has been different requiring me to pull together different groups of subcontractors for those parts of the project that I don’t do myself, sometimes a real logistical nightmare for a small business owner.......with this new product, I was able to put together a professional proposal in 1/2 the time."
EMPLOYEE COPYRIGHT AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter called Employer and contract first name contract last name an individual hereinafter called Employee on the date indicated below as the effective date of this Agreement. Agreements In consideration of the mutual covenants set forth in this Agreement Employer and Employee hereby agree as follows. 1. Employers Ownership of Creative Works. All creative works produced by Employee during his her employment and which relate to Employers business or technology Work Product shall be considered to have been prepared for Employer as part of and in the course of employment. Employer shall own any such work regardless of whether it would otherwise be considered work made for hire. Work Product shall include among other things computer programs and documentation non dramatic library works e. g. professional papers and journal articles code systems visual arts e. g. pictorial graphic and three dimensional sound recordings motion pictures and other audiovisual works. 2. Conditional Assignment. Employer shall have full ownership of creative works produced by Employee during my employment with no rights of ownership vested in Employee. Employee hereby agrees that in the event any Work Product is determined by court of competent jurisdiction not to be work for hire under the federal copyright laws this Agreement shall operate as an irrevocable assignment by Employee to Employer of the copyright in the works including all rights thereunder in perpetuity. Employee hereby irrevocably assigns conveys and otherwise transfers to Employer and its respective successors and assigns all rights title and interests worldwide in and to the Work Product and all copyrights contract and licensing rights and claims and causes of action of any kind with respect to any of the foregoing whether now known or hereafter to become known. In the event Employee has any rights in and to the Work Product that cannot be assigned to Employer Employee hereby unconditionally and irrevocably waives the enforcement of all such rights and all claims and causes of action of any kind with respect to any of the foregoing against Employer its distributors and customers whether now known or hereafter to become known and agrees at the request and expense of Employer and its respective successors and assigns to consent to and join in any action to enforce such rights and to procure waiver of such rights from the holders of such rights. In the event Employee has any rights in and to the Work Product that cannot be assigned to Employer and cannot be waived Employee hereby grants to Employer and its respective successors and assigns an exclusive worldwide royalty free license during the term of the rights to reproduce distribute modify publicly perform and publicly display with the right to sub license through multiple tiers of sub licenses and the right to assign such rights in and to the Work Product including without limitation the right to use in any way whatsoever the Work Product. Employee retains no rights to use the Work Product and agrees not to challenge the validity of the copyright ownership by Employer in the Work Product. 3. Disclosure and Assignment of Work Product.
Employee shall communicate to Employer promptly and fully in writing in such format as Employer may deem appropriate all Work Product made or conceived by Employee whether alone or jointly with others and as requested to assign to Employer any Work Product which relates to field of business research or investigation in which Employer has an interest or results from or are suggested by any work done for or on behalf of Employer. 4. Records. Employee shall make and maintain adequate permanent records of the development of Work Product in the form of memoranda notebook entries drawings printouts or reports relating thereto in keeping with Employers procedures. Such records as well as the Work Product themselves shall be and remain the property of Employer at all times. 5. Warranty Regarding. Originality Employee represents and warrants that his or her Work Product is original and does not infringe the rights of any other work. Employee shall not disclose to Employer or any other employee of Employer any information as to which Employee owes continuing obligation of confidentiality to previous employer or client. 6. Power of Attorney.
Employee shall cooperate with and assist Employer and its nominees at their sole expense during my employment and thereafter in securing and protecting copyright or other similar rights in the United States and foreign countries in Work Product. Employee agrees to execute all papers which Employer deems necessary to protect its interests including the execution of assignments of copyrights and to give evidence and testimony as may be necessary to secure and enforce Employers rights. In the event that Employee is unable for any reason whatsoever to secure Employees signature to any lawful and necessary document required to apply for or execute any copyright or other applications with respect to any Work Product Employee hereby irrevocably designates and appoints Employer and its duly authorized officers and agents as his or her agents and attorneys in fact to act for and in his behalf and instead of Employee to execute and file any such application and to do all other lawfully permitted acts to further the prosecution and issuance of copyrights or other similar rights thereon with the same legal force and effect as if executed by Employee. 7. Termination of Employment. Upon termination of his or her employment Employee shall deliver to Employer all records data and memoranda of any nature in that are in Employees possession or control and which relate to employment or activities of Employer including for example notebooks diaries reports photographs films manuals and computer software media. 8. Pre Employment Activities. Employee will not disclose to company name or to any other employee of company name any information or creative works as to which Employee owes continuing obligation of confidentiality to previous employer or client. Any inventions patented or unpatented which were made or conceived by Employee prior to his or her employment are excluded from the operation of this Agreement. Employee warrants that there are no such creative works other than those listed by Employee in the attached addendum marked as Exhibit C. 9. No Employment Contract. Nothing in this Agreement shall bind Employer or Employee to any specific period of service or employment nor shall the termination of such employment in any way affect the obligations assumed by Employee hereunder. Further this Agreement supersedes any and all prior agreements or understandings between the parties concerning these subjects. 10. Binding Effect.
Successors and Assigns This Agreement shall bind the heirs executors and administrators of Employee and shall inure to the benefit of the successors and assigns of Employer. 11. Jurisdiction General. This Agreement is effective as of the date indicated in this paragraph and it will be governed by and construed in accordance with the laws of the country of state or province. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. company name
By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed EMPLOYEE By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Employer Initials Employee Initials
company name EMPLOYMENT CONTRACT Name. contract first name contract last name Start Date. current date Job Job title of signator authorized signature or signer. contract job title Interim Pay. Insert Interim Pay Amount Pay. Insert Pay Classification Salary Hourly Classified * Insert Job Pay Term #1 * Insert Job Pay Term #2
Pay Periods. Insert Job Pay Periods * Insert Reimbursement or Expense Term #1 * Insert Job Payment Additional Terms Draw Policy. Insert Job Pay Draw Policy Bonuses.
* Insert Job Bonuses Term #1 * Insert Job Bonuses Term #2 Probation Period. Thirty Sixty Ninety days Hours. Business hours are Monday through Friday 6. AM to 5. PM including one hour for lunch. It is understood that employees hours per day or week will be flexible. Employee is not required to be at the office during this time except for mandatory meetings or other prearranged events. Holidays. There will be Insert Number of Paid Holidays holidays per year as follows. Insert Listed Paid Holiday Days Benefits. Insert Description of Job Benefits Personal Time. Insert Personal Time Policy Here Mileage. Mileage reimbursement will be made for mileage directly associated with visiting customers and potential customers at the rate of Insert Job Driving Mileage Rate per mile. Proof of mileage must be maintained showing date mileage and the customer who was visited. Insert Additional Terms for Mileage Reimbursement I hereby accept the employment offer as outlined above.
Signature of Person Accepting Offer Date Printed Name Signature of company name Representative Date Printed Name
GIVING NOTICE OF BREACH OF AGREEMENT DEMANDING CORRECTIVE ACTION current date company name address address
city state or province zip or postal code Phone phone number Fax fax number Re. Our Agreement Dear salutation last name The purpose of this letter is to give formal notice of your breach of our Agreement Insert the title of the contract or agreement which was breached dated start date. Specifically you are in breach of paragraph Insert Paragraph Breached here of the Agreement which provides that Insert description of what was breached Please be advised that if Insert corrective action that must be done will have no choice but to refer this matter to legal counsel for appropriate action.
Thank you in advance for your immediate attention to this matter. Sincerely first name last name job title
PROJECT CANCELLATION AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Consultants and company name Customer Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Consultants hereby agree to cancel any and all work projects or labor as follows. 1. Cancellation of Services. Consultants shall cease any and all computer consulting services described below the Services or Work Product as well as any additional services that Customer has requested. Services include but are not limited to. a Enter Service or Work Product Description here
b Enter Service or Work Product Description here c Enter Service or Work Product Description here d Enter Service or Work Product Description here 2. Termination Obligations. Upon termination of this Agreement Consultants shall transfer and make available to Customer all property and materials in Consultants possession or subject to Consultants control that are the rightful property of Customer. The Consultant shall make every reasonable effort to secure all written or descriptive matter which pertains to the Services or Work Product and agrees to provide reasonable cooperation to arrange for the transfer of all property contracts agreements supplies and other third party interests including those not then utilized and all rights and claims thereto and therein. In the event of loss or destruction of any such material or descriptive matter Consultants shall immediately notify Customer of the details of the loss or destruction in writing and provide the necessary information for loss statement or other documentation to Customer. 3. Ownership Rights. The Consultant shall have ownership to all Consultants Materials. Consultants Material consists of all copyrightable. a Materials that do not constitute Services or Work Product as defined in Sect Services and Exhibit Specifications
b Materials that are solely owned by Consultants or licensed to Consultants. c Materials that are incorporated into the Work Product or part of the Services. Additional material shall include but are not limited to. Insert details about additional material here. Consultant shall hold all right title and interest in and to Consultants Material. Customer shall not do anything that may infringe upon or in any way undermine Consultants right title and interest in the Consultants Material as described in this paragraph 4. Notwithstanding the above Consultant hereby grants Customer an unrestricted nonexclusive perpetual fully paid up worldwide license for the use or for the sublicense of the use of Consultants Material for the purpose of
Insert purpose materials will be used for here. 4. Outstanding Final Compensation and Hold Harmless Agreements. For all of Consultants services rendered to Customer under any Previous Agreement Customer shall compensate Consultants in cash pursuant to the terms of Exhibit attached hereto. By accepting the terms of this offer and signing in the space provided below you hereby release and forever discharge and hold Customer its successors employers employees agents officers directors shareholders affiliates and insurers harmless of all claims suits or liability directly or indirectly related to your employment retainment of services or the termination of such services and specifically and without limitation any claims to pay in lieu of notice wrongful dismissal severance vacation bonus or overtime pay. This release includes but is not limited to all contract and tort claims between Customer and Consultants concerning Customers right to terminate its employees contractors and vendor agreements and claims or rights under local state and federal laws prohibiting employment discrimination. By signing below you agree that these terms represent full and final settlement of any and all claims you have arising out of your employment or contract employment by Customer. 5. Mutual Confidentiality. Customer and Consultants acknowledge and agree that the Specifications and all other documents and information related to the performance production creation or any expression of the services or work product are the property of Customer. Materials provided between Consultants and Customer the Confidential Information including but not limited to documentation product specifications drawings pictures photographs charts correspondence supplier lists financial reports analyses and other furnished property shall be the exclusive property of the respected owner the Owning Party and will constitute valuable trade secrets. Both parties shall continue to keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without prior written consent from the owning party disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public or had been previously made available by the owning party in public venue. 6. Equipment and Expenses. If Customer has made available to Consultants for Consultants use in performing the services for Customer such items of hardware and software as Customer and Consultants may agree are reasonably necessary for such purpose Consultants are obligated to return all Customer property currently in their possession at time and place of Customers choice. The following equipment and or services have been made available to Consultants and are hereby required to be return to Customer.
a Insert Equipment or Services description here b Insert Equipment or Services description here c Insert Equipment or Services description here 7. Expenses. Consultants will not be reimbursed for any expenses incurred in connection with the Services or Work Product whether direct or indirect without the express written approval of Customer. 8. General Provisions. 8 Entire Agreement. 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 of the parties hereto. 8 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Consultants and their respective successors and assigns provided that Consultants may not assign any of his obligations under this Agreement without Customers prior written consent. 8 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 8 Good Faith. 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. 8 No Right to Assign. Consultants have no right to assign sell modify or otherwise alter this Agreement except upon the express written advance approval of Customer which consent can be withheld for any reason. Customer may freely assign its rights and obligations under this Agreement.
8 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Consultant Initials
SPAM UNSOLICITED COMMERCIAL EMAIL UCE POLICY The purpose of this document hereafter referred to as the Spam UCE Policy is to set forth company names rules and restrictions governing Unsolicited Commercial Email Unsolicited Bulk Email UBE and or Spam as set forth by the definitions below. Company maintains zero tolerance policy regarding Spam UCE and monitors all activity conducted on Company servers mail services applications and other resources. Any customers found to be using Company resources to engage in sending Spam UCE shall have their access or account immediately terminated. Policy Agreements 1. Definitions. For consideration Company defines the following terms. a Definition of Spam Unsolicited Commercial Email UCE. Spam is unsolicited email sent to recipients who have neither requested such information or with whom no pre existing business relationship exists. For the purpose of this policy the terms Unsolicited Commercial Email UCE and Unsolicited Bulk Email UBE shall be interchangeable. b Definition of Commercial Email. Commercial Email Legitimate Commercial Email is email sent to recipients who have requested such information Consent or Opt in or with whom pre existing business relationship exists.
c Definition of Intentional Spam UCE. Intentional Spam UCE is electronic email sent from computer in which the computer owner willfully and knowingly engages in the direct sending of Spam UCE from one or more accounts or computers. Intentional Spam UCE carries an immediate suspension of all access and privileges provided by Company and may result in criminal or civil prosecution under the law. d Definition of Unintentional Spam UCE. Unintentional Spam UCE is electronic email sent from computer in which the computer owner neither intends nor willingly knows that they are sending out Spam UCE. In most cases this is due to the computer being infected with virus or the machine becoming zombie and sending out email on behalf of spammer and no longer under the computer owners direct control. Unintentional Spam UCE may carry an immediate suspension of all access and privileges provided by Company in order to safeguard systems and services; however it will not result in criminal or civil prosecution by Company. Instead Company will try to work with computer owner to bring about resolution to the sending of Unintentional Spam UCE by the computer owner. e Definition of Pre existing Business Relationship. A pre existing business relationship is one where the recipient has made either purchase or request for information; responded to direct mail piece contest entry survey or questionnaire; or had some sort of offline contact with your business or staff. Definition of Consent. Consent Informed Consent is defined as verifiable notification by your recipient that the collection and use of their email address is agreeable and the recipient has consented prior to such collection and use. 2. Federal Anti Spam law Can Spam Law.
Company adheres to the laws and provisions of the CAN SPAM Act of which states. All commercial emails must now contain. * proper header routing and subject line information; * the physical address of the company doing the mailing; * proper label for adult content*; and * an opt out mechanism. The content is exempt if it consists of.
* religious messages; * content that broadly complies with the marketing mechanisms specified in the law; or * national security messages. If recipient chooses to opt out the sender has ten days to cease sending commercial email to the recipient or risk further emails to the recipient being label as Spam UCE under the law. The sender is not required to remove the address from the senders list or database under this law but just has to cease and desist sending any and all commercial email to the recipient. The CAN SPAM Act also restricts the sale or other transfer of an email address after recipient has made an opt out request. The requirement under this law is that the sender must be able to process opt out requests for at least days. Further under the CAN SPAM Act of use of any automated means to register for multiple email accounts from which to send Spam UCE further compounds and constitutes additional violations. A full copy of the CAN SPAM Act is available on the FTC web site at. http. frwebgate. access. gpo. gov cgi bin getdoc. cgi. dbname=108 cong public laws & docid=f. publ187. 108. pdf The new federal anti Spam law went into effect on January 1st and preempts all state laws. The penalties can include fines and or imprisonment for up to five years.
3. Excessive Use of Services. Company may impose an additional charge or restriction of services at any time that Customers use of any Email Hosting or ISP Services imposes considerable effect on Company resources or system performance. Company shall have sole discretion as to what constitutes excessive use and what activity is considered violation of either the Company Acceptable Use Policy or level of service that the Customer is currently using. Company is responsible for monitoring such excessive use for the account as whole and has no responsibility for identifying customers individual end user employee or other agent who may or may not be responsible for the excessive use of services. This includes the sending or receiving of Unintentional Spam as defined in Section of this policy. 4. Additional Policies Regarding Email. The following email practices or activities are also prohibited by Company and may result in termination and or criminal or civil prosecution. Activities include.
a Harassment via Email This is defined as sending email with content that is generally perceived as physically threatening or harassing the intended recipient. b Letter Bombing This is defined as sending email with content or attachments that could harm the intended recipients computer or damage Company network or services. c Mail Bombing This is defined as purposefully sending an unreasonably large number of emails to single recipient network system or other destination for the purpose of disrupting harassing or otherwise trying to damage the recipient in some manner. d SPAMvertising This is defined as engaging third party company or agent to send UCE to recipients as defined above that contains direct or indirect links to web site owned or operated by Customer. SPAMvertising also includes the use of third party email accounts or services not hosted or controlled by Company that send UCE on behalf of Customer. Company takes all SPAMvertising complaints seriously and will investigate these claims to the fullest extent of its ability. Customers are encouraged to review our policies governing such activity and contact their Company account representative PRIOR to engaging in such activity in order to avoid potential problems with regulatory agencies.
5. Email Content Spam Content UCE Content and Censorship. Company will exercise no control whatsoever over the content of the information passing through the network email Spam UCE or otherwise or web site and takes no responsibility for the suitability or legality of any content passing through its network or Customers accounts. 6. Warranties Interruption of Service due to Spam UCE. Company makes no warranties or representations of any kind whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer including loss of data resulting from delays blacklists non deliveries or service interruptions by any cause or errors or omissions of Customer due to Spam UCE complaints the investigation thereof or any delays resulting from any third party action or activity. Use of any information or service obtained by way of Company is at Customers own risk. Company expressly limits its damages to Customer for any non accessibility time or other down time to the pro rata monthly charge during the system unavailability due to Spam or investigations into allegations of Spam UCE. Company specifically denies any responsibilities for any damages arising as consequence of such unavailability. 6 Shared Email Hosting Disclaimer. Company is not responsible for the actions of other customers it may place on the Shared Email Hosting Server or any other resource that the Customer may use. Company will make every effort to ensure that all customers abide by the Company Acceptable Use Policy AUP and Spam UCE policy and will periodically review Customer activity to ensure compliance with all Company policies. Company is not responsible for any blacklisting of Customers IP or domain by any third party or resource that the Company does not have direct control over. 6 Antivirus Trojan and Malicious Code Disclaimer. Company email servers make use of enterprise class antivirus software to protect the server and detect virus infected email messages. Infected email messages will be handled per Company policy and preferences prior to the Customer receiving the messages. Additional antivirus options are available and the Customer may configure these options for inbound and outbound email antivirus scanning in their Email Hosting Control Panel. Due to the nature of virus Trojan and other malicious code dangers Company makes no warranty that these features will detect delete or otherwise protect Customer from these dangers. Customer is responsible for implementing its own internal policies and procedures for opening potentially dangerous attachments and is encouraged to install antivirus software on all access points or computers using Company Email Hosting Services.
7. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provisions of this Spam UCE Agreement or the Acceptable Use Policy upon receipt of written notice from Company of said failure appointment of Receiver or upon the filing of any application by Customer seeking relief from creditors or upon mutual agreement in writing of Company and Customer. 7. 1. Account Deactivation Termination or Cancellation. Upon account deactivation termination or deletion all stored files logs email messages attachments address book entries mailing lists or other data stored on Company servers will be immediately deleted. Company has no obligation or responsibility to store Customers data after Customers account has been deactivated or terminated. 8. Disputes.
If legal proceedings are commenced to resolve dispute arising out of or relating to this Agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. 9. Indemnification. Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from the use of Company services or in connection with Customers marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Customer. 10. General. It is the Customers responsibility to prevent the sending of Spam UCE at all times. At no time does Company accept responsibility for Customers action regarding Spam UCE whether direct or indirect; intentional or unintentional; and Customer bears the responsibility to resolve all Spam UCE complaints in timely and complete manner. Any questions concerning this policy can be directed to. company name e mail address
phone number Updated. current date * NOTE Adult oriented email must now bear the subject line label of SEXUALLY EXPLICIT. This label supersedes and replaces the state labeling requirements of ADLT V. ADLT or ADLT under Federal law.