along with a contract goes to show your professional standards and it is the only way for all parties to come to an agreement about the project. For a long time I’ve been searching for a package out there that would offer me both the professional look and flexibility I deserved. Proposal Kit reaches and exceeds my expectations with a solid suite of products that helped my business grow."
USED EQUIPMENT TERMS AND CONDITIONS Read this document carefully. It contains important information about your rights and obligations as well as limitations and exclusions that may apply to you. This Agreement contains the terms and conditions between company name Buyer and company name Seller that apply to the following purchase of used equipment the equipment Insert used equipment purchase here. For valuable consideration received Seller hereby transfers all right and ownership in the equipment to the Buyer as of current date. By accepting delivery of the used equipment other products and or services and support described on the bill of sale Buyer agrees to be bound by and accepts these terms and conditions. 1 The condition of the used equipment is sold as is and seller makes no warranties express or implied as to the merchantability or fitness of the equipment for any particular purpose or use or otherwise.
2 Under no circumstances shall the Seller be held liable to Buyer or any other party for any direct or indirect incidental or consequential or any other special damages arising out of or related to this Agreement or the equipment. 3 This Agreement constitutes the entire agreement between Buyer and Seller with respect to the equipment and supersedes all prior oral and written agreements or representations and understandings between the Buyer and Seller concerning the equipment. This agreement may not be modified except by an agreement in writing and signed by both parties. 4 This Agreement and any disputes arising hereunder shall be governed by the laws of state or province State. failure by any party to exercise or delay in exercising right or power conferred upon it in this agreement shall not operate as waiver of any such right or power. 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
SYNDICATION AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Syndicatee The purpose of this Agreement hereafter referred to as the Agreement is to define long term contract arrangement under which Syndicatee will provide Syndication services on behalf of Company. As service the standard Syndication agreement with Company is provided below. 1. Definitions.
Content shall mean all code that Company makes available to Syndicatee under this Agreement. Content includes but is not limited to. computer source code text articles utilities graphics logos and all other content made available or directly provided to Syndicatee by Company. Company Branding shall mean all logos graphics and content provided to Syndicatee that contains Company Trademarks Servicemarks or other content that cannot be edited or altered in any format by Syndicatee. 2. Grant of Rights. Subject to the terms and conditions of this Agreement Company grants Syndicatee non exclusive right to display on its web site all content made available to Syndicatee by Company. 3. Representation. Syndicatee shall maintain sales office for product promotion and is responsible for all costs incurred for the promotion and sale of Company products and services. Syndicatee shall conduct business in its own name and shall not represent itself as an employee or agent of Company. Prospects may be registered with Company and will be protected for days. This protection may be renewed at Companys discretion for further days.
4. Restrictions. End user pricing and Syndicatee compensation are outlined in Exhibit attached and are subject to change at the sole discretion of Company. 5. Compensation. Terms of payment are C. O. D. unless credit approval has been granted by Company. If credit approval has been granted credit terms are net days upon receipt of invoice. Company reserves the right to revoke any credit extended if payment is in arrears or delinquent for more than days. 6. Nondisclosure.
Proprietary information exchanged hereforth shall be treated as such by Syndicatee and held in the strictest of confidence. This information shall include but is not limited to the provisions outlined in this Agreement product and services information pricing source code company practices methodology and procedures. Syndicatee further agrees not to edit alter distribute decompose disassemble decode or reverse engineer any Company content delivered to Syndicatee or any portion thereof without prior written approval of Company. 7. Transfer of Rights. Syndicatee may not assign or transfer this Agreement in whole or in part without the prior written consent of Company. Syndicatee may not sublicense any of the content to any third party unless otherwise agreed upon in writing by Company. Examples of improper sublicensing include but are not limited to. contractors affiliates partners web site visitors or any other third party to whom Syndicatee transfers or allows the transfer of Company content. In the event that Syndicatee contemplates whole or partial sale of its business ownership change or change in its jurisdiction Syndicatee shall notify Company by email facsimile or email no less than sixty days prior to the effective date of the event. 8. Term of Agreement. The term of this Agreement is twelve months from the date of execution by Company. This Agreement shall be continuously renewed every twelve months unless Syndicatee notifies Company in writing thirty days prior to the expiration date. 9. 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 the Agreement upon receipt of written notice from Company of said failure appointment of Receiver or upon the filing of any application by Syndicatee seeking relief from creditors upon mutual agreement in writing by Company and Syndicatee.
10. 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. 11. Indemnification. Syndicatee 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 or in connection with Syndicatees 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 Syndicatee. 12. Limited Warranty. Companys only responsibility to Syndicatee concerning content tolls utilities or other materials made available under this Agreement will be to use reasonable efforts consistent with industry standards to cure any defects errors or omissions brought to Companys attention.
13. Force Majeure. Neither party shall be held responsible for delay or failure in performance hereunder caused by acts of nature strikes embargoes fires war or other causes beyond their reasonable control. 14. Binding Effect. If any provision of this Agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This agreement and any disputes arising hereunder shall be governed by the laws of state or province state without regard to conflicts of law principles. failure by any party to exercise or delay in exercising right or power conferred upon it in this Agreement shall not operate as waiver of any such right or power. The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures 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 Syndicatee Initials Company Initials
WRITERS COPYRIGHT DEVELOPMENT AND TRANSFER AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Publishers and contract first name contract last name Writer Agreements IN CONSIDERATION of the promises and mutual covenants and agreements set forth herein the parties agree as follows. 1. Engagement of Services. Writer agrees to perform the following services for Publisher in the following manner. a Writer shall author or edit and submit to Publisher written articles columns questions and answers resource listings checklists and forms as may be requested dealing with Insert Issues Writer is Dealing With issues pertaining to Insert Title of the Project the Work Product Publisher shall provide Writer with resource materials and the theme target audience and suggested issues and sub issues to be addressed. Unless specified otherwise the Work Product shall be prepared in accordance with the written guidelines of Publisher and formatted in 12pt. Arial single spaced. b Unless otherwise agreed articles shall be Insert Page Length of Project pages in length as is necessary to address key issue of the topic the article. Writer is responsible for the factual correctness of the information contained in the articles.
c The Articles shall be the original work of Writer and shall not infringe upon the copyrights of others. Writer agrees to perform the services in professional manner to complete each article within one week and to make any revisions or changes requested by Publisher in accordance with Section 2. 1. When necessary Writer may request an extension of time beyond one week either orally or in writing. Email transmission of written request will be acceptable. d Writer may not subcontract or otherwise delegate their obligations under this Agreement without Publishers prior written consent. e Writer has the right to refuse any and all assignments. f Writer will submit authored and edited Work Product to Publisher via email and will converse via email telephonically or in person as necessary regarding the same. 2. Compensation. 2 Fees and Approved Expenses. Publisher will pay Writer the fee of fixed rate per page for main body of original written text questions and answers columns and checklists. Writer will not be reimbursed for any expenses incurred in connection with the performance of services under this Agreement unless Publisher approves those expenses in advance and in writing.
2 Payment Due. Publisher will review the Work Product within five business days after receiving it from Writer to ensure that it meets the requirements stated in Section 1. If Publisher does not give written notice of rejection or requests for modification within that time period the Work Product will be deemed accepted. Publisher will pay Writer for the services and will reimburse Writer for previously approved expenses within ten business days of acceptance. 3. Independent Contractor Relationship. Publisher and Writer understand acknowledge and agree that Writers relationship with Publisher will be that of an independent contractor and nothing in this Agreement is intended to or should be construed to create partnership joint venture or employment relationship. 4. Trade Secrets and Confidential Information.
4 Third Party Information. Writer represents that their performance of all of the terms of this Agreement does not and will not breach any agreement to keep in confidence proprietary information knowledge or data of third party and Writer will not knowingly disclose to Publisher or induce Publisher to use any confidential or proprietary information belonging to third parties unless such use or disclosure is authorized in writing by such owners. 4 Confidential Information. Writer agrees during the term of this Agreement and thereafter to take all steps reasonably necessary to hold in trust and confidence information which they know or has reason to know is considered confidential by Publisher Confidential Information Writer agrees to use the Confidential Information solely to perform the projects hereunder. Confidential Information includes but is not limited to technical and business information relating to Publishers products research and development processes and future business plans. Writers obligations with respect to the Confidential Information also extend to any third partys proprietary or confidential information disclosed to Writer in the course of providing services to Publisher. This obligation shall not extend to any information that becomes generally known to the public without breach of this Agreement. This obligation shall survive the termination of this Agreement. 5. Ownership of Work Product. 5 Definition.
Work Product means the works of authorship conceived or developed by Writer while performing the project services under this Agreement and prior works described in Section of this Agreement. 5 Assignment. Writer hereby irrevocably assigns conveys and otherwise transfers to Publisher 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 Writer has any rights in and to the Work Product that cannot be assigned to Publisher Writer 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 Publisher its distributors and customers whether now known or hereafter to become known and agrees at the request and expense of Publisher 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 Writer has any rights in and to the Work Product that cannot be assigned to Publisher and cannot be waived Writer hereby grants to Publisher 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. Writer retains no rights to use the Work Product except as stated in Exhibit and agrees not to challenge the validity of the copyright ownership by Publisher in the Work Product. 5 Name Recognition. Writer shall receive Name Recognition as author on all articles and columns. Recognition will be clear and conspicuous. In the event that Publisher assigns or licenses said articles or columns to any third party ies Publisher will use their best efforts to ensure Writer receives proper Name Recognition. In all circumstances proper Name Recognition is considered as follows.
Insert the writers copyright to be included in the project. 5 Creative License. Writer shall have final review of their Work Product before publishing. If Writer finds the finished Work Product to be unsatisfactory Writer may choose not to receive Name Recognition in accordance with Section 5. 3. 5 Power of Attorney. Writer agrees to assist Publisher in any reasonable manner to obtain and enforce for Publishers benefit copyrights covering the Work Product in any and all countries. Contractor agrees to execute when requested copyright or similar applications and assignments to Publisher and any other lawful documents deemed necessary by Publisher to carry out the purpose of this Agreement. Writer further agrees that the obligations and undertaking stated in this Section will continue for one year after the termination of this agreement beyond the termination of Writers service to Publisher. If called upon to render assistance under this Section Writer will be entitled to fair and reasonable fee in addition to the reimbursement of authorized expenses incurred at the prior written request of Publisher. In the event that Writer is unable for any reason whatsoever to secure Writers signature to any lawful and necessary document required to apply for or execute any copyright or other applications with respect to any Work Product Writer hereby irrevocably designates and appoints Publisher and its duly authorized officers and agents as his or her agents and attorneys in fact to act for and in their behalf and instead of Writer 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 Writer.
6. Warranties. Writer represents and Warrants that. a The Work Product was created solely by Writer their full time employees during their employment or independent contractors who assigned all right title and interest worldwide in their work to Writer. b Writer is the owner of all right title and interest in the tangible forms of the Work Product and all intellectual property rights protecting them. The Work Product and the intellectual property rights protecting them are free and clear of all encumbrances including without limitation security interests licenses liens charges or other restrictions. c Writer has maintained the Work Product in confidence. d The use reproduction distribution or modification of the Work Product does not and will not violate the rights of any third parties in the Work Product including but limited to copyrights trade secrets trademarks publicity and privacy. e The Work Product is not in the public domain. f Writer has full power and authority to make and enter into this Agreement.
7. Indemnification. Writer agrees to defend indemnify and hold harmless Publisher their officers directors sub licensees employees and agents from and against any claims actions or demands including without limitation reasonable legal and accounting fees alleging or resulting from the breach of the warranties in Section 6. Publisher shall provide notice to Writer promptly of any such claim suit or proceeding and shall assist Writer at Writers expense in defending any such claim suit or proceeding. 8. Prior Work. The Parties acknowledge that prior to this Agreement Writer has submitted to Publisher Work Product created as writing sample. Writer hereby irrevocable assigns conveys and otherwise transfers to Publisher and its respective successors and assigns all rights title and interests worldwide and all copyrights in and to said work and makes all warranties as set forth in Section of this Agreement with respect to said work. 9. General Provisions. 9 Entire Agreement of the Parties. This Agreement contains the entire agreement between the parties hereto with respect to the rendering of services by Writer for Publisher and supersedes any prior agreements either written or verbal. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 9 Governing Law.
This Agreement will be governed by and construed in accordance with the laws of the State of state or province. 9 Good Faith and Fair Dealing. Both parties agree that they will act in good faith in all matters concerning this Agreement and that all terms of this contract are to be interpreted reasonably and in fair and equitable manner. 10. Termination. This agreement may be terminated by either party for any reason with or without cause upon thirty days written notice. Nothing in this agreement shall require Publisher to assign any specific number of assignments nor shall this agreement obligate Writer to accept any specific assignments. The purpose of this agreement is to govern the payment schedule and the rights and responsibilities of the parties for work assignments accepted by Writer. 11. Arbitration. Each party looks forward to mutually enjoyable relationship with the other. However should any controversy or claim arise out of and or relating to this contract or breach thereof which is not settled between the signatories themselves the same shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. Arbitration hearings shall take place in city state or province.
Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof including the award to the aggrieved signatory signatories their heirs assignees and or designees for the total remuneration received as result of business conduct with the parties covered by this Agreement plus court costs attorneys fees and other charges and damages deemed fair by the arbitrator s. THE PARTIES ACKNOWLEDGE THAT THEY ARE AWARE OF THE FACT THAT BY AGREEING TO ARBITRATE THEY WAIVE ANY RIGHT THEY HAVE TO COURT OR JURY TRIAL. 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. WRITER 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 Writer Initials Publisher Initials