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Daakor Deliverable Agreement

Last modified: 15 October 2017

This Agreement relates to the sale and transfer or license of Intellectual Property Rights in Design Plans, which are created by a Daakorator for a Customer via daakor.com.

This Agreement will apply to you in your capacity as either a Customer or Daakorator in respect of the sale and transfer or license of a Design Plan.

When a Customer selects a winning Style Board for their Design Contest, or when a Customer purchases a Style Board from the Style Board Store, the Customer and the Daakorator will be deemed to have entered into a legally binding agreement for the provision of that Style Board and associated deliverables (“Design Plan”) from the Daakorator to the Customer, in each case upon the terms of this Agreement as set out below, unless the Customer and the Daakorator otherwise separately agree in writing.

Parties

The parties to this Agreement are the Customer and the winning Daakorator, which the Customer selects in respect of a Design Contest hosted by the Customer, or the Daakorator from whom the Customer purchases a Style Board on the Style Board Store, as the case may be (“Selling Daakorator”). If there is more than one Selling Daakorator, then the Customer will be deemed to enter into a separate agreement on the terms of this document with each Selling Daakorator.

Date of This Agreement

This Agreement is entered into between the Customer and the Selling Daakorator on the date that the Customer selects the relevant Style Board (“Transferred Design”) as part of a Design Contest or purchases the Transferred Design from the Style Board Store.

Daakor Services Agreement

By using daakor.com, you have agreed to be bound by our Daakor Terms of Use. A copy of that agreement may be found here.

To the extent that there is any inconsistency between the terms of this Agreement, any other agreement between you and another Customer or Daakorator, and the Services Agreement, then those documents will be read in the following order of precedence:

  1. First, the Services Agreement will take precedence over all other documents; and
  2. Second, any separate agreement between you and another Customer or Daakorator will take precedence over this Agreement.

Terms

The following terms and conditions will apply to you in both your capacity as a Customer and as a Daakorator

Definitions

Terms defined in the Services Agreement will have the same meaning in this Agreement.

Provision of the design

The Daakorator hereby agrees to provide and deliver the Transferred Design to the Customer in accordance with the Daakorator’s obligations set out in the Services Agreement.

Assignment of the intellectual property rights

a) This clause will apply if a Customer has purchased the Transferred Design pursuant to a Design Contest.

b) If this clause applies, then upon receipt of payment for the Transferred Design in the form of Daakor Credits (pursuant to the terms of the Services Agreement), the Daakorator hereby assigns to the Customer, all Intellectual Property Rights which the Daakorator has or may in the future have in the Transferred Design.

Liability of Daakor and its third party providers

a) You acknowledge and agree:

  1. Daakor and its third party providers are not parties to this Agreement; and
  2. Daakor and its third party providers shall each not be liable or responsible for any breach of this Agreement by any party to this Agreement.

Miscellaneous

a) Any notice given under this Agreement must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received:

  1. In the case of a notice delivered by hand, when so delivered;
  2. In the case of a notice sent by pre paid post, on the third day after the date of posting;
  3. In the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the dispatching facsimile machine which confirms that the facsimile has been successfully sent; or
  4. In the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient’s email server that the email has been received by the recipient.

b) If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.