6.8 Counterparties/Electronic Signatures. The Contracting Parties may execute this Agreement in several counterparties, each representing an original vis-à-vis the Party it has signed and which together form an Agreement. The signatures of all Contracting Parties shall not appear on the same object. The service of consideration signed by fax, e-mail or other electronic transmission containing a copy of the signature of the sending party is as effective as the signature and personal service of the equivalent. The parties may electronically sign this Agreement by entering their names in the following signature lines (“Electronic Signature”). A Party that executes this Agreement by electronic signature agrees that such signature is legally consistent with a handwritten signature on this Agreement, which has the same binding legal effect as if the Party had personally signed its name on paper. This form is based on the premise that the specific details of the compensation to be paid will be defined in a schedule, which is often the structure when there are variable charges for a large number of services. A lawyer can discuss whether this is the best option in a given situation. The difference between an employee and a contractor is based on many factors such as the extent of control over the contractor`s ability to cooperate with other customers, to choose its own equipment for the provision of services and to sub-delegate the work, and no single factor is decisive. The mere use of this service contract is not enough to turn an employee into a contractor. Instead, the courts will consider the entire agreement and decide whether the service provider works within the company, as a member of the company (as a very uncontrolled employee) or whether the contractor runs its own business (as a contractor).
This form serves only to illustrate and probably contains all the terms that the parties need to reflect the realities of their particular situation. For example, it may be appropriate to include a regulation on competition or compensation or to extend the provisions relating to intellectual property rights, insurance or guarantees. A lawyer can help ensure that all important conditions are included in the agreement. Enter the name of the customer who will receive the company`s services. 5.2 Confidential Information includes all information identified by a party that discloses as being of copyright and confidentiality, with Confidential Information remaining the exclusive property of the disclosed party, unless ownership of such Confidential Information is expressly stipulated in the Agreement. Items are not considered confidential information when: (a) is not publicly available through a breach of an agreement by the recipient; (b) have been lawfully obtained by a third party without breaching an obligation of confidentiality; (c) have been developed independently of one Party without access to the confidential information of the other Party; or (d) are properly known to the recipient at the time of disclosure, as evidenced by its written records. 8. Right to interim measures.
The Parties acknowledge that the services to be provided by the Contractor under this Agreement and the rights and privileges granted to the Company under the Agreement are of a special, unique, unusual and exceptional character, which confers on them a particular value, the loss of which cannot be adequately or appropriately compensated by damages in a legal action under the law. and the breach by the Contractor of any provision of this Agreement shall result in irreparable breaches of the Business and damages. The Contractor expressly agrees that in the event of a breach of any provision of this Agreement by the Holder, the Company is entitled to omission and other remedies in the right of convenience, or to prevent them. . . .