Now, therefore, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do hereby agree as follows:. This Service Contract Template assumes a pure labor based contract with certain software involved. Any software related terms may be deleted if not applicable.
As always, consult your lawyer prior to any use of a template, since circumstance may dictate different contract language. Contractor shall perform and deliver the Project as set forth in the Statement of Work issued against and subject to the terms and conditions of this Agreement.
The work which Contractor shall perform shall be specified in the Statement of Work—attached hereto as Attachment A—which will be written under the terms and conditions of this Agreement. The Statement of Work shall specify: The term of this Agreement shall commence on 19.08.2018, and shall continue thereafter until terminated in writing by one of the parties, or as provided in Section 11 below.
Projects will be performed on a firm fixed price basis or a time and materials basis, as indicated in the applicable Statement of Work. Any additional or unscheduled Services or Deliverables to be provided by Contractor outside of the Statement of Work must be mutually agreed upon in writing signed by both parties hereto referencing this Agreement. Invoices will contain a description of the Services or Deliverables provided.
Contractor reserves a purchase money security interest in each Deliverable until payment of the Project Price is received. Except for commercial off-the-shelf type products where the license for such products is contained in the applicable Statement of Work, Customer shall have exclusive unlimited ownership rights to all deliverables developed under this Agreement.
All of the foregoing shall be deemed to be work made for hire, except as hereafter specified, and belong to Customer, with Customer having the sole right to obtain, hold, and renew, in its own name or for its own benefit, patents, copyrights, registrations, or other appropriate protection. Customer acknowledges that Contractor uses, or may develop hereunder, methods, concepts, code sequences, format, sequence structure, organization, menu command hierarchy, templates, masks, user interface, techniques, program organization, database structuring techniques, and the like Contractor proprietary items that are proprietary to Contractor.
It is agreed that these Contractor proprietary items shall remain the sole and exclusive property of Contractor. Contractor grants Customer a perpetual, non-exclusive, paid-up license to use Contractor proprietary items subject to the following:.
Customer may use Contractor proprietary items solely in connection with the products purchased hereunder, for the purpose for which those products were originally purchased.
Customer may not transfer, sell, or otherwise dispose of any Contractor proprietary items without the prior written consent of Contractor. This license gives no title or ownership rights in Contractor proprietary items or related intellectual property to Customer. If software source code is delivered to Customer under this license, Customer agrees to keep the source code strictly confidential in accordance with Section 13 below.
If software object code is delivered, Customer will not copy or modify the software or subject the software to any process intended to create computer source code from Contractor proprietary items. Customer agrees to retain or reproduce on all copies of any Contractor proprietary items all copyright notices and other proprietary legends and all trademarks or service marks of Contractor or any third party.
Customer will have no rights to assign or sell the license granted herein to others. If Customer orders any commercial off-the-shelf type products, a separate licensing agreement shall be negotiated and shall become part of the applicable Statement of Work.
Customer grants Contractor a perpetual non-exclusive, paid-up license to use all portions of the deliverables first developed by Contractor during the performance of this Agreement, not to include content or any material provided to Contractor by Customer. The Deliverables, if any, shall be deemed accepted by Customer upon completion of the following acceptance test:. Immediately upon receipt of said Deliverables, Customer shall promptly perform testing of the Deliverables to confirm that the Deliverables perform in accordance with the documentation or other standards applicable thereto as set forth in the Statement of Work.
Unless otherwise agreed to in writing by the parties, Contractor will redeliver corrected Deliverables to Customer within a reasonable amount of time after receipt of such statement of nonconformities.
Following redelivery of corrected Deliverables, a new acceptance test shall be immediately commenced by Customer. Any such written statement of nonconformities shall provide sufficient detail to enable Contractor to remedy the failure to conform to the Completion Criteria.
If Customer fails to provide a written acceptance or a written statement of nonconformities within five 5 days of initial receipt of said Deliverables or such other mutually acceptable period as defined in the applicable Statement of Work, or within five 5 days of re-delivery of said corrected Deliverables or such other mutually acceptable period, the Deliverables shall be deemed immediately accepted by Customer.
Feel free to use the above as a starting point to craft an acceptance test suitable for the work you are providing. Contractor warrants deliverable functionality substantially as defined in the Statement of Work for a period of [NUMBER] days following final delivery. Contractor warrants that with respect to any Deliverable assigned by Contractor to Customer that Contractor has the right to transfer title to Customer.
Contractor further warrants that to its knowledge the Deliverables do not infringe any intellectual property right held by a third party. In order for Customer to exercise this remedy, Customer must give Contractor written notice of such nonconformity within the warranty period, and Contractor must determine that any nonconformity did not arise due to any cause specified below.
Contractor shall be given free and full access to deliverables to make corrections, and Customer shall promptly inform Contractor of any changes in the location of Deliverables during the warranty period. Repair of damage to Deliverables caused by Customer during unpacking.
Contractor expressly does not warrant that the operation of Deliverables which are software shall be uninterrupted or error-free; or that Deliverables will operate on any system, or with any software, other than the system with which the Contractor tested such Deliverables. Contractor does not warrant any third-party software development tools. The performance of the Writer Services under the Writer Contract commences and terminates on the dates specified in the Job Terms, unless both Writer and Scripted otherwise agree and Writer or Scripted edits the Job deadline on the Site.
In the event that a piece is eligible for edits, the rejected first Submission shall be returned to the Writer with comments, edits or any remarks in order to allow a Writer to make a second Submission.
Writer has the right to be employed by, contract with or otherwise perform similar services for other individuals or entities specifically including direct competitors of Scripted during the term of this Agreement. In doing so, Writer shall not make use of, or disclose, directly or indirectly, any confidential or proprietary information of Scripted or its clients or Buyers.
Writer shall have the right at all times to decline to provide services. Writer shall furnish and maintain at its expense all certifications, licenses, continuing education, equipment and materials used to provide the Services, including, but not limited to a telephone, computer equipment, and high-speed internet access. Writer is solely and exclusively liable for complying with all applicable state, federal and international laws, including laws governing self-employed individuals, and other contributions based on fees paid to Writer under the Writer Contract.
Writer hereby agrees to indemnify and defend Scripted against any and all such taxes or contributions, including penalties and interest. Upon execution of this Agreement, Writer shall provide a completed W-9 to Scripted and shall provide same for any year during which he or she is covered by any extension or renewal of this Agreement.
Ownership of Job and Intellectual Property: Writer agrees that each Submission is a work made for hire. Writer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Submission.
License to or Waiver of Other Rights: If Writer has any right to such Intellectual Property Rights in the Submission that cannot be assigned by Writer, Writer hereby automatically upon receipt of payment from Scripted unconditionally and irrevocably grants to Scripted during the term of such rights, an exclusive, even as to Writer, irrevocable, perpetual, worldwide, fully paid and royalty-free license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights.
Writer agrees to assist Scripted in every way, both during and after the term of the Writer Contract, to obtain and enforce United States and foreign Intellectual Property Rights relating to Submission in all countries.
Scripted will reimburse Writer for any out-of-pocket costs associated with such obtaining and enforcement. When an Assigned Writer makes a final Submission, such request is: Scripted may also offer Writer a partial payment for a Submission if it determines that it is warranted by the circumstances. Writer can refuse such a partial payment based on a rejected Submission by notifying Scripted in writing within 5 days of such a rejection.
Scripted shall not be obligated to reimburse Writer for any expenses incurred while engaged in the performance of Services under this Agreement. Writer shall be solely responsible for all such expenses, including, but not limited to, the cost of equipment, materials, training, licenses, and insurance. Writer agrees that Writer will not hold himself, herself or itself out as being an employee of Scripted or its clients or buyers to any third party, including, but not limited to, any state unemployment agency.
Writer agrees that he, she or it is an independent contractor with respect to all Services provided pursuant to this Agreement. Either party has the right to terminate the Writer Contract in connection with a Job immediately in the event that the other party has materially breached the Writer Contract and fails to cure such breach within fifteen 15 days of receipt of notice sent by the non-breaching party, setting forth in reasonable detail the nature of the breach.
In addition to the provisions of the Terms of Service that will survive, the following provisions will survive termination of the Writer Contract: This Arbitration Agreement is governed by the Federal Arbitration Act, and Writer acknowledges that this Agreement evidences a transaction in commerce.
Included within the scope of this Arbitration Agreement are all disputes, whether based on tort, contract, statute including, but not limited to, any claims of discrimination and harassment, whether they be based on the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of , as amended, or any other state or federal law or regulation , equitable law, or otherwise excluding workers compensation, state disability insurance and unemployment insurance claims.
Claims may be brought before an administrative agency but only to the extent applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.
Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission, the U. Disputes that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act Public Law are excluded from the coverage of this Agreement.
If Writer no longer resides in the general geographical vicinity where Writer last provided contract services for Scripted, the parties shall agree to a location of the arbitration within 45 miles of where the Writer resides. Claims in arbitration must be brought within the applicable statute of limitations period.
Construction, photography, writing, and more: no matter your industry, we have the service contracts you need to get paid.
Putting your agreements in writing helps keep your business relationships in good standing. A General Contract for Services is a useful tool whether you provide services for someone else or they provide them for you.
A service agreement, such as when hiring a graphic designer, is something you should put in writing. Written contracts make it easier to take legal recourse should the relationship go awry. This Writer Services Agreement is part of the Writer Contract (defined below) between the Writer and Scripted Inc. (“Scripted”), effective upon Writer’s acceptance of .
Includes contracts for household- and professional services, real estate and rentals, sales contracts, and more. sample contract templates you can view, download and print for free. There are contracts and agreements for many home and business arrangements, including home maintenance services, modeling and photography contracts. FEDERAL RESUME WRITING SERVICE AGREEMENT (Version 2 – Effective August 8, ) IMPORTANT: PLEASE READ THE FOLLOWING CAREFULLY BEFORE CONTINUING. Before ordering any of our products and/or services, you will be required to accept the terms of this Agreement. By signing below, you agree that the terms and .