Contracts

We are experts in drafting legal contracts or agreements, especially IT contracts or Information Technology Contracts. Our attorneys have years of experience in drafting contracts and an excellent understanding of the various nuances and structures that exist.

We work with both vendors and customers and offer advice through all the various stages of entering into contracts. There are many different types of agreements, as well as different elements that make up the agreements. If you are a vendor it is essential that you have good templates and good version control to ensure that you manage the relationships with your customers adequately. We assist with drafting, reviewing, negotiating and managing contracts to ensure that you get the most our of your relationships with customers and vendors alike. You can find out more about the different contracts and services that we offer relating to vendors and customers.

Our latest insights on Contracts and Service Level Agreements are below.

Why it is essential to enter into a contract

Contracts are an essential tool for businesses and organisations because they build trust between the parties. They provide a framework for establishing the terms and conditions of an agreement between two or more parties and can cover a wide range [...]

By |2023-02-24T11:42:36+02:00February 22nd, 2023|Categories: Contracts|Tags: |

The AI disclosure clause: drafting tips for vendor contracts

A clever client recently asked me to draft an AI disclosure clause for her organisation’s vendor agreements. Her reasoning: with the prevalence of AI technologies like ChatGPT, she wants to know if vendors use AI in producing deliverables. Ultimately, she [...]

By |2024-08-25T22:05:10+02:00January 24th, 2023|Categories: AI Governance, Contracts|Tags: |

oneNDA: 3 reasons that the world can’t yet adopt one NDA

By now, I’m sure you’ve heard of oneNDA. It’s an attempt by lawyers to create the world’s first standard NDA—a single contract that everyone would use to protect confidentiality at the beginning of commercial transactions. [...]

By |2024-08-14T12:54:58+02:00January 26th, 2022|Categories: Contracts|

Startup funding: understanding SAFEs

Raising seed capital is an exercise many startups will need to go through. It is important to remember that funding is a means-to-an-end. Funding isn't indicative of success, rather it enables your startup to scale. So the question arises, what [...]

By |2022-10-18T14:45:51+02:00December 1st, 2021|Categories: Company Law, Contracts, Startup law|Tags: , |

Reseller Agreement – Agent or Distributor?

We often get asked by vendors of goods or services (like original software manufacturers (OEMs), principals, software developers or vendors) to draft a reseller agreement to appoint a third party (or reseller) to sell their solutions to the third parties [...]

By |2022-12-22T10:21:54+02:00April 6th, 2021|Categories: Contracts|Tags: , , , |

What is Source Code Escrow or Software Escrow?

Source code escrow (or software escrow) is a complex, but important concept. If your business is dependent on custom-developed software (or data), you should consider placing it in safekeeping - in escrow. That would be a prudent risk management practice, [...]

By |2024-01-26T10:23:00+02:00January 9th, 2021|Categories: Contracts|Tags: , , |

Can you get a rent holiday and avoid paying rent during the coronavirus pandemic?

If you’re a landlord or tenant, you have plenty on your plate right now. As a tenant, you’re asking yourself: Do I have to pay rent? Does the coronavirus pandemic mean that my landlord has to give me a break? [...]

By |2022-10-19T13:56:58+02:00May 4th, 2020|Categories: Contracts|Tags: , , , |

How to manage contracts in a time of coronavirus and COVID-19?

How do coronavirus and COVID-19 affect contracts in South Africa? The pandemic is having a significant impact on many types of contracts in South Africa and many people are trying to apply contractual legal principles to them to work out [...]

By |2022-10-19T13:59:10+02:00April 16th, 2020|Categories: Contracts|Tags: |

Policy is not part of the employment contract

Policy does not form part of the employment contract and therefore does not have any contractual or binding effect. But if they are expressly incorporated into the employment contract, they do form part of the contract and are binding. For [...]

By |2022-11-15T16:33:34+02:00March 13th, 2020|Categories: Contracts, Governance, Labour Law|Tags: , , |

What do SaaS development contracts do differently?

Software development contracts are always a tricky subject. While the basic principles of contract remain the same in software development, you need to give specific attention to a few select differences, or neither party is going to get exactly what [...]

By |2022-11-01T10:33:37+02:00July 24th, 2019|Categories: Contracts, Electronic Transactions Law|Tags: , , |

Heading into the cloud – contractual freedom through software as a service

Software as a service is about freedom. We live in an on-demand culture where access is more important than ownership. Software as a service lets you enjoy the benefits of being able to access the software without the burdens [...]

By |2023-10-04T16:13:11+02:00July 23rd, 2019|Categories: Contracts, Electronic Transactions Law|Tags: , |