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Modified version of @malarkey's Killing Contract for use for the ThemeForest cooperation (more dev to dev team than dev to client).

Contract for developing a Drupal theme for selling on the ThemeForest

Between us: [ProteusNet d.o.o., Rudarska cesta 11, 8281 Senovo, Slovenia, EU] and you: [partner]

Summary:

We’ll always do our best to fulfil the scope of this cooperation, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short;

We [ProteusNet d.o.o.], located at [Rudarska cesta 11, 8281 Senovo, Slovenia, EU] are hiring you [partner] located at [your address] to develop a [Webmarket Drupal template] for the earnings split of 50-50 as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.

What do both parties agree to do?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. We’ll give you everything you need to complete the project as and when and in the format you need it. We’ll review your work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.

Getting down to the nitty gritty

Design, HTML, CSS

The design for the Webmarket is defined already, so do the HTML/CSS/JavaScript template. This serves as the initial material for this project. You get the Bitbucket git repository read access to get the latest code.

Photographs

We will provide any photographs needed for the template. The ones which come with the HTML template should satisfy, if you need more of them or different formats, let us know.

Technical support

You are responsible to handle the customer support once the theme is approved at least once every working day (i.e. all days, except Saturdays, Sundays and public holidays). You will get from us the Ticksy account where you can handle the support for the theme.

You are also responsible to write the documentation for the theme, which is required by ThemeForest.

Updates to the theme

You are responsible to make sure that the theme works with the latest version of the Drupal CMS for at least one year from the time of approval to the ThemeForest.

Deadlines

We both have to define some time frame by when the project will be finished to be released on the ThemeForest. If it is not, we obtain the right to start talking to some other developer for the same solution and this contract becomes invalid. You take all the responsibility to finish the job on time, because it is you who says how much time you need.

For this project the deadline is January 15th, 2014.

Legal stuff

The theme will be hosted on our servers and sold solely from our ThemeForest profile. You get the API access to our account, so you can monitor all the sales and earnings. The payments can be issued directly to your PayPal, Skrill or bank account once a month for a previous month.

Copyrights

First, we guarantee that all the files you got from us are copyright-free or we bought the appropriate licenses for them.

You can publicly present the project and use it as your reference, but while doing so you have to credit us as the cooperation partner. The same rules apply to us: we can use the project as our reference, but we have to credit you as the cooperation partner.

Payments

We’ll keep the payment schedule simple. After every month we download the CSV file the ThemeForest provides and calculate the profits and the split. After all the calculus is done, you get this file and when you confirm everything is OK, we request a payment for you, which is issued by the middle of the next month.

But where’s all the horrible small print?

Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Slovenian and EU courts.

Oh and don’t forget those men with big dogs.

The dotted line

Signed by and on behalf of [ProteusNet] Signed by and on behalf of [partner] Date [date]

Everyone should sign above and keep a copy for their records.

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