Agreement for the provision of website development services (Provider)

Description

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EXPLANATORY NOTES FOR THE WEBSITE DEVELOPMENT SERVICES AGREEMENT, WHERE SUCH AGREEMENT IS IN FAVOUR OF THE PROVIDER OF SERVICES (THE INDEPENDENT CONTRACTOR)

NOTE: this agreement can only be used where the receiver of services does not constitute a “consumer” in terms of the Consumer Protection Act. i.e the receiver MUST BE a juristic entity with a turnover or asset value equal to, or more than R2m at the time of the transaction.

This is a very robust agreement for use by entities that PROVIDE website development services. It is an agreement that is fair and equitable to both parties, but is also one that is structured to protect the rights of the independent contractor, i.e. the entity providing the website development services.

PLEASE NOTE: If you are the party that REQUIRES website development services to be provided to it, then you must purchase the agreement titled “Website Development Services Agreement-Receiver”, as that is more protective of your rights

HOWEVER: If you are the party PROVIDING the website development services, then this is the correct agreement for you to use, as it is more protective of your rights

This WEBSITE DEVELOPMENT SERVICES AGREEMENT- PROVIDER:

• is legally substantive (10 pages in total); please feel free to look at the explanatory notes below and compare the substance of this agreement to others for sale elsewhere;
• is bordered;
• has pages numbered;
• is fully justified;
• is typed up using Tahoma font, size 10;
• has been meticulously spell-checked;
• is extremely professional in its appearance;
• has several drafting notes therein to guide a legal practitioner;
• can be printed onto 10 A4 pages. (In the interests of the environment, SITL Legal suggests that the agreement rather be printed back to back on 5 pages.).

This GENERIC SERVICES AGREEMENT-PROVIDER contains the following clauses:

1. PARTIES
2. DEFINITIONS AND INTERPRETATION
3. RECORDAL
4. APPOINTMENT AND RELATIONSHIP BETWEEN THE PARTIES
5. BBBEE STATUS
6. GOOD FAITH
7. CONFIDENTIALITY
8. DURATION
9. SERVICES
10. INTELLECTUAL PROPERTY
11. PAYMENT
12. TERMINATION
13. LIMITATION OF LIABILITY
14. GOVERNING LAW AND JURISDICTION
15. DISPUTE RESOLUTION
16. CESSION AND ASSIGNMENT
17. THE COMPANY WARRANTIES AND UNDERTAKINGS
18. INDEPENDENT CONTRACTOR WARRANTIES AND UNDERTAKINGS
19. FORCE MAJEURE
20. DOMICILIUM AND NOTICES
21. GENERAL

APPENDIX 1: DESCRIPTION OF THE SERVICES TO BE PROVIDED, FREQUENCY, SERVICE LEVELS, ETC

Please read carefully through the agreement and fill in all missing details; in preparing a signature document, please have regard to all the notes we have placed hereon to assist you with the conclusion of a professional, legally binding agreement.

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