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EXPLANATORY NOTES FOR THE GENERIC SERVICES AGREEMENT, WHERE SUCH AGREEMENT IS IN FAVOUR OF THE PROVIDER OF SERVICES (THE INDEPENDENT CONTRACTOR) AND WHERE THE CONSUMER PROTECTION ACT DOES NOT APPLY
This agreement is for use by all types of entities (whether individuals, smes, private companies, public companies, etc.), that PROVIDE services of whatever type. It is drafted in such a way that enables it to be modified for the provision of literally any conceivable service. 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 services.
PLEASE NOTE: If you are the party that REQUIRES services to be provided to it, then you must purchase the agreement titled “Generic Services Agreement-Receiver”, as that is more protective of your rights
HOWEVER: If you are the party PROVIDING the services, then this is the correct agreement for you to use, as it is more protective of your rights.
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HOWEVER: If you are the party PROVIDING the services, then this is the correct agreement for you to use, as it is more protective of your rights
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.
If the receiver of services is a natural person, or a juristic person that has assets or a turnover of LESS THAN R2m at the time of the transaction, then this agreement cannot be used. and a bespoke services agreement that complies with the Consumer Protection Act must be drafted. This agreement is also not applicable to a franchisor/franchisee relationship irrespective of the turnover of the franchisee and a bespoke services agreement that complies with the Consumer Protection Act must be drafted
This GENERIC SERVICES AGREEMENT- PROVIDER: