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Contracts

Duane Marais Attorneys Contracts
  • A service level agreement (SLA) is a documented agreement between a service provider and a customer that identifies both the services required and the expected level of service. The agreement varies between vendors, services, and industries.

  • A loan agreement is made between the creditor (the lender) and the borrower (the debtor), although it is generally prepared by the lender’s legal counsel in order to ensure the legal enforceability of the contract.

    A loan agreement may be called a number of different things, including a loan contract, a credit agreement, a financing agreement, and in some cases, a promissory note.

  • An offer to purchase (OTP) is the document governing the sale agreement of a property between the buyer and seller.

  • A non-disclosure agreement (NDA) is a legally binding contract that establishes a confidential relationship. The party or parties signing the agreement agree that sensitive information they may obtain will not be made available to any others. An NDA may also be referred to as a confidentiality agreement.

    Non-disclosure agreements are common for businesses entering into negotiations with other businesses. They allow the parties to share sensitive information without fear that it will end up in the hands of competitors. In this case, it may be called a mutual non-disclosure agreement.

  • An employment agreement is a binding document signed by an employer and an employee when the latter is onboarded for a position. The employment agreement spells out the rules, rights, and responsibilities of both the employer and the employee and includes any special obligations or terms that are unique to the position. Employees can negotiate the terms of their employment, including salary and benefits, before signing an employment contract. An employment agreement remains active throughout the entire tenure of the signing employee unless it is replaced by a new employment agreement with modified terms.

  • An “MOI” is a “Memorandum of Incorporation” and is a document that sets out the rights, duties and responsibilities of shareholders, directors and other persons involved in a company. Every company incorporated and registered in South Africa needs to have an MOI. The Companies Act of 2008 requires all companies to have an MOI, which replaces the previously used Articles of Association.

    The MOI is a fundamental component of a company's constitutional documents and outlines the company's internal rules and procedures. It also determines the company's relationships with shareholders, sets out voting rights and procedures, and establishes the company's governance structures.

  • A memorandum of understanding is an agreement between two or more parties outlined in a formal document. It is not necessarily legally binding, which depends on the signatories' intent and the language in the agreement, but signals the willingness of the parties to move forward with a contract.

    The MOU can be seen as the starting point for negotiations as it defines the scope and purpose of the talks

  • A joint venture (JV) is a business arrangement in which two or more parties agree to pool their resources for the purpose of accomplishing a specific task. This task can be a new project or any other business activity.

    Each of the participants in a JV is responsible for profits, losses, and costs associated with it. However, the venture is its own entity, separate from the participants’ other business interests.

  • A consortium agreement can be defined as an agreement between two or more companies or entities allowing them to accomplish certain things beyond their individual capacity.

    A consortium can be formed between individuals, businesses, governments, non-profit organizations or any combination of business entities pooling resources to achieve the consortium’s objective.

  • A retainer agreement is a work-for-hire contract. It falls between a one-off contract and permanent employment, which may be full-time or part-time.[1] Its distinguishing feature is that the client or customer pays in advance for professional work to be specified later. The purpose of a retainer fee is to ensure that the employed reserves time for the client in the future when their services are needed.

    A retainer agreement may incorporate other contractual provisions regarding the performance of services, or the parties may potentially enter into additional contracts that define the other terms of their working relationship. A retainer fee may be paid on a fixed, pre-negotiated rate or on a variable hourly rate depending on the nature of retainer and also, the practice of the professional being retained.