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Contract

This document outlines a commission agreement between Ikro Ilmanullah and Freepik Company, S.L. for the design and creation of various digital resources. The Assignor agrees to transfer all intellectual property rights of the commissioned work to the Company in exchange for remuneration, with specific terms regarding payment, obligations, and warranties. The agreement also includes confidentiality clauses and stipulates that it is governed by Spanish law.
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0% found this document useful (0 votes)
17 views7 pages

Contract

This document outlines a commission agreement between Ikro Ilmanullah and Freepik Company, S.L. for the design and creation of various digital resources. The Assignor agrees to transfer all intellectual property rights of the commissioned work to the Company in exchange for remuneration, with specific terms regarding payment, obligations, and warranties. The agreement also includes confidentiality clauses and stipulates that it is governed by Spanish law.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 7

COMMISSION OF WORKS FOR FREEPIK COMPANY, S.L.

SPECIFIC CONDITIONS:

Date 2023/01/26
Assignor
Name: Ikro Ilmanullah
Address: Ciomas harapan street, Durian Village Rt/Rw 002/006 no.94
ID number/Passport: 3201290805990003
Phone:
Email: hiqrooo@gmail.com
Commissioned Work Design, photo creation and/or development, vectors, illustrations, PSD
files, slides, videos, video or audio recordings.
Remuneration The price per resource will be agreed between both parties (Assignor
and the Company) prior to the assignment of each task. Assignor
confirms the acceptance of the agreed price for each resource the
moment he/she validates the invoice of each task.

Special Terms

Please note: Once the contract is signed, the payment is done between the
10th-15th of each month. Thank you.

This Agreement is made

BETWEEN:

1. Assignor, as set forth in the table above; and


2. Freepik Company, S.L., a company registered in Spain, with Tax Identification Number
B93183366 and registered office at C/ Molina Lario 13 5th floor, 29015 Málaga, Spain
("Company").

BACKGROUND

(A) Assignor is hired by the Company to design, develop and/or create for Company directly
or through third parties the photos, vectors, illustrations, PSD files, slides, videos,
tutorials (including text and/or video and/or voice recordings), recordings or footings
which are the Commissioned Work as defined in the table above (“Commissioned
Work ”).

(B) Assignor wishes to transfer the Assigned Rights (as defined below) to Company on the
terms and conditions set out in this Agreement.

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AGREED TERMS

1. Assignment

1.1. In consideration of the Remuneration, Assignor assigns to the Company all right, title
and interest in and to the copyright, rights in databases, patents, trade marks, design
rights, rights in goodwill, know-how, confidential information, trade secrets and any
other intellectual property rights in and to the Commissioned Work (together, the
“Assigned Rights”). Accordingly, the Company shall be the sole and exclusive owner
of the Assigned Rights for all purposes throughout the world, for the maximum term of
the Assigned Rights as stated in any applicable law and with the right to assign and
license to third parties. The Assigned Rights shall include the right to fixate, reproduce,
distribute, transform, communicate to the public and/or other exploitation of the
Commissioned Work by any media or means now known or hereafter devised.

1.2. In case applicable Law permits it, Assignor irrevocably and unconditionally waives in
favour of Company any and all moral rights in the Commissioned Work.

1.3. Assignor will execute or procure the execution of all such documents as may be
reasonably necessary to achieve, perfect or confirm the assignment in clause 1.1 and
1.2.

1.4. Assignor agrees and declares that Company will be and remain at all times
unrestricted in its freedom to exploit (in its discretion) all Assigned Rights, whether
through Freepik, Flaticon or any other mean, without any obligation to Assignor. The
Company shall be entitled to commercially exploit the Commissioned Work in all media
whether electronic or otherwise at any time and that the Assignor shall not be entitled
to any further payment.

2. Assignor obligations

2.1. Assignor shall be responsible for all his/her own national insurance, personal insurance
for himself and his equipment, social security, and any applicable tax (including without
limitation any personal tax and value added tax), which may become due as a
consequence of this Agreement. It is agreed that all income taxes applicable on
payments effected by the Company to the Assignor shall be borne by the Assignor and
will be deducted from any Remuneration payable to the Assignor according to the
terms of the present Agreement taking into account any Double Taxation Agreement
that may be applicable in this case. Assignor agrees to cooperate with the Company
and promptly provide the Company with documents or information evidencing
Assignor’s identity, nationality, residence or tax status as may be needed to determine,
reduce or eliminate any applicable withholding or other tax, VAT, duty or levy of any
nature. Assignor shall keep updated its tax registration and other information with the
Company whenever there is a change in circumstances that could impact the taxation
or delivery of payments (i.e. changes of address, banking information, contact
information, etc.).

2.2. The Commissioned Work shall be of suitable technical and artistic quality for its
exploitation by Company, shall take into account any requirements of the Company to
such regard and shall be delivered to Company before Delivery Date. The Company
shall accept or provide written reasons for the rejection of the delivery Commissioned
Work.

2.3. Assignor undertakes that the Commissioned Work shall not contain any material
unlawful to use and shall not contain any third party copyright material or material
subject to third party proprietary rights (including privacy and image rights and privacy
rights over voice recordings), unless Assignor has been duly authorized from the
relevant owner of rights or is otherwise legally entitled to use such material and to grant
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the Assigned Rights. The latter exception shall not apply to any Commissioned Work
which includes the image or the voice of any individual, in which case, Assignor shall
always have obtained prior written releases from the relevant individuals, a copy of
which shall be provided to Company upon request. Assignor shall be responsible for
obtaining and maintaining all required written authorizations, consent and releases
necessary for the use and exploitation of the Commissioned Work by Company in
accordance with the Assigned Rights.

2.4. Assignor undertakes not to re use, sell, license, modify, transform, distribute or
communicate, in whole or in part, the photographic materials, video and/or sound
recordings, or any other graphic materials or results, obtained during the preparation of
the Commissioned Work or in connection with the Assignor’s performance of its
obligations under this Agreement, irrespective of whether the Company has finally
decided to select and/or use the Commissioned Work or any other result resulting from
the appointment of the Assignor under this Agreement. [To this end the Assignor
undertakes to destroy (without keeping any copies) of any result generated as a result
or in connection with this Agreement which is not elected by the Company]. This
undertaking is an essential part of this Agreement and its inclusion has been of the
essence for the Company to enter into the Agreement and fix its terms and conditions.

2.5. Assignor declares the use of the Commissioned Work under the Assigned Rights is not
subject to any fee or authorization by collecting societies.

3. Remuneration

3.1. In consideration of the work developed and the rights assigned under this Agreement,
Company shall pay to Assignor the Remuneration, subject to the acceptance by
Company of the Commissioned Work.

3.2. The Remuneration shall be paid as provided in 3.1 above to a Paypal/Skrill/Payoneer


account or anyone of the payment services available. Licensor acknowledges and
accepts that it shall have or open a Paypal/Skrill/Payoneer account for such purpose.

3.3. With the aim of simplifying the invoicing procedure as allowed by VAT applicable
regulations, the invoicing and payment shall be made as follows: Assignor hereby
authorizes Company to issue, on Assignor’s behalf, those invoices for the work
developed and the rights assigned by Assignor to Company after the execution of this
Agreement. Within the first ten days of each calendar month, reports on the
remuneration accrued by Assignor during the previous calendar month shall be
available at the Assignor’s account management section of the website (the
“Account”). Company shall issue the invoice once the Assignor has accepted the
report and the issuance of the invoice through its Account and the issued invoice shall
become available for the Assignor in its Account. The invoices shall be issued as stated
by applicable regulations. Invoices issued as stated herein shall be deemed accepted
by Assignor in case it does not make any objection within 15 days after it is made
available. Company shall pay such invoices within one (1) month from the issuance
date. Company may charge and Assignor shall pay any applicable taxes, as
established by applicable regulations, and such taxes shall be stated in the invoice.

3.4. Company shall not reimburse to Assignor any expense incurred within the design,
creation and development of the Commissioned Work under this Agreement.

4. Warranties

4.1. Assignor warrants, represents and undertakes to Company that:

4.1.(a) Assignor is the original creator or the sole owner of or controls all of the legal
title and interest in the Assigned Rights and has all necessary licenses, rights,
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consents and permissions which may be required for the granting of the
Assigned Rights;

4.1.(b) The Commissioned Works will comply with applicable laws and will not be
offensive, defamatory or discriminatory nor contrary to public moral or order;

4.1.(c) The Commissioned Works do not include any advertising or promotional


materials of the Assignor or any third party;

4.1.(d) The Commissioned Works do not include any viruses, spamclick robots,
dialers, trojans, clickbots, adware or any fraudulent activity software;

4.1.(e) The Commissioned Works must comply with the technical conditions and
requirements set forth by the Company from time to time;

4.1.(f) Has full title and authority to enter into this Agreement, and to grant the
Assigned Rights, and is not bound by any previous agreement that adversely
affects this Agreement;

4.1.(g) Company’s use of the Assigned Rights will not infringe any third party
intellectual property rights or any third party other rights, such as image rights;

4.1.(h) In case Assignor is not the original creator of the Commissioned Work, all
copyright and any other rights including all legal consents if required, shall be
cleared and paid for in respect of the Assigned Rights for use by the Company;
and

4.1.(i) Assignor has not assigned, licensed, granted options over or otherwise
encumbered any of the rights comprised in the Assigned Rights.

4.2. Assignor will defend, indemnify and keep Company harmless, from and against any
and all liabilities, losses, damages, claims and expenses, including reasonable legal
fees whether or not litigation is commenced and costs of investigation arising out or
relating to a breach by Assignor of any of the above warranties, representations and
undertakings, in particular, those derived from any claim or action made or brought by
any person alleging that the Commissioned Work infringes the rights (including
intellectual property rights, image rights or privacy rights) of any third party.

Assignor acknowledges that the warranty of legal title in the Commissioned Work and
in the grant of the Assigned Rights is a condition of essence of this Agreement and any
breach of the same shall cause irreparable and relevant damages to Company,
including reputation damages, which Assignor shall have to indemnify.

Notwithstanding any legal action or right available to Company, in case of breach of


the above warranties or any other provision of this Agreement, or if, in Company’s
opinion, there is a risk of any such breach, Company shall be entitled to withhold any
remuneration due to Assignor under this Agreement or any other agreement between
the parties.

5. CONSEQUENCES OF ASSIGNOR COPYING THIRD PARTY MATERIALS OR


CONTENT TO GENERATE THE COMMISSIONED WORK.

WITHOUT PREJUDICE TO THE UNDERTAKINGS AND WARRANTIES OF


ASSIGNOR IN FAVOUR OF THE COMPANY IN RELATION TO THE ASSIGNED
RIGHTS UNDER CLAUSES 2 AND 4 ABOVE WHICH ARE NOT AFFECTED BY THIS
PROVISION, IN THE EVENT OF ANY COMMISSIONED WORK BREACHING ANY
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS (BY COPYING, PLAGIARISM
OR OTHERWISE) IMAGE OR PRIVACY RIGHTS, THE COMPANY SHALL BE
ENTITLED TO TAKE IMMEDIATE LEGAL ACTION AGAINST ASSIGNOR TO
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RECOVER ANY TYPE OF DAMAGES SUFFERED BY THE COMPANY (INCLUDING
WITHOUT LIMITATION ANY LOSS OF PROFITS AND ANY INDIRECT,
CONSEQUENTIAL, OR REPUTATIONAL DAMAGES). ASSIGNOR
ACKNOWLEDGES AND CONFIRMS IT IS AWARE THAT IN THE EVENT OF SUCH
BREACH, LIABILITY COULD AMOUNT TO MILLIONS OF EUROS AND COULD
EVEN IMPLY TO BE SENTENCED TO IMPRISONMENT.

ASSIGNOR UNDERTAKES TO DO EVERYTHING WHICH IS NECESSARY TO BE


FULLY AND DULY INFORMED ABOUT WHAT CONSTITUTES A BREACH OF THIRD
PARTY INTELLECTUAL PROPERTY RIGHTS, IMAGE OR PRIVACY RIGHTS AND
IF IN DOUBT IN RELATION TO ANY PART OF THE COMMISSIONED WORK
(WHETHER ALREADY SENT OR NOT TO THE COMPANY) ASSIGNOR SHALL
IMMEDIATELY INFORM THE COMPANY WITH A VIEW TO GUARANTEE THAT ALL
COMMISSIONED WORKS ARE FREE FROM ANY THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS AND DO NOT INFRINGE ANY THIRD PARTY’S IMAGE OR
PRIVACY RIGHTS.

6. Confidentiality

Assignor will not (without the prior written consent of Company) communicate,
disclose, publish or otherwise make available to any third party nor use itself or in
conjunction with any third party, the Assigned Rights or any information in connection
with this Agreement.

7. General

7.1. Failure by a party to exercise or enforce any right conferred by this Agreement shall
not be deemed to be a waiver of any such right nor operate so as to bar the exercise or
enforcement of such right or of any other right on any other occasion.

7.2. If any part, term or provision of this Agreement not being of a fundamental nature is
held illegal or unenforceable, the validity or enforceability of the remainder of this
Agreement shall not be affected. In case the illegal or unenforceable part, term or
provision affects the assignment of rights under this Agreement, this Agreement shall
be interpreted with a view to provide the widest assignment of rights to the extent
permitted by the applicable Law.

7.3. This Agreement may only be modified if such modification is in writing. This Agreement
sets out all of the terms that have been previously agreed between the parties in
relation to the subjects covered by it, and supersedes all previous agreements
between the parties relating to such subjects. Accordingly, the terms of the assignment
of any previous works commissioned by the Company to Assignor and the warranties
given by Assignor for such previous works shall be the same as if those works had
been included in this Agreement and subject to the same provisions.

7.4. According to data protection regulations, Assignor is hereby informed and authorizes
the processing of its personal data by the Company for the purposes of financial,
accounting, tax and administrative management of this Agreement. Any rights to
access, amend, cancel or oppose to the processing of personal data can be exercised
before the Company, in its condition as controller of the personal data processing, at
the address mentioned at the beginning of this Agreement
(https://www.freepik.com/privacy_policy).

7.5. To the extent permitted under applicable law, Assignor waives any legal right it may
have to receive prior information from the Company about the online contractual
process to be followed to enter into this contract or to receive confirmation of the
execution of the contract.

7.6. This Agreement shall be governed by and construed in accordance with Spanish law
and the parties submit to the exclusive jurisdiction of the Courts of Málaga (Spain).
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BASIC INFORMATION ABOUT DATA PROTECTION
Data Controller Freepik Company, S.L. Tax ID No. B93183366
C/ Molina Lario, 5th floor, 29015 Malaga, Spain
www.freepik.es / www.freepik.com
Purpose Managing, executing and checking contract or agreement fulfillment.

Managing contract or collaboration agreement and/or transfer of usage rights.


Legal Basis Execution of a contract
Recipient Your information will not be communicated to third parties outside the
company, unless necessary for carrying out the work or professional activity
of the corporation in order to fulfill the contract/agreement, or the fulfilling of a
legal obligation. In such case, we will inform accurately of as many incidents
as may happen.

In case Freepik Company detects a fraudulent use of the service by the


collaborator, the information available could be sent to the appropriate legal
organization, department or legal counselor, as well as, exceptionally, to
Freepik Company’s collaborator companies, with the objective of checking
and verifying the fulfillment or breach of the collaboration contract/agreement.
Conservation Data is kept as long as necessary for the execution of the contract and to
comply with legal obligations related to the Spanish legislation
Rights You can request to access, rectify and erase your data, as well as exercise
other rights, through your user profile or contacting the email:
support@freepik.com.
For more information, visit: www.freepik.es/privacy_policy

This Agreement has been executed and delivered on the date shown on the first page.

…………………………………………
The Assignor

…………………………………………
The Company

Doc ID: 610ea0f6309b9b93017bde32898672f59930536c


Sign Registro de auditoría

Commisioned Work Freepik


Título

Nombre de archivo
Hiring ENG 06.2019.pdf

Identificación del documento


610ea0f6309b9b93017bde32898672f59930536c
Formato de fecha del registro de auditoría
DD / MM / YYYY
Estado Firmado

26 / 01 / 2023 Enviado para su firma a Ikro Ilmanullah (hiqrooo@gmail.com)


10:21:06 UTC por sales@freepik.com
IP: 34.77.62.140

26 / 01 / 2023 Visualizado por Ikro Ilmanullah (hiqrooo@gmail.com)


10:22:55 UTC IP: 114.124.243.51

26 / 01 / 2023 Firmado por Ikro Ilmanullah (hiqrooo@gmail.com)


10:26:11 UTC IP: 114.124.243.51

26 / 01 / 2023 El documento se ha completado.


10:26:11 UTC

Con la tecnología de Sign

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