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Non Liability Contract

Non Liability Contract Template for South Africa

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Key Requirements PROMPT example:

Non Liability Contract

"I need a Non Liability Contract for my software development company based in Cape Town, providing cloud services to corporate clients, to be implemented by March 2025, with specific focus on data protection and service interruption liability limitations."

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Document background
The Non-Liability Contract serves as a critical risk management tool in commercial relationships under South African law. It is particularly valuable in situations where parties need to clearly define and limit their liability exposure while maintaining compliance with statutory requirements. This document is commonly used in service agreements, product sales, facility usage, and professional services contexts. The contract must carefully balance the parties' interests with consumer protection requirements under South African law, including the Consumer Protection Act's provisions regarding unfair contract terms. Special attention is given to the prominence and clarity of liability limitation clauses, as required by Section 49 of the Consumer Protection Act, and the document includes all necessary warnings and acknowledgments to ensure enforceability.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation

4. Scope of Services/Products: Detailed description of services or products covered by the liability limitations

5. Liability Limitations: Clear statement of liability exclusions and limitations, with specific attention to Consumer Protection Act requirements

6. Indemnification: Mutual or unilateral indemnities related to the liability limitations

7. Warranties and Representations: Express warranties and representations, including those that cannot be excluded by law

8. Duration and Termination: Term of the agreement and circumstances for termination

9. Governing Law and Jurisdiction: Confirmation of South African law application and jurisdiction for disputes

10. General Provisions: Standard boilerplate clauses including notices, entire agreement, and severability

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage is necessary to support liability arrangements

2. Force Majeure: Optional clause defining circumstances beyond parties' control that affect liability

3. Dispute Resolution: Alternative dispute resolution procedures, recommended for high-value or complex relationships

4. Confidentiality: Required when sensitive information will be exchanged

5. Compliance with Laws: Needed when specific regulatory compliance is crucial to the relationship

6. Assignment and Subcontracting: Include when transfer of rights or obligations needs to be restricted

Suggested Schedules

1. Schedule A - Service/Product Specifications: Detailed description of services or products covered by the agreement

2. Schedule B - Fee Schedule: Pricing and payment terms if applicable

3. Schedule C - Specific Exclusions: Detailed list of specific situations or claims excluded from liability

4. Schedule D - Insurance Requirements: Detailed insurance requirements and minimum coverage levels

5. Appendix 1 - Notice Requirements: Format and procedures for required notices under the agreement

6. Appendix 2 - Authorized Representatives: List of authorized representatives for each party

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions































Clauses






























Relevant Industries

Professional Services

Manufacturing

Construction

Technology and Software

Events and Entertainment

Sports and Recreation

Healthcare

Education

Retail

Transportation and Logistics

Real Estate

Financial Services

Relevant Teams

Legal

Risk Management

Compliance

Operations

Finance

Commercial

Business Development

Customer Service

Sales

Project Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Manager

Business Development Manager

Operations Director

Chief Financial Officer

Chief Executive Officer

Commercial Director

Project Manager

Facility Manager

Service Delivery Manager

Sales Director

General Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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