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EXPLANATORY NOTES FOR THE DESIGN SERVICES AGREEMENT, WHERE SUCH AGREEMENT IS IN FAVOUR OF THE PROVIDER OF SERVICES (THE INDEPENDENT CONTRACTOR)
This agreement is for use by all entities (whether SMMES or otherwise) that provide design services, such as engineers, artists, graphic designers, illustrators and such like. While it is a fair and equitable agreement to both parties, it is largely drafted in favour of the party PROVIDING the services (the independent contractor).
Note that 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.
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Note: we will shortly make available agreements that regulate transactions that fall under the Consumer Protection Act. This agreement is for transactions that DO NOT fall under the Consumer Protection Act. Always make certain that the receiver of services under this agreement is neither a juristic person with assets or a turnover UNDER R2m nor a natural person.
PLEASE NOTE: If you are the party that REQUIRES the provision of design services, then you must purchase the agreement titled “Design Services Agreement-Receiver“, as that is more protective of your rights
HOWEVER: You may also purchase the Generic Services Agreement (Provider) if you wish and tailor accordingly.
If you are the party PROVIDING the software development services, then this is the correct agreement for you to use, as it is more protective of your rights.
If you generally provide and receive services, we have prepared an e-pack that may be of use to you and the agreements provided can be tailored for the provision of any type of service. For more information please read here.
This DESIGN SERVICES AGREEMENT- PROVIDER contains the following clauses:
APPENDIX 1: SERVICE LEVELS
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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