ESSEN­TIALS OF FREE­LANC­ING AGREE­MENT

Libertatem Magazine - - Igniting Minds -

Draft­ing Agree­ment has be­come easy th­ese days with all the help avail­able through var­i­ous re­sources, es­pe­cially In­ter­net. As a Free­lancer th­ese are the few essen­tials which must be present in the Agree­ment so that you do not suf­fer at any stage. While draft­ing one should keep in mind all the be­low-men­tioned points. Quote the Charges: Spec­ify whether you charge by hour or by com­plete project. This pre­vents from your pay­ment be­ing with­hold later. In case you charge on hourly ba­sis add the min­i­mum and max­i­mum work-hour clause which will be ben­e­fi­cial for both the par­ties. Pay­ment Sched­ule: It refers to when the Client is sup­posed to make pay­ments-point of time and the num­ber of in­stall­ments with the per­cent­age of pay­ment for each. You may choose from the op­tions 2 in­stall­ments like 50-50 or of 3 in­stall­ments like 50-25-25 or 40-40-20. Tim­ings as first in­stall­ment up­front, sec­ond with the first draft and last af­ter de­liv­er­ing the fin­ished draft. The next point is to make the mode of pay­ment clear i.e. di­rect trans­fer or via Cheque.

Soli­tary Con­tact: In or­der to avoid all the con­fu­sion and dou­ble-work make sure need to re­port to a sin­gle per­son. This means that the feed­back and edit­ing has to go through this one per­son. Where there is more than one per­son in charge of this, it will be­come very dif­fi­cult to sat­isfy all.

Com­pen­sa­tion Fee Clause: This clause saves you from be­ing un­paid in case the project gets can­celled and you have al­ready started work­ing on it. You can ask for com­pen­sa­tion ac­cord­ingly for the time and ef­fort put into the project which could have been uti­lized on some other project. You will need to men­tion the % of the amount you would charge in this case.

Open for free Re­vi­sions and Rewrites: Quot­ing the num­ber of free re­vi­sions will save you from re­vis­ing or rewrit­ing the draft nu­mer­ous times in case your client seems to be dif­fi­cult per­son to sat­isfy in terms of work. Also the client would try and point out all the re­quire­ments to be re­vised in free re­vi­sions rather than pay for the same. Nor­mally 2 free re­vi­sions can be of­fered and max­i­mum 3.

Pay­ment for Ad­di­tional re­quire­ments: It hap­pens that in good terms we start adding con­tent to the draft which is out of scope on the re­quest of the Client, think­ing that it will not take so much time. But what if this starts hap­pen­ing ev­ery now and then. In that case it is es­sen­tial that we have added this clause, which will get us paid for any work done out of scope.

Re­serv­ing Copy­rights till the fi­nal pay­ment is re­leased:

This works in favour of both the par­ties. The Client can­not run away with­out pay­ing for the work and pub­lish­ing it and the free­lancer can­not sell the same con­tent to any other client. As soon as the full pay­ment is made to the free­lancer, the copy­rights are bought by him.

Here is the Dead­line: This fac­tor helps you to stream­line the other projects that you wish to take up in fu­ture. A vague dead­line can lead to a big prob­lem for both the

par­ties at some point of time. There­fore, pen down the dead­line for the project on which you and your client agree upon.

Link for the for­mat: https://www.the­bal­ance.com/sam­ple-con­tract-a-let­terof-agree­ment-1360549

CON­SE­QUENCES OF BREACH­ING A CON­TRACT:

In case any of the party to this Agree­ment does not per­form his obli­ga­tions, or ex­pressly re­fuses to per­form the con­tract, this will be termed as Breach of Con­tract. The Party re­fus­ing to per­form his obli­ga­tions is the de­fault­ing party and the other one is the ag­grieved party.

Apart from once rep­u­ta­tion be­ing in­jured, it is for sure that the ag­grieved party would have all the rights to sue the de­fault­ing party in court of law. This will also cause a de­lay and loss to the ag­grieved party in terms of work/money till the suit is de­cided in the court.

REME­DIES FOR THE BREACH OF CON­TRACT:

In case of Breach of Con­tract, the fol­low­ing reme­dies are avail­able to the ag­grieved party (free­lancer or client)

1.Spe­cific per­for­mance of Con­tract: This rem­edy is brought into pic­ture when the mone­tary dam­ages are in­ad­e­quate or won't pro­vide the ag­grieved party with ad­e­quate com­pen­sa­tion for the breach. The par­ties are com­pelled to stick to the agree­ment and per­form to what they had agreed in the agree­ment. As per this rem­edy, the court forces the de­fen­dant to per­form the spe­cific con­tract terms that have not been per­formed or to re­frain from en­gag­ing in some ac­tiv­ity that is pro­hib­ited by the con­tract.

2.Claim for Dam­ages: The ag­grieved party can claim for liq­ui­dated dam­ages un­der this rem­edy. The term ‘Dam­ages´ means com­pen­sa­tion in terms of money for the loss suf­fered by the in­jured party. Here there is a need to iden­tify the ‘re­mote­ness of dam­age’ and ‘mea­sure of dam­ages’. Sec­tion 73 and 74 of In­dian Con­tract Act 1872 deal with pro­vid­ing com­pen­sa­tion to the ag­grieved party in de­tail.

3.In­junc­tion: It is a rem­edy that pro­hibits the de­fault­ing party from a par­tic­u­lar act. There are dif­fer­ent cat­e­gories of In­junc­tion like Tem­po­rary, Per­ma­nent, Pre­lim­i­nary etc. which can pro­vide re­lief to the ag­grieved party in this case.

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