SOFTWARE DEVELOPMENT AGREEMENT.
This Software Development Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between Software & Creatives KG, KroisbachstraBe 20, 3340 Waidhofen an der Ybbs Austria +43 681 10513298 (hereinafter referred to as the “Company”), and ___________, Contact Info: _____________ (herein referred to as the “Freelancer”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
The initial term of this Agreement shall be for a period _____ [Days/Weeks/Months], commencing on the Effective Date herein.
- The Company is hiring the Freelancer to provide the following web development services;
- The Freelancer shall work with integrity in handling the information and data provided by the Company and in accordance with the European GDPR. The Freelancer shall ensure safe storage of data in compliance with GDPR requirements and shall delete the data promptly upon completion of the project and transfer to the Company.
The Company shall pay Freelancer ________ Eiros for the services covered under this Agreement. Payment shall be made by ☐Cash ☐Venmo ☐PayPal
- PROPRIETARY RIGHTS.
- The Freelancer understands and agrees that upon completion of the project and payment, they shall transfer and forfeit all and any proprietary rights over the work they produce under this Agreement. The Company shall own all proprietary rights including but not limited to intellectual rights over the finished product. The Company shall use, reuse, launch, alter and sell the final product as they see fit. The Freelancer forfeits all their rights, legal, commercial or any other form over the product and waive and/or forfeits their right to sue over the use of the products.
- The Freelancer represents and warrants that;
- The Freelancer is the owner of the entire right, title and interest in and to any works covered therein.
- The Freelancer has the sole right and authority to enter into the Agreement and grant the rights hereunder.
- The Freelancer has not previously granted any rights or licenses in or to the works covered herein.
- Unless approved by the Company in writing, the Freelancer shall not incorporate any intellectual property belonging to the Freelancer or third parties into any works covered herein.
- The Freelancer is in compliance with all GDPR laws, regulations and requirements applicable herein and shall perform the services covered without violation of the foregoing.
- The Freelancer is qualified to perform the services covered herein.
- The Freelancer hereby grants the Company an irrevocable, perpetual, sub licensable, world-wide, royalty free license to use, sale, publish, and share such inventions for commercial purposes.
- The Company shall not be held responsible for any proprietary issues including but not limited to copyright infringement resulting from the use of the products/material provided by the Freelancer under this Agreement. The Freelancer shall defend and indemnify the Company against any such issues.
- In the event that there is a third party claim over the works covered under this Agreement, the Freelancer shall promptly refund all amounts paid for services.
- INDEPENDENT CONTRACTOR.
The Freelancer shall be retained as an independent contractor. The Freelancer shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. The Company shall not withhold or pay any income tax, social security tax, or any other payroll taxes on the Freelancer’s behalf during the term of this Agreement.
The failure on the part of the Freelancer to perform their obligation under this contract will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The Freelancer shall inform the Company of such inconveniences promptly.
The Parties acknowledge that either Party can terminate/cancel this Agreement by providing that a ___ day written Notice on the same. The Freelancer can terminate/cancel this Agreement at any time if the Company fails to pay the agreed amount.
- GENERAL PROVISION, GOVERNING LAW AND JURISDICTION.
- This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- This Agreement shall be governed by and construed in accordance with the laws of the Austria. Exclusive jurisdiction and venue shall be in Landesgericht St. Polten, Austria.
- This Agreement shall be binding upon and inure to the benefit of the Company and the Freelancer and their respective successors and assigns, provided that the Freelancer may not assign any of their obligations under this Agreement without the Company prior written consent.
- Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: _____________ _________________________ ___________
(SIGNATURE) (NAME) (DATE)
FREELANCER: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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