Service Level Agreement 2009 - Universiteit Stellenbosch University by monkey6


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									                                               SERVICE LEVEL AGREEMENT
                                               (Short form services or work product agreement)


                                                    STELLENBOSCH UNIVERSITY
                                                        (“Service Provider”)
Physical Address                                    Admin. Building B, Victoria Street, Stellenbosch, 7600, South Africa
Postal Address                                      Private Bag X1, Matieland, Stellenbosch, 7602, South Africa
Telefax Number                                      +27 (0)21 808 4537
Telephone Number                                    +27 (0)21 808 3546
                                                    Research Development:
Contact Person
                                                    Responsible Researcher:
Email Address                             
who warrants that s/he is duly authorised to sign

                                                              [ ] (pty) Ltd
Physical Address
Postal Address
Telefax Number
Telephone Number
Contact Person
Email Address
who warrants that s/he is duly authorised to sign

This PROPOSAL / QUOTATION is open for acceptance for 30 days from the date of signature hereof by the
Service Provider, after which it shall automatically expire. Upon signature of this Quotation / Proposal by the
Client, the Parties herewith agree to be contractually bound by this Quotation / Proposal and by the attached
Terms and Conditions which is incorporated in this document by this reference.
Project title:                                                        Project Leader:
Effective date:                                                       Duration (Contract Period):
Contract Value:                                                       Contract number:

SU Service Level Agreement – short form                       Confidential                                     Page 1 of 3
                                                                THE PROJECT1
                                                            (PROPOSAL / QUOTATION)


    DESCRIBE Services, Work, project approach, planning, facilities etc.

The Services or Work Product will be considered complete when the following criteria are substantially met:

    Deliverables                                                                Completion Criteria

The estimated schedule for delivery of the Services or Work Product are as described below:

    Deliverables                                   Start Date                                         Complete Date

    End Date

4                FEES AND PAYMENT

    Deliverable / payment date                                                                        Fees

    Total Fees:                                                                                       Subtotal:          R

    Payment is due within 30 day from invoice where after interest will be levied on all              VAT(@14%): R
    outstanding amounts.                                                                              Total              R

  Sections one to four must be completed – these sections may, however, be replaced with a separate document that is to be annexed to this Agreement and
which shall at least contain the information required in sections one to four.
  In the event of no period being stipulated, the following condition shall automatically apply: This Agreement shall commence on the signature date and
shall continue to be in force and effect until completion or delivery of the Services or Work Product and full payment has been received, at which time the
Agreement will automatically terminate.

SU Service Level Agreement – short form                              Confidential                                                          Page 2 of 3

5.1     Confidentiality. Proprietary confidential information, data, intellectual property and/or samples provided by the Client
        will be held in strict confidence by the Service Provider and will not be disclosed to any third party.
          All information contained in the Quotation / Proposal is confidential and proprietary to the Service Provider. The
        Service Provider submits this Quotation / Proposal with the express understanding that it will be held by the Client in
        strict confidence and will not be disclosed to any third party for any purpose and will not be duplicated or used by Client
        for any purpose, in whole or in part, other than for the evaluation of our services, without the prior written consent of the
        Service Provider.
5.2     Ownership. Ownership of proprietary intellectual property, confidential information, data and/or samples provided by
        the Client or the Service Provider to the other party, as the case may be, shall remain so vested.
          The Services or Work Product delivered by the Service Provider shall become the property (inclusive of copyright in
        Reports) of the Client after payment of the full fees as set out in paragraph 4 here above.
5.3     Liability. Neither party shall be liable to the other Party for any loss or damage caused by or arising from any act or
        omission in terms of or pursuant to this Agreement, or arising from any act or omission rendering the other Party
        unable to perform its duties in terms of this Agreement, except to the extent specifically provided for in clause 5.6
          Notwithstanding clause 5.6, the liability of the Service Provider to the Client in terms of this Agreement or in terms of
        the common law or any indemnity relating to this Agreement, for any direct or indirect or consequential damages,
        whether at any time within the contemplation of the parties or not, and any loss of income or profit, howsoever arising,
        shall in any event be limited to the aggregate of the price or remuneration or value of any consideration paid by the
        Client to the Service Provider in terms of this Agreement.
5.4     Standard of care. The Service Provider shall exercise reasonable professional skill, care and diligence at all times in
        performing the Services, which shall be performed in accordance with Good Industry Practice (Good Industry Practice
        means the exercise of the degree of skill, care, prudence and foresight, which would be expected from a skilled and
        experienced party engaged in the provision of services under the same or similar circumstances) in fulfilling its
        obligations under this Agreement.
          The Service Provider does, however, not warrant or make any representations regarding the use, validity, accuracy,
        or reliability of the Services or Work Product.
5.5     General.     The Service Provider shall be under no obligation to disclose proprietary know how, information,
        methodologies and/or background intellectual property.
          Should such a situation arise, terms and conditions pertaining to intellectual property, publication rights or any other
        matter shall be negotiated with the Client in a separate agreement.
          The Parties hereby choose domicilium citandi et executandi for all purposes in terms hereof as indicated on page
5.6     Termination In the event of either of the Parties committing a material breach of any of the terms and conditions of this
        Agreement, and remaining in default for a period of thirty days after receipt by it of written notice from the other Party
        calling for such breach to be remedied, the Party delivering such notice shall be entitled, without prejudice to any other
        rights it may have in terms of this Agreement or in law, to terminate this Agreement by written notice to that effect given
        to the other Party.
          The Service Provider may at any time terminate this Agreement by way of one month written notice to the Client.
                                                                   ~ end ~

SU Service Level Agreement – short form                   Confidential                                               Page 3 of 3

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