EXPLANATORY NOTES FOR THE DESIGN SERVICES AGREEMENT, WHERE SUCH AGREEMENT IS IN FAVOUR OF THE PARTY RECEIVING THE SERVICES
This agreement is for use by entities that REQUIRE the provision of design services, whether by engineers, artists, graphic-designers, illustrators and such like. It is an agreement that is structured to protect the rights of the party that RECEIVES the services.
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 a party that PROVIDES design services, it is suggested that you make use of the agreement, titled “Design Services Agreement- Provider“, as the latter agreement is more protective of your rights.
HOWEVER, if you are a party that RECEIVES design 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.
- is legally substantive (13 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 DESIGN SERVICES AGREEMENT- RECEIVER contains 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; 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.