This agreement is for use by all entities (except natural persons) that REQUIRE the provision of certain services. It is an agreement that is structured to protect the rights of the party that RECEIVES the services.
This agreement is drafted in such a way that it can be tailored for the provision of any type of service.
PLEASE NOTE: If you are a party that PROVIDES services of whatever nature, it is suggested that you make use of the agreement, titled “Generic Provision of Services Agreement- Provider”, as the latter agreement is more protective of your rights.
HOWEVER, if you are a party that RECEIVES certain services (that you will define in more detail in the agreement), 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
- is legally substantive (19 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;
- may be printed onto 13 A4 pages. (In the interests of the environment, SITL legal suggests that the agreement rather be printed back to back on 7 pages.).
This GENERIC SUPPLIER SERVICES AGREEMENT- RECEIVERcontains the following clauses:
- DEFINITIONS AND INTERPRETATION
- APPOINTMENT AND RELATIONSHIP BETWEEN THE PARTIES
- BBBEE STATUS
- GOOD FAITH
- INTELLECTUAL PROPERTY
- LIABILITY, INDEMNITY AND INSURANCES
- GOVERNING LAW AND JURISDICTION
- DISPUTE RESOLUTION
- CESSION AND ASSIGNMENT
- WARRANTIES AND UNDERTAKINGS
- DOMICILIUM AND NOTICES
APPENDIX 1: DESCRIPTION OF THE SERVICES TO BE PROVIDED, FREQUENCY, SERVICE LEVELS, PENALTIES, FEES
APPENDIX 2: FORM OF CONFIDENTIALITY AGREEMENT
Please read carefully through the agreement and fill in all missing details.