A fair and balanced contract to used for freelancers working on a project basis.
Developmunk (from here on Consulant), registered under the laws of Denmark with corporate registration number DK-34968829 with registedered address: Skoleholdervej 53, 2.tv. 2500 Købehavn NV DENMARK
Developmunk (from here on Client), registered under the laws of Denmark with corporate registration number DK-34968829 with registedered address: Skoleholdervej 53, 2.tv. 2500 Købehavn NV DENMARK
This Agreement commences on the date of Agreement specified above and will remain in force unless or until terminated by either Party giving at least thirty (30) days notice of termination to the other Party, and otherwise subject to the termination provisions in this Agreement.
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The Consultant agrees to provide—and the Client agrees to take and pay—for the services under this Agreement.
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This Agreement is not an exclusive arrangement, and subject to the Constultan's obligations in this Agreement, including but not limited to the obligation to avoid any conflicts of interest, nothing in this Agreement will operate to prevent the Consultant from engaging in other professional activities.
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The Client acknowledges that times scheduled are estimates only of the amount of time required by the Client for the provision of the services under this Agreement, and the Client will be invoiced for the actual time spent by the Consultant in providing the services to the Client.
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The Consultant is authorised to have access to the proper material to the extent to which this is necessary for the performance of the services under this Agreement.
The Consultant undertakes:
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to apply reasonable professional skill, care and expertise to the performance of the services in accordance with the terms of this Agreement,
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to provide suitably qualified personnel to carry out the services and related tasks (including attendances at meetings and travel),
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to provide the services in a timely and efficient manner and to a professional standard and which will conform to the standards generally observed in the industry for similar services, and to co-operate with employees and other independent consultants where this is necessary for the performance of the services,
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to provide adequate office accommodation, a secure work space, telephone services and other facilities, and
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[optional] to keep a valid liability insurance policy.
The Client undertakes:
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to pay for the services under this Agreement together with associated reasonable expenses under the terms of this Agreement,
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to provide the Consultant promptly with all necessary information, support and co-operation that may reasonably be required to enable the Consultant to carry out its obligations under this Agreement,
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to furnish the Consultant promptly with such information and documents as the Consultant may reasonably request for the proper performance of its obligations under this Agreement.
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If compliance with the Client's designs, specifications or instructions results in the Consultant being subject to any claim for infringement of any proprietary rights or any third party rights, the Client will indemnify the Consultant against any claims, demands, damages, costs and expenses made against or suffered by the Consultant as a result of any such claim or action.
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The Consultant acknowledges that all proprietary rights, including IP rights in project results relating to them will at all times and for all purposes vest and remain vested in the Client. Notwithstanding the foregoing, all proprietary rights which the Consultant might otherwise acquire as a result of its performance of the services are hereby irrevocably assigned to the Client.
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At the request and expense of the Client, and as required, the Consultant will do all such things including signing all documents or other instruments reasonably necessary in the opinion of the Client to confirm or vest in the Client the rights assigned or otherwise transferred to the Client under this Agreement.
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Upon request by the Client, and in any event upon the expiry or termination of this Agreement, the Consultant will promptly deliver to the Client all copies of project results relating to the Project then in the Consultant's possession.
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Subject to the obligation of confidentiality in Clause 8, the Consultant will be fully entitled to use in any way it deems fit any skills, techniques or know-how acquired, developed or used in the course of performing the services, and any improvements to the Consultant's services or products made or developed during the course of the services will belong exclusively to the Consultant.
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[Price. Fixed, hour based, goal based.]
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All fees will be payable to the Consultant without deductions of any kind. The Consultant is responsible for arranging its own tax affairs in an appropriate manner and for accounting to the appropriate authorities.
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All fees payable by the Client will be paid within [X] days of the receipt by the Client of the Consultant's invoice for such fees. [Together with the invoice, the Consultant shall provide the Client with a time report of the previous month.]
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Payments which are not received when payable will be considered overdue and remain payable by the Client together with interest for late payment from the date payable at a rate of [2% pro anno] applicable as well after as before any judgment. This interest will accrue on a daily basis and be payable on demand.
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Notwithstanding the above provision for late payment, in this event the Consultant may at its option, and without prejudice to any other remedy at any time after payment has become due, terminate or temporarily suspend performance of this Agreement.
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If the Consultant becomes entitled to terminate this Agreement for any reason, any sums then due to the Consultant will immediately become payable in full.