Before participating in the call you must accept the regulations THROUGH
Understand that this regulation includes a confidentiality contract with DIMe NETWORK, which at the same time has a confidentiality contract with the participating company.
Unless otherwise indicated, the call is open to anyone without restriction of age or place of residence. However, the participation of minors is subject to parental approval.
The winning presentations will be selected by DIMe NETWORK team according to the following criteria: quality of execution, ability to implement results, relevance with the questions posed in the challenge and originality of the creation.
The winners of a call give the company all their intellectual property rights in their proposal, during the legal term of protection, exclusively and worldwide.
Winners have limited rights to use their work. They can not use it for commercial distribution, sale or any other commercial purpose. They must keep their work confidential and, in the case of a call without a trademark, the identifying data of the company. With the prior consent of the company, the winners can use their work for non-commercial purposes: portfolio of work, broadcast on the personal website or through a personal account on a website to share videos or social network.
The participants accept the confidentiality agreement between the participant and DIMe NETWORK presented in the legal conditions point.
BY ACCEPTING THE CHALLENGE THROUGH WWW.MAKEITHAPPEN.AI
YOU ARE ACCEPTING ALL THE CLAUSES OF THE FOLLOWING
CONTRACT OF PARTICIPATION AGREEMENT
About DIMe Network with registered office at Carrer Aribau 230-240, 7H, 08006
Barcelona, with C.I.F. no. B65745713 according to the writings of power
granted before the Notary Mr. Rafael Castelló Alberti of the law firm Adela
García Arana With the protocol number BT3620617.
And about THE USER OF THE DIGITAL PLATFORM
WWW.MAKEITHAPPEN.AI (hereinafter the participant). The parties, as they intervene, declare having the legal capacity necessary to formalize this contract and, to that effect
E X P O S E
FIRST.- That DIMe NETWORK is dedicated to the development of innovation and co-creation to generate consulting projects.
SECOND.- By this contract, THE PARTICIPANT will participate in the challenge set out by DIMe Network in its digital platform.
THIRD.- The present contract will come into force ON THE DAY IN WICH THE USER FORMALLY AGREES TO PARTICIPATE IN SAID CHALLENGE.
FOURTH.- The resolution of the challenge by the participant will be made under the conditions set out in this contract and in the section of conditions of resolution of challenges exposed in the platform.
FIFTH.- The economic considerations are those that appear IN THE DESCRIPTION OF THE CHALLENGE.
SIXTH.- That, in order to set the terms and conditions under which the provision of the services by PARTICPANTE in favor of DIMe NETWORK will be carried out, the parties agree to formalize this contract subject to the following
FIRST. OBJECT OF THE CONTRACT. ADDITIONAL SERVICES
The purpose of this contract is to PARTICIPATE IN THE CHALLENGE THAT THE USER HAS ACCEPTED THROUGH THE DIGITAL PLATFORM WWW.MAKEITHAPPEN.AI
2.1 Place of provision of the Services
IN THE CASE OF BEING A CHALLENGE WITH OFF-LINE ACTIVITIES The participant will provide the services that are the object of this contract in the place agreed by the parties in each of the phases of development of the services.
2.2. Hardware and Software
The services provided to DIMe NETWORK, and collected within the annexes will be made with hardware equipment owned by the PARTICIPANT. The development of the challenges will take place in the environment marked by the software of the digital platform owned by DIMe NETWORK.
During the time of provided services, THE PARTICIPANT undertakes to resolve, without any cost to DIMe NETWORK, and regardless of the time that this implies, any anomaly or error that may arise.
QUARTER. HUMAN RESOURCES.
THE PARTICIPANT will assign duly qualified and prepared personnel for the realization of the services object of this Contract.
For its part, DIMe NETWORK guarantees that the personnel that will collaborate with THE PARTICIPANT in the provision of said services will also have the necessary skills and training.
THE PARTICIPANT shall appoint a representative to supervise and coordinate compliance on his part with the obligations assumed under this contract. SUCH REPRESENTATIVE WILL BE THE USER TO START A TEAM AND TO GATHER THE USERS TO THEM THROUGH WWW.MAKEITHAPPEN.AI Such representative will be available during the entire term of the project and will hold periodic meetings with THE ADMINISTRATOR OF THE CHALLENGE ON THE WWW.MAKEITHAPPEN.AI PLATFORM in order to review the progress made and resolve any doubts about
its development. THE PLATFORM WILL ALWAYS be the means of valid communication and acceptance among them.
None of the parties, during the term of this contract or in the 6 months following its termination, will directly or indirectly offer a job to the staff of the other party that has been providing or receiving the Services or related to any other way with this Contract. However, this will not prevent any of the parties from hiring personnel who have requested a job
without prior contacts or in response to a general announcement or any other recruitment campaign.
THE PARTICIPANT will bear all personnel expenses related to the execution of the object of this agreement, including any possible expenses derived from accidents, casualties or absenteeism in general.
THE PARTICIPANT assumes for all purposes, with respect to its personnel, the legal status of an entrepreneur with all the rights and obligations inherent to such condition and being.
THE PARTICIPANT is exclusively responsible for the direction, vigilance, dedication and efficiency of said personnel.
FIFTH RESOLUTION AND EFFECTS
Notwithstanding, the expiration date agreed upon in the THIRD Stipulation, each of the parties may terminate this Agreement in advance, in the following cases:
1º. Insolvency manifested by the other party.
2º. Material breach by the other party of any obligations derived for it from this Agreement, provided that it is not possible, by any means, to correct it.
3º. If the breach is rectified, and the infringing party is notified in writing by the other party, it will not take within 15 calendar days the necessary measures for the definitive resolution of the problems.
In the event of termination of the contract, it shall be borne by the party that has breached its obligations all the expenses that its breach generates to the other party.
DIMe Network reserves the right to cancel the contract at any time during its duration, in case the participant fulfills the conditions previously accepted when participating in the resolution of the challenge.
SEVENTH. MATERIAL AND INFORMATION.
7.1 Return and Destruction of Material and Information
THE PARTICIPANT undertakes to deliver, both the equipment or devices used to provide services that are owned by DIMe NETWORK, and in legible magnetic support those data and programs whose intellectual property has DIMe NETWORK or on which it has a license to use.
THE PARTICIPANT undertakes to destroy any information it may have generated based on the Services that are the object of this Agreement, searching for and making disappear in the computers or any other support, any reference to it, provided that it has ceased to be useful or applicable to the project and from that moment and in the same way, without need of special request from DIMe NETWORK.
EIGHTH. PRICE, BILLING AND FORM OF PAYMENT. PRIZE.
IN CASE OF WINNING THE CHALLENGE, the fees that THE PARTICIPANT will receive for the execution of the object of this contract will be FIXED IN THE DESCRIPTION OF THE CHALLENGE IN WHICH HE PARTICIPATES.
THE TOTAL AMOUNT OF THE AWARD WILL BE PERCEIVED EXCLUSIVELY BY THE ADMINISTRATOR / CREATOR OF THE WINNING TEAM, BEING RESPONSIBLE FOR THE EQUITABLE DISTRIBUTION OF THE TEAMS OF THE TEAM.
DIMe NETWORK will issue the payment of the prizes through the PayPal platform. From the entry into force of this contract, THE PARTICIPANT will invoice through the PayPal electronic billing platform, which he says he knows and therefore, will be able to implement without problems.
The accrual of the amounts owed will be made according to the work actually requested by the DIMe NETWORK brand managers regardless of the agreed billing plan.
When the determined payment date does not coincide on a working day, the first working day following the chosen or determined day will be considered as the payment date. For the purposes of this clause, a business day means a day when banks are open for general business in the country where the Buyer is located.
NINTH. AREA OF APPLICATION
The developed works will be used by DIMe NETWORK exclusively and for the Spanish and international territorial scope. THE PARTICIPANT assigns the rights of the work to DIMe NETWORK.
TENTH. RESPONSIBILITIES. OVERWHELMING FORCE.
Each party will be directly responsible, both vis-à- vis the other and against third parties for the breach of the obligations assumed under this contract, and, where appropriate, the damages and losses caused as a result of their execution. In the case of force majeure neither party will be liable for the delay in fulfilling their respective obligations. If as a result of force majeure, any of the parties is delayed in fulfilling their obligations, it will notify in writing immediately to the other requesting a temporary extension, which it will be obliged to grant provided that the first has taken all measures reasonable to prevent the delay resulting from force majeure.
Each of the parties to this agreement will keep the most absolute confidentiality regarding commercial, financial, technical and legal information to which both parties have access as a consequence of this agreement, which is the property of each of the parties, not being the intention of the same reveal it to third parties. This obligation will have indefinite character so it will continue in force even after the termination of this agreement.
The notifications between both companies related to this Contract will be made in writing and will be delivered by any means that allows proof of receipt.
In order to send the appropriate notifications and communications between the parties, the following addresses are established as their respective addresses:
Address: Carrer d'Aribau 230-240, 7H, 08006, Barcelona
Tel: (+34) 93 3482645
Contact person: ADMINISTRATOR OF THE CHALLENGE THAT IS TRYED TO RESOLVE
YOUR USER DATA ON THE WWW.MAKEITHAPPEN.AI PLATFORM
Any change or modification of the data established in this point must be communicated to
the other party in writing.
THIRTEENTH. DATA TREATMENT
THE PARTICIPANT expressly authorizes DIMe NETWORK and vice versa, to include their identifying data in the Database of their property for their exclusive use and that of their subsidiary and investee companies, in order to maintain the existing commercial relations, to send them the appropriate information business, to make in their favor the corresponding payments, and proceed to their internal use as well as to the fiscal, accounting and administrative management of the same. The treatment of the aforementioned data will be done in accordance with the content of Organic Law 15/99, of December 13, on Data Protection.
Notwithstanding the foregoing, the authorizers may, at any time, exercise their rights of access, rectification, opposition and, where appropriate, cancellation in relation to their data, by written communication addressed to DIMe NETWORK and THE PARTICPANTE.
Entities responsible, in each case, for the file, at the address shown in the heading of this contract.
The rights of exploitation of the creative conceptions and realizations that THE PARTICIPANT believes for DIMe NETWORK in the execution of this contract are exclusively transferred to DIMe NETWORK, for unlimited use in Spain and during the term of this contract.
Notwithstanding the provisions of the preceding paragraph, if for the provision of the services subject of this contract, the participation of third parties in the realization of the advertising creations is necessary, the Parties agree that the scope of the transfer of exploitation rights over the same to DIME NETWORK will be determined by the Parties in each case in accordance with the budgets approved by the Parties for the Campaign in question and always within the limits allowed by the applicable regulations. The presence of "freelancers", models in advertising creation, file documentation, etc. both in terms of space and in terms of time, will be agreed on a case by case basis between the parties.
THE PARTICPANTE undertakes to safeguard and preserve the materials and documents that are in his possession, property of DIMe NETWORK. To this end, DIMe NETWORK undertakes to adopt the pertinent measures in order to safeguard the ownership of said materials and documents. However, DIMe NETWORK will not be responsible for any loss or deterioration that is not attributable to the negligence of PARTICPANTE itself.
FIFTEENTH. ASSIGNMENT OF THE RIGHTS DERIVED FROM THE CONTRACT.
DIMe NETWORK may assign its rights to other companies of the group in Spain. Except in this case, neither party may assign to third parties the rights and obligations deriving from this Agreement, unless expressly agreed between the parties.
SIXTEEN. APPLICABLE LEGISLATION AND JURISDICTION.
This Agreement shall be governed by and construed in accordance with Spanish law and, for the resolution of any dispute or issue that may arise from the interpretation or application thereof or related to it, the parties expressly submit to the jurisdiction of the courts and tribunals of Barcelona "Capital", renouncing the jurisdiction that, in its case, may correspond to them.