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Legal AgreementsIndemnity & Compensation

Services Agreement With Royalties or Commission

This template is a comprehensive Services Agreement designed for situations where a service provider will receive royalties or commission based on their performance or the success of the services rendered. It outlines the terms and conditions, payment structure, and intellectual property rights.

Updated 15d ago
services agreementroyaltycommissioncontractSMESouthern Africaperformance-basedintellectual property

Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

SERVICES AGREEMENT

This Services Agreement (hereinafter referred to as 'the Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}} (the 'Effective Date'),

BETWEEN:

{{client_company_name}}, a company duly incorporated under the laws of {{client_company_jurisdiction}}, with its principal place of business at {{client_company_address}} (hereinafter referred to as 'the Client');

AND

{{service_provider_company_name}}, a company/individual duly incorporated/residing under the laws of {{service_provider_jurisdiction}}, with its principal place of business/residence at {{service_provider_address}} (hereinafter referred to as 'the Service Provider').

The Client and the Service Provider are hereinafter collectively referred to as 'the Parties' and individually as 'a Party'.

1. ENGAGEMENT AND SERVICES

1.1. The Client hereby engages the Service Provider to perform the services as more fully described in Schedule A hereto (the 'Services').

1.2. The Service Provider agrees to perform the Services with due care, skill, and diligence, according to best industry practices and in compliance with all applicable laws and regulations.

1.3. The Service Provider shall report to {{client_contact_person}} at {{client_company_name}} for all matters relating to the Services.

2. DURATION

2.1. This Agreement shall commence on the Effective Date and shall continue until {{end_date}} unless terminated earlier in accordance with the provisions of this Agreement.

3. FEES, ROYALTIES AND COMMISSION

3.1. In consideration for the Services rendered by the Service Provider, the Client shall pay the Service Provider:

a) A base fee of {{base_fee_amount}} ({{base_fee_currency}}) per {{payment_period}}.

b) A royalty of {{royalty_percentage}}% of the net {{revenue_type}} generated from/by {{specific_product_service}}.

c) A commission of {{commission_percentage}}% of the total value of {{transaction_type}} successfully completed by the Service Provider.

3.2. Payment of royalties and commission shall be calculated and paid on a {{royalty_commission_payment_frequency}} basis, within {{payment_days}} days following the end of each {{royalty_commission_payment_frequency}} period.

3.3. The Client shall provide the Service Provider with detailed statements supporting royalty and commission calculations within {{statement_days}} days of the end of each {{royalty_commission_payment_frequency}} period.

3.4. All payments shall be made in {{payment_currency}} to the Service Provider's nominated bank account: {{bank_name}}, Account No: {{account_number}}, Branch Code: {{branch_code}}.

4. INTELLECTUAL PROPERTY

4.1. All intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, developed or created by the Service Provider in the course of performing the Services (the 'Work Product') shall be the sole and exclusive property of the Client.

4.2. The Service Provider hereby assigns to the Client all right, title, and interest in and to the Work Product.

4.3. The Service Provider agrees to execute any further documents or instruments as may be reasonably required by the Client to perfect the Client's ownership of the Work Product.

5. CONFIDENTIALITY

5.1. Both Parties agree to keep confidential all non-public information obtained during the course of this Agreement ('Confidential Information').

5.2. Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing Party.

5.3. This obligation of confidentiality shall survive the termination of this Agreement for a period of {{confidentiality_period}} years.

6. INDEMNITY

6.1. The Service Provider shall indemnify and hold harmless the Client from and against any and all claims, liabilities, costs, damages, and expenses (including reasonable attorneys' fees) arising out of or in connection with any breach by the Service Provider of its obligations under this Agreement, or any negligent or wrongful act or omission of the Service Provider.

6.2. The Client shall indemnify and hold harmless the Service Provider from and against any and all claims, liabilities, costs, damages, and expenses (including reasonable attorneys' fees) arising solely out of or in connection with the Client's gross negligence or wilful misconduct.

7. TERMINATION

7.1. Either Party may terminate this Agreement by giving {{notice_period}} ({{notice_period_units}}) written notice to the other Party.

7.2. Either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period}} days of receiving written notice thereof.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1. This Agreement shall be governed by and construed in accordance with the laws of {{governing_jurisdiction}}.

8.2. Any dispute arising out of or in connection with this Agreement shall be submitted to arbitration in {{arbitration_location}} in accordance with the rules of the {{arbitration_body}}.

9. ENTIRE AGREEMENT

9.1. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

Signature Block

IN WITNESS WHEREOF, the Parties have executed this Agreement on the Effective Date.

FOR THE CLIENT:

_____________________________

Name: {{client_signatory_name}}

Title: {{client_signatory_title}}

Date: _____________________________

FOR THE SERVICE PROVIDER:

_____________________________

Name: {{service_provider_signatory_name}}

Title: {{service_provider_signatory_title}}

Date: _____________________________

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