Software Development Agreement, in favour of the provider of services (the independent contractor)
R700.00
Moneyweb Insider Gold subscribers receive 12.5% discount!
NOTE: 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.
This agreement is for use by software development houses. While it is a fair and equitable agreement to both parties, it is largely drafted in favour of the software developer PROVIDING the services (the independent contractor).
Moneyweb Readers: R700.00 Incl VAT
Moneyweb Insider Gold subscribers: R 612.50 incl VAT
Description
Moneyweb Insider Gold subscribers receive 12.5% discount!
NOTE: 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.
This agreement is for use by software development houses. While it is a fair and equitable agreement to both parties, it is largely drafted in favour of the software developer PROVIDING the services (the independent contractor).
PLEASE NOTE: If you are the party that REQUIRES software development services to be provided to it, then you must purchase the agreement titled “Software Development Agreement-Receiver”, as that is more protective of your rights
HOWEVER: 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
This agreement:
- is legally substantive (15 pages in total);
- 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 15 A4 pages. (In the interests of the environment, SITL Legal
suggests that the agreement rather be printed back to back on 8 pages.).
This SOFTWARE DEVELOPMENT AGREEMENT- PROVIDER contains the following clauses:
- PARTIES
- DEFINITIONS AND INTERPRETATION
- RECORDAL
- APPOINTMENT AND RELATIONSHIP BETWEEN THE PARTIES
- BBBEE STATUS
- GOOD FAITH
- CONFIDENTIALITY
- DURATION
- THE SOFTWARE APPLICATION SERVICES
- DEVIATION TO SPECIFICATIONS
- RISK AND OWNERSHIP
- UPDATING OF SOFTWARE APPLICATION
- PAYMENT
- TERMINATION
- LIMITATION OF LIABILITY
- GOVERNING LAW AND JURISDICTION
- DISPUTE RESOLUTION
- CESSION AND ASSIGNMENT
- WARRANTIES AND UNDERTAKINGS
- FORCE MAJEURE
- DOMICILIUM AND NOTICES
- GENERAL
APPENDIX 1: FUNCTIONAL SPECIFICATIONS
APPENDIX 2: DEVELOPMENT PHASES
APPENDIX 3: PAYMENT
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.
Moneyweb Readers: R700.00 Incl VAT
Moneyweb Insider Gold subscribers: R 612.50 incl VAT