STANDARD TERMS OF THE AGREEMENT
This Standard Terms Service Agreement (hereinafter referred to as the “Agreement”) is made and entered into by and between:1. 4W Services (hereinafter referred to as the “Company”), a company duly incorporated under the laws of the Republic of Cyprus, with its registered office located at Arch. Makariou III, 169-171, ANTWORK BUILDING, Floor 1, 3027, Lemesos, Cyprus; and2. The Individual Contractor (hereinafter referred to as the “Contractor”), a self-employed individual or individual entrepreneur who agrees to the terms of this Agreement by registering on the platform 4wservice.com and providing services to the Company under this Agreement.RECITALSWHEREAS, the Company requires professional services for various IT and marketing-related tasks;WHEREAS, the Contractor possesses the skills, qualifications, and experience necessary to provide such services;WHEREAS, the parties wish to establish a non-exclusive framework under which the Contractor may perform services for the Company on a task-by-task basis;NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the parties agree as follows:1. SCOPE OF SERVICES1.1 The Contractor agrees to provide professional services, which may include, but are not limited to:- Software development;
- IT consulting;
- Marketing strategy and consulting;
- Copywriting and content creation;
- Other related tasks as specified by the Company from time to time.
1.2 The services will be performed on an as-needed basis, as requested by the Company and agreed upon by the Contractor.1.3 This Agreement does not obligate the Company to assign tasks or the Contractor to accept tasks unless both parties mutually agree.2. INDEPENDENT CONTRACTOR STATUS2.1 The Contractor is an independent contractor and not an employee, agent, or representative of the Company. Nothing in this Agreement shall be construed to create any employment, partnership, or agency relationship.2.2 The Contractor shall have full control over the manner and means of performing the services, subject to the specific requirements of each task.2.3 The Contractor is solely responsible for all taxes, social contributions, and other obligations arising from their work, in accordance with the laws of their country of residence.3. COMPENSATION3.1 The Contractor shall issue an invoice to the Company for services rendered under this Agreement. The invoice shall specify the services performed, the agreed compensation, and the payment details.3.2 Payment will be made in Euros (€) or United States Dollars (USD), as specified by the Contractor in the invoice.3.3 The Company shall remit payment within thirty (30) calendar days of receiving a valid invoice, provided that the services have been satisfactorily performed and accepted by the Company.3.4 The Contractor acknowledges that they bear all responsibility for ensuring compliance with applicable tax and banking regulations in their jurisdiction.4. CONFIDENTIALITY4.1 The Contractor agrees to treat as confidential all information disclosed by the Company, whether orally or in writing, and whether marked as confidential or not, in connection with this Agreement (“Confidential Information”).4.2 The Contractor shall not disclose confidential Information to any third party without the prior written consent of the Company.4.3 This confidentiality obligation shall survive the termination of this Agreement for a period of five (5) years.5. INTELLECTUAL PROPERTY5.1 Any deliverables created by the Contractor as part of the services under this Agreement (“Work Product”) shall be deemed the sole property of the Company, and all intellectual property rights therein shall vest in the Company upon full payment for the services.5.2 The Contractor retains the right to use general knowledge, skills, and expertise acquired during the performance of services, provided that such use does not breach confidentiality obligations.Deliverables:a) The Contractor hereby assigns to the Company all IPR in the Deliverables, with a full title guarantee and free from any third-party claims;b) The Contractor waives all rights in the Deliverables to ensure the Company’s unencumbered usec) Upon the Company's request, the Contractor agrees to perform, or cause to be performed, all necessary actions and execute all documents necessary to secure for the Company all rights, title, and interest in the IPR assigned hereunder.Warranties and Indemnification:a) The Contractor warrants that the use of the Services and Deliverables by the Company (excluding any Company Materials) will not infringe on any third party’s IPR.b) The Contractor shall indemnify and hold the Company and its affiliates harmless against all liabilities, costs, expenses, damages, and losses (including but not limited to direct, indirect, or consequential losses, loss of profit, loss of reputation, and all legal costs on a full indemnity basis) that may arise from any breach of the warranties given in subparagraph (a) or from the use or supply of the Services and Deliverables (excluding Company Materials).6. TERM AND TERMINATION6.1 This Agreement is deemed concluded upon the acceptance of the public offer by the Contractor. Acceptance is confirmed by the Contractor starting work based on the terms outlined in this Agreement. Upon commencement of work, the Contractor shall issue an invoice for the agreed services. The Company shall be obligated to pay the invoice within the agreed payment terms.6.2 Either party may terminate this Agreement at any time, with or without cause, upon giving seven (7) days’ written notice to the other party.6.3 Termination of this Agreement shall not affect any rights or obligations that accrued prior to termination.7. REPRESENTATIONS AND WARRANTIES7.1 The Contractor represents and warrants that:- They have the necessary qualifications, licenses, and permits to provide the services;
- They will perform the services in a professional and diligent manner;
- They will comply with all applicable laws and regulations.
7.2 The Company represents and warrants that it will provide accurate and timely instructions and cooperate reasonably with the Contractor.8. LIMITATION OF LIABILITY AND OBLIGATIONS OF THE PARTIES8.1 The Company shall not be liable for any indirect, incidental, or consequential damages arising from the Contractor’s performance under this Agreement.8.2 The Contractor’s total liability for any claims arising under this Agreement shall not exceed the amount of fees paid to them under this Agreement.8.3. The Company is obliged to: - pay the service fee to the Contractor on time;
- provide the Contractor with the necessary items and documentation to provide the service in a timely manner;
8.4. The Contractor is obliged to:- fulfill the obligations under the present Agreement in a timely manner, at the appointed time;
- ensure the quality of service performance, as the Parties have agreed on in advance. Also, the performance shall be in accordance with the quality and standards generally accepted in the said field;
8.5 The Parties shall be liable for non-performance or improper performance of obligations undertaken by this Agreement. The Party in breach shall pay to the other Party the damages caused by such non-performance of improper performance.8.6. In case of delay in payment of the compensation for works stipulated hereby the Contractor shall be entitled to impose a fine on the Company, and the Company shall be obliged to pay to the Contractor a fine in the amount of 0.1% of the outstanding amount per each day of delay.8.7. In case of delay in the deadline for the completion of the work provided by the contractor, the Company has the right to charge the contractor a penalty, and the contractor is obliged to pay - in the amount of 0.1% for each overdue day.9. GOVERNING LAW AND DISPUTE RESOLUTION9.1. The validity, interpretation, construction, and performance of the Agreement shall be governed by the Laws of Georgia.9.2. Any dispute and/or controversy arising under or in connection with the Agreement shall be resolved by good faith negotiations. The Parties shall attempt to resolve their dispute through negotiations within no more than 1 (one) month after the dispute and/or controversy arises.9.3. In case the Parties fail to resolve their dispute and/or controversy through good faith negotiations, the Courts of Georgia shall have exclusive jurisdiction over the dispute and/or controversy.10. GENERAL PROVISIONS10.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.10.2 Amendments: Any amendments to this Agreement must be made in writing and signed by both parties.10.3 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.10.4 Notices: All notices under this Agreement shall be sent via email or any Messenger (telegram, whatsapp and etc.) the parties or their representatives own registered mail to the addresses provided by the parties.IN WITNESS WHEREOF, the parties agree to the terms of this Agreement.