Service Provider Agreement
Version 1.0
Date: 2 February 2008
1. Definitions
1.1. All terms used in this Agreement have the same meanings as those assigned to them in the Terms and Conditions of Use of the Website, unless otherwise defined in this clause 1.
1.2. “Client” means a party which contracts with Africa Soccer for an introduction of Service Providers to undertake work.
1.4. “Service Provider” means the party who wished Africa Soccer to introduce it to Clients.
1.5. "Website" means the Internet World Wide website at URL "http://www.AfricaSoccer.co.za".
2. Agreement
2.1. By entering information on the Website as set out in clause 3.2, the Service Provider agrees to the provisions of this agreement.
2.2. This Agreement forms part of and should be read with the Terms and Conditions of the Website at URL http://www.africasoccer.co.za as amended from time to time, and all terms herein have the meanings defined in that agreement, unless otherwise defined herein.
2.3. Africa Soccer reserves the right to amend the terms of this agreement at any time and without notice to the Service Provider. The Service Provider is advised to regularly appraise itself of the terms of this agreement, the most recent version of which will be available on the Website. Please refer to the last version and revision date at the top of this agreement.
3. Nature of Service
3.1. Africa Soccer is not an employer and carries on business in respect of this agreement only as a facilitator for the purpose of effecting introductions between persons desiring to enter into contracts for the letting and hiring of work.
3.3. Africa Soccer shall make all reasonable endeavours to locate Clients which can make use of the skills offered by the Service Provider.
3.4. Should Africa Soccer succeed in identifying a Client which it in its sole discretion considers can make use of the Service Provider’s skills, it will provide the Service Provider with details of the work which is to be undertaken.
3.5. Service provider shall, within 72 hours of the receipt of such details, provide Africa Soccer with a quotation for the provision of services to undertake the work.
3.6. Africa Soccer shall present all reasonable quotations received from Service Providers to the Client in question, but reserves the right to remove the identity of the Service Provider from such quotations.
3.7. Should the Client accept a quotation, the Service Provider and the Client will be introduced to each other by Africa Soccer.
3.8. It is for the Service Provider and Client to enter into an agreement between them, and Africa Soccer shall not act as an agent for either party in reaching such agreement.
3.9. Africa Soccer will charge a commission to the Client for offering the service described in this agreement on such terms as it agrees with the Client.
3.11. Should such further work as contemplated in clause 3.10 be required, the Service Provider shall follow the procedure set out in this clause 3 when offering to undertake such further work.
4. No Warranties
4.1. Africa Soccer and its servants and agents do not accept responsibility and are not liable for any information or representations concerning the Service Provider or persons to whom the Service Provider may be introduced; neither does Africa Soccer give or accept responsibility for any warranty concerning the history, character, age, capabilities or suitability of the Service Provider or of such persons.
4.2. Africa Soccer gives no representation or warranty that any work is available, or will remain or become available.
4.3. Africa Soccer is not liable for any loss or expense, howsoever caused, which may be incurred by the Service Provider, or any persons to whom the Service Provider is introduced, in effecting or attempting to effect a meeting following any introduction by Africa Soccer.
5. No Agency and No Employment
5.2. This agreement does not give rise to a relationship of employer and employee between Africa Soccer and the Service Provider respectively, and the provisions of the Labour Relations Act are specifically excluded.
6. Restraint
6.1. Should the Service Provider undertake work for a Client to whom he has been Introduced by Africa Soccer before the completion of the Fédération Internationale de Football Association (FIFA) World Cup 2010, without the knowledge and consent of Africa Soccer, the Service Provider will be jointly and severally liable with the Client for payment of the commission that would otherwise have been paid by the Client to Africa Soccer for the work so undertaken.
7. Exemption / Indemnity
7.1. Notwithstanding the other provisions of this agreement, the Service Provider indemnifies and holds harmless Africa Soccer in respect of any claim relating to or arising from this agreement by any Third Party, whether such claim be for direct, indirect or consequential damages of any kind or any loss of profit or special damages whether in contract or in delict and whether in the contemplation of the parties or not.
7.2. Notwithstanding the other provisions of this agreement, Africa Soccer shall be exempted from and not be liable under any circumstances whatever for any direct, indirect or consequential damages of any kind or any loss of profit or special damages of any kind, whether in contract or in delict and whether in the contemplation of the parties or not, which the Service Provider may suffer as a result of any negligent act or omission on the part of Africa Soccer, its employees, officers or agents.
8. Breach
8.1. Should the Service Provider fail to comply with any of its obligations or commit a breach of this Agreement and fail to remedy such default or breach within 7 (seven) days after having received a written notice to do so, or be placed in provisional or final liquidation or sequestration, or judicial management, or enter into any compromise arrangements with its creditors, or fail to satisfy a judgment taken against it within ten (10) days, Africa Soccer shall be entitled either:
8.1.1. to hold the Service Provider to the Agreement; or
8.1.2. to cancel the Agreement.
8.2. The provisions of this clause will not affect the rights of the parties to claim damages in respect of a breach of any of the provisions of this Agreement, or otherwise as allowed in law.