Contract for Services Agreement - Programmer (Australia)

This Contract for Services Agreement (also referred to as "Work for Hire Agreement") for a Programmer is designed for use in Australia. This legal form is available for immediate download.

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This Contract for Services Agreement is between a company or client and an individual who will provide programming services. This agreement sets out the specific arrangement between the parties and also affirms that an employer/employee relationship is not created. A Copyright Assignment is also included which assigns any programs written by the programmer to the company or client. A written Contract for Service Agreement for a Programmer will prove valuable in the event of disagreements, misunderstandings or litigation.

Among others, this Contract for Services Agreement for Programmer contains the following provisions:
  • Parties to the Agreement: This provision contains the names of the parties entering into the service agreement;
  • Services: This provision sets out the specific services the programmer will perform;
  • Ownership: This provision sets out that all work product developed by programmer will be the exclusive property of the company;
  • Payment and Term: These provisions set forth payment arrangements and the term of the agreement.

Protect yourself and your Rights by using our professionally prepared up-to-date forms.

This lawyer-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Contract for Services Agreement for Programmer for use in Australia
Law Compliance: This form complies with the state and territory laws of Australia
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Contract for Services Agreement- Programmer
(Australia)

 

 

THIS AGREEMENT is made this        day of       , 20   , by and between           having its offices at              (hereinafter referred to as the “Company”) and ___________________________________________________ of ____________________________________ (hereinafter referred to as the “Programmer”).
 
RECITALS
 
WHEREAS, the Company wishes to engage Programmer to provide certain programming services as a contract for services commissioned by the Company;
 
AND WHEREAS, the parties intend that the Company must be considered the author of the Work for the purposes of all copyright and intellectual property issues, and for Company to be the sole and exclusive owner of the copyright in the Work;
 
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the parties agree as follows:
 
1. SERVICES
 
Company hereby engages Programmer to perform programming services as described on the Exhibit A attached hereto (the “Services”) and the Programmer hereby accepts such engagement subject to the terms and conditions of this Agreement.
 
2. OWNERSHIP
 
Programmer agrees that the Services performed by the Programmer hereunder shall be considered as a work commissioned by the Company as contemplated by the copyright law. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part Programmer in connection with the Services shall be the exclusive property of the Company. Upon request the Programmer shall sign all documents necessary to confirm or perfect the exclusive ownership of the Company to the Work Product.
 
If for any reason the Work Product or any part thereof shall be deemed not to be a work commissioned by the Company, then Programmer hereby transfers and assigns all rights, ownership and interest including copyrights and any other intellectual property rights in and to the Work Product to Company.
 
3. PAYMENT
 
In consideration of the Services provided by the Programmer, Company shall pay Programmer a total sum of AUD         , payable in the following manner:
   
Upon execution of this Agreement, Company shall pay Programmer a sum of AUD ____.
 
Upon the completion of the Services hereunder, Company shall pay Programmer the remaining sum of AUD      .
 
4. TERM
 
This Agreement shall commence on the date above written and shall continue for a period of ______________ years. Either party may terminate this Agreement by giving Thirty (30) days written notice to the other.
 
5.  PROGRAMMERS REPRESENTATIONS AND WARRANTIES.  
 
Programmer represents and warrants that:
 
(a) Programmer is the sole creator of the Work Product and the Work Product does not infringe on the rights of any other person or entity, including any copyright or other intellectual property rights.
 
(b) Programmer has the legal ability and authority to execute this Agreement without the consent of any other person or entity.
 
(c) Programmer has not granted, nor will grant in the future to any person or entity any rights or interest in the Work Product or the copyright thereof.
 
6. INDEMNIFICATION
 
Programmer hereby agrees to indemnify, defend, and hold harmless the Company its employees, officers, successors and representatives from and against any and all loss, damage, liability, cost and expense, including reasonable lawyer's fees, incurred by the Company as a result of, arising out of or in connection with a violation of any term or condition of this Agreement required to be performed or observed by Programmer, or arising out of Programmers negligent acts, errors, omissions, or wilful misconduct of Programmer.
 
7. INDEPENDENT CONTRACTOR
 
Nothing contained in this Agreement or any document executed in connection herewith, shall be construed to create an employer-employee, partnership or joint venture relationship between the Company and Programmer. Programmer is an independent Programmer and not an employee of the Company.  As an independent contractor, Programmer shall be solely responsible to pay all applicable taxes.  The Programmer shall not be entitled to participate in any Company plans, arrangements or distributions pertaining to any pension, stock, bonus, profit sharing or similar benefits.
 
8. FURTHER ACTS
 
Programmer agrees to carry out any such further actions which are necessary to ensure that Company secures the copyright and other intellectual property rights in the Work Product.
 
 
 
 
9. GOVERNING LAW
 
This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the state of _____________________________, without regard to conflicts of law principles.
   
10. COUNTERPARTS
 
This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
 
11. SEVERABILITY
 
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
12. NOTICE
 
Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
   If to Company:   ______________________________________________
            ______________________________________________
            ______________________________________________
   If to Programmer:   ______________________________________________
            ______________________________________________
            ______________________________________________
 
13. HEADINGS
 
The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
 
14. ENTIRE AGREEMENT
 
This Agreement constitutes the entire agreement between Company and Programmer, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
 
 
 
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
COMPANY
 
                  
Signature
                  
Print Name
                  
Title
PROGRAMMER
 
                  
Signature
                  
Print Name
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
COPYRIGHT ASSIGNMENT
 
 
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged _____________________________________________ (the “Programmer”), residing at _______________________________________, hereby irrevocably transfers and assigns to _______________________________________________ (the “Company”), located at _______________________________________________________, its successors and assigns, in perpetuity, all right (whether now known or hereinafter invented), title, and interest, throughout the world, including any copyrights and renewals or extensions thereto, in and to the following Work Products ___________________________________________
__________________________________________________________________________.
 
IN WITNESS THEREOF, Assignor has duly executed this Agreement.
By: _______________________
 
Title:____________________Date: ____________________
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EXHIBIT A
 
SERVICES
 
Number of Pages10
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#38595
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Contract for Services Agreement- Programmer
(Australia)

 

 

THIS AGREEMENT is made this        day of       , 20   , by and between           having its offices at              (hereinafter referred to as the “Company”) and ___________________________________________________ of ____________________________________ (hereinafter referred to as the “Programmer”).
 
RECITALS
 
WHEREAS, the Company wishes to engage Programmer to provide certain programming services as a contract for services commissioned by the Company;
 
AND WHEREAS, the parties intend that the Company must be considered the author of the Work for the purposes of all copyright and intellectual property issues, and for Company to be the sole and exclusive owner of the copyright in the Work;
 
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the parties agree as follows:
 
1. SERVICES
 
Company hereby engages Programmer to perform programming services as described on the Exhibit A attached hereto (the “Services”) and the Programmer hereby accepts such engagement subject to the terms and conditions of this Agreement.
 
2. OWNERSHIP
 
Programmer agrees that the Services performed by the Programmer hereunder shall be considered as a work commissioned by the Company as contemplated by the copyright law. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part Programmer in connection with the Services shall be the exclusive property of the Company. Upon request the Programmer shall sign all documents necessary to confirm or perfect the exclusive ownership of the Company to the Work Product.
 
If for any reason the Work Product or any part thereof shall be deemed not to be a work commissioned by the Company, then Programmer hereby transfers and assigns all rights, ownership and interest including copyrights and any other intellectual property rights in and to the Work Product to Company.
 
3. PAYMENT
 
In consideration of the Services provided by the Programmer, Company shall pay Programmer a total sum of AUD         , payable in the following manner:
   
Upon execution of this Agreement, Company shall pay Programmer a sum of AUD ____.
 
Upon the completion of the Services hereunder, Company shall pay Programmer the remaining sum of AUD      .
 
4. TERM
 
This Agreement shall commence on the date above written and shall continue for a period of ______________ years. Either party may terminate this Agreement by giving Thirty (30) days written notice to the other.
 
5.  PROGRAMMERS REPRESENTATIONS AND WARRANTIES.  
 
Programmer represents and warrants that:
 
(a) Programmer is the sole creator of the Work Product and the Work Product does not infringe on the rights of any other person or entity, including any copyright or other intellectual property rights.
 
(b) Programmer has the legal ability and authority to execute this Agreement without the consent of any other person or entity.
 
(c) Programmer has not granted, nor will grant in the future to any person or entity any rights or interest in the Work Product or the copyright thereof.
 
6. INDEMNIFICATION
 
Programmer hereby agrees to indemnify, defend, and hold harmless the Company its employees, officers, successors and representatives from and against any and all loss, damage, liability, cost and expense, including reasonable lawyer's fees, incurred by the Company as a result of, arising out of or in connection with a violation of any term or condition of this Agreement required to be performed or observed by Programmer, or arising out of Programmers negligent acts, errors, omissions, or wilful misconduct of Programmer.
 
7. INDEPENDENT CONTRACTOR
 
Nothing contained in this Agreement or any document executed in connection herewith, shall be construed to create an employer-employee, partnership or joint venture relationship between the Company and Programmer. Programmer is an independent Programmer and not an employee of the Company.  As an independent contractor, Programmer shall be solely responsible to pay all applicable taxes.  The Programmer shall not be entitled to participate in any Company plans, arrangements or distributions pertaining to any pension, stock, bonus, profit sharing or similar benefits.
 
8. FURTHER ACTS
 
Programmer agrees to carry out any such further actions which are necessary to ensure that Company secures the copyright and other intellectual property rights in the Work Product.
 
 
 
 
9. GOVERNING LAW
 
This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the state of _____________________________, without regard to conflicts of law principles.
   
10. COUNTERPARTS
 
This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
 
11. SEVERABILITY
 
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
12. NOTICE
 
Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
   If to Company:   ______________________________________________
            ______________________________________________
            ______________________________________________
   If to Programmer:   ______________________________________________
            ______________________________________________
            ______________________________________________
 
13. HEADINGS
 
The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
 
14. ENTIRE AGREEMENT
 
This Agreement constitutes the entire agreement between Company and Programmer, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
 
 
 
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
COMPANY
 
                  
Signature
                  
Print Name
                  
Title
PROGRAMMER
 
                  
Signature
                  
Print Name
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
COPYRIGHT ASSIGNMENT
 
 
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged _____________________________________________ (the “Programmer”), residing at _______________________________________, hereby irrevocably transfers and assigns to _______________________________________________ (the “Company”), located at _______________________________________________________, its successors and assigns, in perpetuity, all right (whether now known or hereinafter invented), title, and interest, throughout the world, including any copyrights and renewals or extensions thereto, in and to the following Work Products ___________________________________________
__________________________________________________________________________.
 
IN WITNESS THEREOF, Assignor has duly executed this Agreement.
By: _______________________
 
Title:____________________Date: ____________________
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EXHIBIT A
 
SERVICES
 

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