📜 ⬆️ ⬇️

Pot about a pot

Studios make sites that order organizations. It so happens that the client company falls apart, is reorganized or the founders divide the business. Then you have to somehow share the site too. It is possible in half. More often - one partner buys from the second share.

Always such things should be made legally. How to make it so that everything was described exactly and the studio was not between the hammer and the anvil?

I propose for an example (there can be no samples here) an agreement on the division of rights. All the specifics of your situation will have to write yourself, here only approximate provisions.
So.
Trilateral transfer agreement
Additional agreement No. __ to the contract for the creation of software WEB-site No. _______ dated _______

City "__" ____

')
Important : We issue this as an additional agreement, although it is probably more legal to create a separate document more legally, since not exactly the same subjects appear in the new document as in the old one. I do not know any direct prohibitions, but the lawyer made such a remark.

Limited Liability Company “Studio”, hereinafter referred to as the “Contractor” in the person of _________________, on the one hand, Vasya, hereinafter referred to as the “Rights Holder” (in the contract No. ___________________ referred to as the “Customer”), on the other hand, and Peter, referred to as hereinafter referred to as the “Beneficiary”, on the third party, collectively referred to as the “Parties”, entered into this Supplementary Agreement to Contract No. _______ dated ______________ on the following:

Important : list all the parties and assign them understandable pseudonyms so that the text can be read later.

1. Subject of the agreement
1.1. Under this supplementary agreement, the “Parties” recognize that:
The Contractor has completed all the works on the implementation of the Agreement No. __________, and the Rightholder has fully paid for the work performed. The software created as part of the implementation of the Agreement No. _____________ in this additional agreement is called the program code and database of the site _____________.ru (located on the server intervolga.ru in the directories / home / __________ / and / home / mysql / _______________ / respectively) their status as of July 26, 2007.


Terms have to be defined. My option, I'm sure, is not the best, but it is quite specific.
Important : describe in subparagraphs of paragraph 1. all the nuances that seem significant to you.
1.2. The Rightholder shall transfer to the Beneficiary all property rights to the software developed by the Contractor in the framework of the implementation of the Contract No. _____________, the right to receive software support from the Contractor. The Contractor undertakes to provide warranty support of the Software for the Beneficiary in accordance with Appendix 2 to Contract No. ____________________ within 6 months from the date of signing this supplementary agreement.

The point about technical support, of course, is optional.
1.3. Transfer listed in p. 1.2. rights from the Law Beneficiary to third parties is possible only by concluding a tripartite Additional Agreement between the Contractor, the Law Beneficiary and a third party.

It was important for us that these rights and our obligations did not go somewhere to Canada, for example, together with technical support, or were not shared between us by several other persons.
1.4. According to Chapter 4 of the Civil Code of the Russian Federation, the copyright of the structure and principles of operation of the software is retained by the Rightholder, and the copyright for the implementation of the software is retained by the Contractor.

We had it so that everyone wanted to continue the business himself, and such an item was important.
1.5. The Rightholder and the Contractor shall independently retain the right to develop software of a similar purpose and apply to any persons with an order to develop any similar software.

Money and terms
2. Terms of payment and agreement price
2.1. This Addendum is made in three copies of equal legal force and comes into force upon signature by the three parties ...
2.2. This supplementary agreement does not generate financial obligations between the Parties.

Financial obligations, of course, can be. You just write who, to whom, when and how much it pays or deducts in the future.
3. The procedure and deadlines for the fulfillment of obligations
Additional agreement is concluded for an unlimited period.

I recommend to specify the time of transfer of rights and passwords, and also, perhaps - the method of such transfer. We did not do this, because legally enshrined what actually happened long ago.
Domains, hosting, admin - you know, a lot of nuances.

Standard clauses, you can take them from any contract that I previously published.
4. Force Majeure
...

5. Dispute Resolution Procedure
...

6. Procedure for amendment and termination of the contract
...

7. Addresses and details of the parties.

Vasya _____________
Petya _____________
Artist ______


This kind of paper was created by us about a year ago, and it was literally needed today — we found it, wiped it from dust, and in five minutes we found out everything needed to be clarified by one of the parties. It is useful.

ps. I would be grateful for clarification.

Source: https://habr.com/ru/post/40018/


All Articles