Kreator Membership Agreement - English
In Madrid, on ______________ 202____.
PARTIES
On the one hand, Guillermo García Muchacho, on behalf of the trade name I-DEA VENTURES S.L. with C.I.F: B88169263 and with address at Calle de Aranda 1, semi sótano derecho, Madrid 28001, hereinafter "Cokrea".
And from another Party …………….…………………….., of legal age, with domicile ……………………………. and with NIF …………………., hereinafter, “the Collaborator”.
Both parties may be referred to jointly as "the Parties". The Parties, of their free and spontaneous wills, state that they have and constitute, mutually and reciprocally, the necessary legal capacity to grant this Contract, for which purposes
MANIFEST
That the Collaborator is a professional who undertakes to perform the services inherent to his commercial activity that will be offered as part of Cokrea's services.
That the Parties, of their free and spontaneous wills, have agreed to grant this Professional Collaboration Agreement (hereinafter, "the Agreement") subject to the following
CLAUSES
Purpose: During the term of this Contract, the Collaborator will provide Cokrea with those services described above, in accordance with the terms and conditions of this contract, (hereinafter, "the Services"), accepting the commitment to carry out all the necessary steps to perform the orders received.
Duration: The Services will begin to be provided from the day following the signing of this Contract. This Contract will have a duration of 3 years, from the date of its signing, and will be tacitly extended for similar periods, unless a reliable complaint by one of the Parties prior to the extension of the Contract, with a notice of 7 business days.
Obligations: The Collaborator undertakes to provide the Services, with the greatest diligence and professionalism in full compliance with the applicable regulations. In any case, they will notify Cokrea with the utmost urgency of any anomaly that they detect or that could occur.
Pricing & Billing: The price of Cokrea will depend on the services budgeted according to the requirement. 50% will be paid after project approval and the other 50% upon delivery.
The Price established in this Contract does not include taxes that are applicable according to current legislation.
Non Disclosure: Both the Collaborator and Cokrea undertake to maintain the confidentiality of any information related to Cokrea or its clients or with the content of the service provided by the Collaborator, to which they have access due to the provision of the Services to which referred to in this Agreement.
Both Parties undertake to keep the most absolute secrecy regarding the personal data to which they have access in compliance with this Contract and to observe all the legal provisions contained in Organic Law 15/1999, on the Protection of Personal Data.
Non Compete: The Collaborator agrees that at no time during the term of their membership with Cokrea they will engage in any business activity which competes for the service that another member is offering to a particular client; unless such member wishes to work with another member with the same client to offer its service or products conjointly. Members can offer the same service but not to existing member clients unless reaching a prior agreement.
For a period of one (1) year immediately following the termination of the membership, the Collaborator will not, for themselves or on behalf of any other person or business enterprise, engage in any business activity with clients that Cokrea members are servicing.
Non-solicitation: During the term of the contract, and for a period of one (1) year immediately thereafter, the Collaborator agrees not to solicit the services of any other CoKrea member or independent contractors on behalf of any other business enterprise, nor shall induce any CoKrea member or independent contractors associated with the CoKrea to terminate or breach an membership, contractual or other relationship with Cokrea.
If the member wishes to cancel this collaboration contract, Cokrea has the option to redistribute its ongoing clients/contracts with another Cokrea member.
You hereby acknowledge that Cokrea will suffer irreparable harm if You breach your obligations under this Agreement; and that monetary damages will be inadequate to compensate the Company for such a breach. Therefore, if You breach any of such provisions, then the Company shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions.
Validity of the clauses: Even if a clause of this Contract or one of its parts is declared invalid or unenforceable, the rest of the clauses or its parts will continue to be valid and in force.
Termination of the Contract: In the event that Cokrea requests the termination of the Contract due to the Collaborator having breached its obligations under this Contract, it will proceed in accordance with the provisions of the Civil Code.
Assignment of the Contract: The Parties may not assign to third parties the rights or obligations that are granted to them by virtue of this Contract, unless expressly authorized in writing by the other Party.
Intellectual Property Rights: The Collaborator also guarantees Cokrea that the contents and materials produced are completely original and that they have all the intellectual property rights over them, having been completely developed by the Collaborator, exempting Cokrea from possible claims suffered for this reason.
With respect to materials delivered to Cokrea or Cokrea’s clients, that intellectual property belongs to the client or, failing that, to Cokrea. However, Cokrea allows the Collaborator the right of communication and public dissemination of the content of said Service, in order to advertise the service with prior authorization from Cokrea.
Non-existence of employment relationship: The Parties establish that at no time will there be an employment relationship between Cokrea and the Collaborator. The Collaborator declares that he has full freedom of decision regarding the Services he provides and is not under the direction and supervision of Cokrea, and that in this act he also declares to be an independent professional, correctly registered and with his taxation in order and up to date.
Applicable law and competent jurisdiction
This Contract will be governed and interpreted in accordance with the Laws of Spain and will be submitted to the jurisdiction of the Courts of the corresponding city.
The Parties express their agreement with this Contract, which they grant and sign in two equally original copies, in the place and on the date indicated above.