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.

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: 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 epack 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 agreement:

  • is legally substantive (10 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 10 A4 pages. (In the interests of the environment, it is suggested that the agreement rather be printed back to back on 5 pages.).

This DESIGN SERVICES 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. SERVICES
  10. INTELLECTUAL PROPERTY
  11. PAYMENT
  12. TERMINATION
  13. LIMITATION OF LIABILITY
  14. GOVERNING LAW AND JURISDICTION
  15. DISPUTE RESOLUTION
  16. CESSION AND ASSIGNMENT
  17. WARRANTIES AND UNDERTAKINGS
  18. FORCE MAJEURE
  19. DOMICILIUM AND NOTICES
  20. GENERAL

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.

Constructive feedback concerning this agreement can be emailed to info@sitllegal.co.za.