Terms and Conditions for Freelance Developers
Status is as of 1 May 2012. These terms and conditions as posted on this website are subject to future changes.
Business Terms and Conditions for Freelance Contractors
1. These business terms and
conditions apply to all aspects of order processing with freelance contractors,
even if not expressly referenced in the individual orders. The acceptance of an
order constitutes conclusion of a contract for work between the freelance
contractor and Market Report Company
LLP. In no case does acceptance of an order establish a service
contract, an employment relationship as defined in labor law, nor a commercial
2. The Market Report Company LLP order form is an element of the contract for work, and defines the scope of work to be performed. The freelance contractor agrees to execute all work in exact accordance with the instructions of Market Report Company LLP. The freelance contractor agrees to use supplied by Market Report Company LLPinformational material only for tasks required by Market Report Company LLP.
3. Computer code, computer programs, designer mockups, technical documentation and other pertinent data which have been developed in conjunction with the order shall be turned over to Market Report Company LLP. No entitlement to copyright shall derive from the fulfillment of the contract for work. If entitlement to copyright should arise in some other manner, all usage rights thereof will be transferred to Market Report Company LLP and shall be paid for in full by settlement of the supplier`s invoice.
4. The deadlines agreed to in the contract for work constitute an essential part of the contract with Market Report Company LLP and are binding. If the deadline is exceeded, Market Report Company LLP is no longer obligated to accept the service. Furthermore, Market Report Company LLP can demand compensation for demonstrated damage which arises from the schedule overrun. If a contractual deadline or the contracted quality cannot be met,Market Report Company LLP is to be notified upon recognition of this situation, even if the freelance contractor is not responsible due to negligence or culpability. The freelance contractor agrees to accept all necessary actions on the part of Market Report Company LLP to ensure quality and adherence to the schedule.
5. Compensation for the work shall be in accordance with theMarket Report Company LLP fee list in effect for freelance contractors, or shall be agreed to separately in writing upon entry into the contract for work. The fees will be paid by Market Report Company LLP four weeks after receipt of the invoice from the freelance contractor.
6. By entering into the contract for work, the freelance contractor agrees to declare the gross fees paid by Market Report Company LLP for tax purposes in accordance with the provisions of the law. Freelance contractors who have opted for the value added tax will receive the fees plus the statutory VAT.
7. By accepting the order the freelance contractor agrees to keep in confidence the information which comes to his/her knowledge through performance of the service under the contract. If a special confidentiality agreement exists between Market Report Company LLP and its customers, then the freelance contractor agrees to sign this agreement also with legally binding effect for himself/herself. In the event of violation of the confidentiality agreement, the freelance contractor is fully liable to Market Report Company LLP.
8. The work under the contract shall be delivered to Market Report Company LLP free of defects and in warranted quality. In the event of defects the freelance contractor agrees to make the necessary follow-up corrections at his/her own expense within the conventional grace period set byMarket Report Company LLP. If follow-up correction is not possible within the given period of time for reasons of time or fact, Market Report Company LLP is entitled to produce the necessary quality at the expense of the freelance contractor.
9. If work performed under the contract for work is not suitable for delivery to the Market Report Company LLP, and correction is not possible within the deadline, Market Report Company LLP can demand the cancelation of the contract or in case the freelance contractor is responsible for the damages,Market Report Company LLP may claim damages because of non-adherence to the contract. This does not exclude other claims for damages.
10. The freelance contractor guarantees Market Report Company LLP strictest non-interference with the latter`s customer relations, in particular the observance of secrecy concerning all information received from the customers of Market Report Company LLP during the development process. In the event of demonstrated violations of this principle, Market Report Company LLP can claim both a contractual penalty and compensation for damages.
11. These terms and conditions shall be interpreted in accordance with the Laws of England and any dispute shall be subject to the exclusive jurisdiction of the English Courts.