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Tuesday, October 20th, 2009
Creating the perfect legal agreement in terms of law is not always the sought after or perfect solution. When drafting an agreement, what is most critical for me is that the person drafting the agreement gets a solid grasp of the following:
Why the company wants ...
Posted in Agreements, Goods or Services | No Comments »
Tuesday, August 18th, 2009
In a labour broking scenario, a temporary employment service (labour broker) employs people who then provide services to a client (person for whom the work is being done). For example, ICT Labour Broker employs Joe Soap (a computer programmer), who then provides ICT goods or services to Acme Bank Limited ...
Posted in Agreements, Alerts, Goods or Services, Labour, Outsourcing | No Comments »
Friday, July 3rd, 2009
Many people view the Consumer Protection Act 68 of 2008 (CPA or "the Act") as the Bill of Rights for consumers - probably rightly so, as consumers will have ample rights in terms of the Act, once in operation. One of these rights is the Right to Choose as contemplated ...
Posted in Consumer Protection, Explanations, Goods or Services | 2 Comments »
Wednesday, July 1st, 2009
We told you previously that the Consumer Protection Act 68 of 2008 (CPA) has been signed into law and will become operative on 24 October 2010. The CPA will give consumers lots of rights and protection where in the past vendors could to a large extent decide how they wanted ...
Posted in Consumer Protection, FAQs, Goods or Services, eCommerce | No Comments »
Wednesday, July 1st, 2009
In the past, various Internet service providers (ISPs) have been held liable for the unlawful action of others. For example, ISPs have been held liable for the data hosted on one of their servers by a customer. So, a user opens a hosting account with an ISP and puts up ...
Posted in FAQs, Goods or Services, Web Sites, eCommerce | No Comments »
Monday, June 15th, 2009
There is a trend for businessmen to demand the signing of non-disclosure agreements (NDAs). An NDA is useful:
when someone needs access to an organisations confidential information or trade secrets, for example for the purpose of preliminary discussions and evaluations;
where a purchase of a company is contemplated;
where a joint venture is ...
Posted in Agreements, Clients, FAQs, Goods or Services, Guidance, Information Management, Intellectual Property | No Comments »
Thursday, May 21st, 2009
We recently told you that Electronic Debit Order Authorisations are possible. But I bet you are still using a paper authorisation form for your clients to sign in pen and ink. Why? Technology is there to help you with your business administration. Why not use it to obtain debit order ...
Posted in Agreements, Goods or Services, Opinions, Web Sites, eCommerce | No Comments »
Monday, March 16th, 2009
We often get asked what the difference is between "reasonable efforts" and "best efforts". Sometimes they are referred to as "reasonable endeavours" or "best endeavours". It is often a sticking point in the negotiation of agreements and sometimes causes disputes. "Best efforts" and "reasonable efforts" are vague and not easy ...
Posted in Agreements, Clients, Explanations, FAQs, Goods or Services, Subscriber | No Comments »
Sunday, March 8th, 2009
Many merchants receive payment from their customers via debit order. In South Africa (with its culture of late payment) it is a great way to receive payment from customers. The level of non-payment and the costs of chasing payment are dramatically reduced.
Debit orders are useful because payment automatically gets taken ...
Posted in Agreements, Goods or Services, Web Sites, eCommerce | No Comments »
Saturday, March 7th, 2009
We have always recommended alternative dispute resolution (ADR) clauses in contracts, especially when it comes to technology related agreements. It is usually better not to resolve disputes of a technical nature through the South African courts.
In the Draft Report for Corporate Governance for South Africa (King III or King 3) ...
Posted in Agreements, Goods or Services, IT Governance, Plain Language, Technology | No Comments »
