Within the context of this framework, the Service Provider pledges their commitment and makes the following declarations:
- The Service Provider confirms that they have the power to pledge their commitment and to make the following declarations.
- The Service Provider acknowledges and accepts that any product of their work in relation to the tasks assigned to them – including, but not limited to, all software (including the source code), documents, texts, samples and photos – realized, crafted, conceived, invented or created by the Service Provider, alone and/or in collaboration with the Agency (hereafter: the Work) is the exclusive property of Essencedesign. the Service Provider accepts, to the fullest extent, to transfer and to relinquish to the Agency all intellectual property rights on the Work conforming to the tasks defined above. the Service Provider agrees to not publish, have published, divulge details of, or use the Work – in any other way and for any other reason – without the prior written consent of the Agency. As a result, if the Service Provider wishes to compile a work log, they must submit it to the Agency for approval by the end of the collaboration, at the latest.
- The Service Provider guarantees the Agency that the Work is original and does not infringe upon the rights of any other existing author, nor upon the intellectual property rights belonging to third parties and/or that the Service Provider has acquired all the necessary permissions allowing them to use elements belonging to third parties in the Work (where applicable, the Service Provider will provide the Agency a copy of the written permission given by the third party).
- The Service Provider hereby irrevocably cedes all copyright and usage rights which would be owed to them for the Work, as well as the intellectual property, for all countries, without expiry date and without restriction whatever it may be, including, but not limited to, the right to reproduce, copy, edit, alter, adapt, translate, modify or distribute the Work in any kind of file, in any kind of format. the Service Provider explicitly declares acceptance that the Agency signs off their work.
- All knowledge and information acquired as part of this collaboration are subject to conditions of confidentiality.
- The Service Provider commits to consider the Work carried out and its subsequent result, as well as all information, all documents, and other data communicated to the Service Provider by the Agency or by a third party at the request of the Agency in the completion of their work (hereafter: the Confidential Information) as confidential and as the exclusive property of the Agency or of the third party in question. the Service Provider commits to and accepts to keep secret all Confidential Information, and to not divulge it, in whole or in part, to anyone and also commits to not use, without the prior written consent of the Agency, the Confidential Information for ends other than those of the Agency.
- Furthermore, the Service Provider is obliged to keep secret all knowledge and insights revealed to them, as well as anything concerning the documents entrusted to them in the context of their collaboration with the Agency.