Software Development Agreement, in favour of the provider of services (the independent contractor)

Description

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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:

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. THE SOFTWARE APPLICATION SERVICES
10. DEVIATION TO SPECIFICATIONS
11. RISK AND OWNERSHIP
12. UPDATING OF SOFTWARE APPLICATION
13. PAYMENT
14. TERMINATION
15. LIMITATION OF LIABILITY
16. GOVERNING LAW AND JURISDICTION
17. DISPUTE RESOLUTION
18. CESSION AND ASSIGNMENT
19. WARRANTIES AND UNDERTAKINGS
20. FORCE MAJEURE
21. DOMICILIUM AND NOTICES
22. 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.

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