1.1 The Developer agrees to provide specialized services in one or more areas of expertise as agreed upon, after a work contract is signed for a commission or project.
1.2 The Developer acknowledges and agrees that this Contract is non-exclusive, and the Developer is free to work independently or with other agencies, studios, or clients.
2.1 The Developer agrees to maintain strict confidentiality regarding all Agency-related tasks, commissions, projects, processes, and any other legal or sensitive information disclosed during the course of this Contract.
2.2 The Developer agrees not to disclose, use, or publish any confidential information for any purpose other than the performance of their obligations under this Contract.
3.1 The Developer agrees to have their personal and professional information displayed in the Agency's catalog, which may include their real first and last name, photograph, resume of career, age, years of experience, and any links provided for portfolios and social media.
4.1 The Agency reserves the right to terminate this Contract at any time, provided that a written notice is given to the Developer at least one (1) week in advance. Termination is contingent on the absence of active contracts, projects, commissions, or outstanding payment obligations.
4.2 The Developer may terminate this Contract at any time, provided that a written notice is given to the Agency at least one (1) week in advance. Termination by the Developer is contingent on the absence of active contracts, projects, commissions, or outstanding payment obligations.
5.1 The Developer agrees that the Agency may place them on hold or distribute tasks according to project requirements, scope, and the Developer's expertise. Task assignment is based solely on logical planning and does not consider personal relationships.
5.2 The Developer agrees to operate under the Agency’s name for all tasks, commissions, or projects acquired through the Agency.
6.1 The Developer agrees to a service fee of 2.5% of their gross payment for all tasks, commissions, or projects secured through the Agency.
7.1 The Developer agrees not to engage in any fraudulent activities or conduct that may harm the Agency or its clients.
7.2 The Developer agrees to comply with the terms of this Contract and any other service contracts related to commissions or projects undertaken through the Agency.
8.1 Any work created by the Developer for projects, tasks, or commissions secured through the Agency shall be the exclusive property of the client or the Agency, depending on the agreement with the client.
8.2 The Developer agrees to transfer all rights, titles, and interests in any intellectual property created during the course of this Contract to the client or the Agency as stipulated in the work contracts.
8.3 The Developer may not use or reproduce any work created under this Contract for personal or commercial purposes without prior written consent from the Agency or the client.
9.1 The Developer agrees not to compete with the Agency by offering similar services directly to the Agency's clients for a period of six (6) months following the termination of this Contract or during this Contract. This clause applies only to clients with whom the Developer has worked through the Agency.
10.1 The Developer shall be liable for any damages or losses caused by their actions, omissions, or breaches of this Contract, including but not limited to any legal costs or expenses incurred by the Agency or its clients as a result of such actions.
10.2 The Developer agrees to indemnify and hold the Agency harmless from any claims, demands, or actions arising out of or related to the Developer's work, including but not limited to claims of intellectual property infringement, breach of contract, or negligence.
11.1 The Developer agrees to perform all tasks, commissions, and projects with a high standard of quality and within the agreed-upon deadlines.
11.2 The Agency reserves the right to review and request revisions to the Developer's work if it does not meet the required standards or deadlines, or as requested by a Client.
11.3 Repeated failure to meet quality standards or deadlines may result in the immediate termination of this Contract without further notice.
12.1 In the event of any dispute arising from this Contract, the parties agree to first attempt to resolve the dispute through good-faith negotiations.
12.2 If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation before pursuing any legal action.
12.3 This Contract shall be governed by and construed in accordance with the laws of the jurisdiction in which the Agency is located.
13.1 The Developer acknowledges that the Agency may offer additional services to clients, including but not limited to quality assurance, work reviews, project coordination, and client communication management.
13.2 The Developer agrees that their work may be subject to these additional services, and they may be required to cooperate with the Agency or other designated professionals to facilitate these services.
13.3 The Developer understands that these additional services are intended to ensure the highest quality of work and client satisfaction. Any feedback, revisions, or changes resulting from these services must be addressed promptly and professionally by the Developer.
13.4 The Agency reserves the right to charge the client separately for these additional services, and the Developer will not be entitled to any portion of such fees unless specifically agreed upon in a separate contract or agreement.
14.1 The Agency agrees to act in the best interests of both the client and the Developer, ensuring that all parties adhere to the terms of their respective contracts.
14.2 The Agency shall defend the client in the event that the Developer fails to meet their contractual obligations, including delivering substandard work, missing deadlines, or breaching confidentiality. The Agency will take appropriate measures to resolve the issue, which may include requesting revisions, seeking remediation, or terminating the Developer's contract if necessary.
14.3 The Agency also commits to defending the Developer if a client acts unfairly, such as making unreasonable demands, refusing to pay for completed work, trying to ask for more tasks than planned and assigned in work contracts, or attempting to bypass the Agency. The Agency will mediate in such conflicts to ensure a fair resolution and protect the Developer's rights and interests.
14.4 The Agency will actively mediate conflict situations between the client and the Developer, working to resolve disputes in a manner that is fair and equitable for both parties. The Agency will ensure that all contractual clauses are respected and enforced, preventing any party from ignoring their obligations.
14.5 The Agency will protect the client from situations in which a Developer might underperform, fail to deliver the expected work quality, or miss deadlines. In such cases, the Agency will intervene to request necessary revisions, replacements, or other actions to ensure that the client's project is completed to the agreed-upon standards.