Commissioned Work Contract Template
Translated by
ScribdTranslationsCommissioned Work Contract Template
Translated by
ScribdTranslationsContract model for elaboration
by commissioned work
[Link]:
Client: Society _______ hereinafter THE CLIENT
In charge: ______ hereinafter referred to as THE
AUTHOR.
II. OBJECT AND NATURE
The purpose of this contract is to regulate the creation of a work.
new, which will consist of a logical support or software, on the part of a
natural person under the commission, instructions, and at the account and risk of the
Client society, in exchange for a remuneration to the AUTHOR,
holding the contract holder the ownership of the patrimonial rights of
intellectual property over the commissioned work.
This is a service provision contract.
III. DEFINITIONS
3.1. The work
It is understood as work for the purposes of this contract and in accordance with
with current legislation, "every original intellectual creation of nature
artistic, scientific, or literary, capable of being disseminated or reproduced in
any form.
The work on which the order specified in this contract falls
the present is the software or logical support called: (………), hereinafter
THE WORK.
3.2. Execution of work by commission
It is understood as a contract for work by commission according to what is provided in the article
20 of Law 23 of 1982, the creation of a work by one or more
authors according to the plan indicated by a natural or legal person and on behalf of
risk of this, perceiving the authors, in the execution of that plan, the
agreed fees in the respective contract.
[Link]
AUTHOR is understood for the purposes of this contract and in accordance
under current legislation, 'the natural person who carries out the creation
"intellectual or work." The author of THE WORK is Mr.: (……)
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The term HOLDER for the purposes of this contract refers to 'the person
who legitimately enjoys the patrimonial and moral rights of authorship
declared or recognized in accordance with current legislation.
The holder of the economic rights over the work whose execution is
the entity ______, in accordance with the
Article 20 of Law 23 of 1982, whereby it is understood that by the
in a single act of the contract for commissioned work, the AUTHOR transfers their
intellectual property rights to the CLIENT.
The ownership of the moral rights to the commissioned work will remain
in the name of the AUTHOR or AUTHORS of it.
3.5. Principal
The term CLIENT is understood for the purposes of this contract as the subject
by right that, at their own risk, entrusts a person, the
elaboration or execution of a work according to a plan designed by the
ENTRUSTING becoming the exclusive holder of the economic rights of
author about the commissioned work and obligating himself solely to the AUTHOR
to whom the execution of the work was entrusted, to the payment of a
determined remuneration.
IV. THE COMMISSION
4.1. The assignment object of this contract consists of the preparation of a
new work by Mr. (___________) in favor of the company
Commissioner.
4.2. The new work commissioned consists of a logical support or software and the
guidelines for its preparation by the AUTHOR are established through
this contract in annex No. 1 where the CLIENT has
predetermined the conditions of necessity, characteristics, and attributes of
the commissioned work has established the guidelines of time, manner, and
place where the preparation of the same will take place.
The annex No. 1 mentioned can be modified or updated at any
moment according to the criteria of the CONTRACTING society and the modifications,
additions and any changes made to it will be part of the
This contract will bind the AUTHOR.
V. REMUNERATION
5.1. The AUTHOR will receive for the WORK nothing more than the
remuneration agreed upon in this contract.
[Link] the execution of the task subject to this contract, it has been agreed
the sum of (include the total sum in letters and amounts) payable by the
COMMISSIONER to the AUTHOR as follows: (indicate whether there is a deadline, installments or a single payment,
date, etc.)
5.3. THE AUTHOR declares that once the payment has been made
remuneración estipulada en el numeral anterior, quedaran satisfechos de
the full rights that under this contract are granted to you
they correspond.
VI. OBLIGATIONS OF THE PARTIES
6.1. The CLIENT
6.1.1. The execution of the WORK subject to this contract is the responsibility of
and exclusive risk of the CLIENT.
6.1.2. The COMMISSIONING party agrees to pay the AUTHOR the
remuneration stipulated in this contract in time and terms
indicated in it.
6.2. THE AUTHOR
6.2.1. The AUTHOR agrees to carry out the commissioned WORK faithfully.
plan designed by the CONTRACTOR in accordance with annex No. 1 of
this contract which is part of this agreement.
6.2.2. The AUTHOR agrees to deliver the WORK subject to this contract
finished on the date: (indicate the deadline for the delivery of the work)
6.2.3. The AUTHOR agrees to maintain absolute confidentiality and secrecy of
according to the provisions of clause VIII of this agreement.
6.2.4. THE AUTHOR agrees to respect the rights of the
client society about the work and consequently not to use or
exploit THE WORK by oneself or through an intermediary without prior authorization
and written by the contracting society.
6.2.5. The AUTHOR acknowledges and agrees that through this contract
the copyright property rights are transferred ipso facto to the society
CLIENT. Consequently, they are obliged to allow peaceful and free
exercise of the rights that are granted to him by virtue of this contract
legitimately to society _____________.
6.2.6. The AUTHOR declares that the WORK will be of their authorship and that it will be developed
in an original and creative way.
VII. OWNERSHIP
7.1. The parties to this agreement acknowledge and accept that by virtue of
this contract and by this sole act, the economic rights of the author
correspond exclusively and exclusively to society
The CLIENT and the moral rights of the author will remain with
by the AUTHOR, in accordance with the provisions of article 20 of Law 23 of
1982 and Article 10 of Decision 351 of 1993 of the Commission of the
Andean Community.
VIII. CONFIDENTIALITY CLAUSE
8.1. All information and data constitutes confidential and reserved information.
documentation related to each of the points established in the
ANNEX No. 1 of this agreement and with the preparation and execution of THE
WORK.
This contract is entered into and signed in the city of Bogotá D.C., on the
_______ days of the month of __________ of _________ by the parties
participants in two (2) originals of the same tenor and value,
THE AUTHOR,
___________________
C.C. Nº _____________
THE PERSON IN CHARGE.
___________________
C.C. No. _____________