This Freelancer Agreement (“Agreement”) is made and entered into ____________________,(the “Effective Date”) by and between LeadsNet Solution (the “Company”) located in ____________________, and ____________________ (the “Freelancer”) located in ____________________, individually referred to as “Party”, and collectively the “Parties”.
1.1 Services: The Freelancer agrees to provide professional services as outlined in individual project descriptions posted on the LeadsNet Solution platform (“Services”). The scope, deliverables, deadlines, and payment terms for each project will be detailed in a separate project agreement. The Services may include, but are not limited to, writing, graphic design, web development, marketing, consulting, and other freelance tasks.
1.2 Independent Contractor Status: The Freelancer acknowledges that they are an independent contractor and not an employee of the Company. This Agreement does not create a partnership, joint venture, or agency relationship between the parties.
1.3 Non-Exclusive Agreement: The Freelancer understands that this Agreement does not preclude the Company from engaging other freelancers or service providers for similar services.
2. Compensation
2.1 Payment: The Freelancer shall be compensated as outlined in the individual project agreement. Payment will be made through the LeadsNet Solution platform upon successful completion and approval of the Services.
2.2 Payment Schedule: Payments will be processed within [insert time frame, e.g., 15 business days] following the acceptance of the completed work by the Client. The Freelancer acknowledges that late payments may occur due to issues beyond the Company’s control.
2.3 Service Fees: The Company may charge service fees to the Freelancer based on the payment structure defined on the platform, which may be subject to change. The Freelancer agrees to these fees and understands that they will be deducted from the total compensation.
2.4 Taxes: The Freelancer is responsible for all applicable taxes, including income tax, self-employment tax, and any other taxes incurred as a result of this Agreement.
3. Responsibilities of the Freelancer
3.1 Performance of Services: The Freelancer agrees to perform the Services in a professional, diligent, and timely manner, adhering to the deadlines set forth in the project agreement. The Freelancer shall ensure that all work produced meets the agreed-upon specifications and standards.
3.2 Quality Assurance: The Freelancer warrants that all Services provided will meet the quality standards set forth by the Company and be free from defects in workmanship and materials. The Freelancer agrees to make revisions to the work as required by the Client until it meets the established criteria.
3.3 Communication: The Freelancer agrees to maintain open communication with the Company and/or the Client throughout the project duration, providing regular updates and addressing any questions or concerns in a timely manner.
3.4 Compliance with Laws: The Freelancer agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances in the performance of the Services, including obtaining any necessary permits or licenses.
4. Ownership and Intellectual Property
4.1 Work Product: All work products, materials, and intellectual property created by the Freelancer in the course of performing the Services (“Work Product”) shall be the exclusive property of the Company upon full payment. The Freelancer agrees to assign all rights, title, and interest in the Work Product to the Company.
4.2 License: The Freelancer grants the Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute the Work Product for any purpose.
4.3 Attribution: If applicable, the Company may provide attribution to the Freelancer for the Work Product as agreed upon in the project agreement.
4.4 Confidentiality: The Freelancer agrees to keep all information related to the Company’s business and projects confidential. This obligation shall survive the termination of this Agreement.
5. Confidential Information
5.1 Definition: “Confidential Information” refers to any data or information that is proprietary to the Company and not generally known to the public, including but not limited to business strategies, customer lists, financial information, software, trade secrets, and any information shared between the parties in connection with the Services.
5.2 Obligations: The Freelancer agrees to hold and maintain the Confidential Information in strict confidence and shall not disclose it to any third parties without prior written consent from the Company. The Freelancer agrees to use Confidential Information solely for the purpose of fulfilling their obligations under this Agreement.
5.3 Exceptions: The obligations of confidentiality shall not apply to information that (a) is or becomes publicly known through no fault of the Freelancer, (b) is received from a third party without breach of any obligation of confidentiality, or (c) is required to be disclosed by law or regulation.
6. Term and Termination
6.1 Term: This Agreement shall commence on the Effective Date and shall continue until terminated by either party.
6.2 Termination for Convenience: Either party may terminate this Agreement for any reason with written notice to the other party. A notice period of [insert notice period, e.g., 14 days] is required.
6.3 Termination for Cause: The Company may terminate this Agreement immediately if the Freelancer breaches any material provision of this Agreement, fails to meet performance standards, or engages in unethical or illegal conduct.
6.4 Effect of Termination: Upon termination, the Freelancer shall cease all work immediately, return any Company property, and provide all completed and in-progress work to the Company.
7. Indemnification
The Freelancer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) the Freelancer’s performance of the Services, (b) any breach of this Agreement by the Freelancer, and (c) any infringement of third-party rights, including intellectual property rights.
8. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement or the Services provided by the Freelancer. The Freelancer’s sole remedy for any claim related to this Agreement shall be limited to the amount of fees paid to the Freelancer under this Agreement.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State]. Any disputes arising under or in connection with this Agreement shall be resolved in the courts located in [Insert County/City], [Insert State].
10. Miscellaneous
10.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding its subject matter and supersedes all prior agreements and understandings, whether written or oral.
10.2 Amendments: This Agreement may be amended only by written agreement signed by both parties.
10.3 Severability: If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.
10.4 Waiver: The failure of either party to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
10.5 Assignment: The Freelancer may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign this Agreement at any time without consent.
10.6 Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, fire, flood, war, acts of terrorism, or government action.
IN WITNESS WHEREOF, the parties have executed this Freelancer Agreement as of the Effective Date.
LeadsNet Solution
By: ___________________________
Name: ___________________________
Title: ___________________________
Date: _________________________
Freelancer
By: ___________________________
Name: ___________________________
Date: _________________________