Design Transfer Agreement

This Agreement governs the sale, transfer, and licensing of Intellectual Property Rights in Designs created by designbychaker.pl for a Customer. This Agreement applies to you in your capacity as a Customer receiving a transfer or license of a Design. Upon receipt of the final handover files for a project, or upon the purchase of a design from our store, the Customer is deemed to have entered into a legally binding agreement with designbychaker.pl under the terms set out below, unless otherwise agreed upon in writing.

The parties to this Agreement are the Customer and the Designer representing designbychaker.pl.

This Agreement becomes effective on the date the Customer selects the specific Design (“Transferred Design”) or completes the purchase of the Transferred Design through our platform.

By utilizing designbychaker.pl, you acknowledge that you are bound by our general Terms of Use. This Transfer Agreement acts as a supplement to those terms.

The following terms and conditions apply to both the Customer and the Designer regarding the transfer of work.

Terms defined in the general Services Agreement shall hold the same meaning within this specific Design Transfer Agreement.

The Designer agrees to provide and deliver the Transferred Design to the Customer in full compliance with the obligations established in the core Services Agreement.

Upon full receipt of payment for the Transferred Design, the Designer hereby assigns to the Customer all Intellectual Property Rights (IPR) which the Designer currently holds or may acquire in the future regarding the Transferred Design. This assignment grants the Customer full ownership of the creative work.

The Designer warrants that, prior to supplying the Transferred Design, any third-party Intellectual Property Rights incorporated into the work have been disclosed to the Customer.

If the Design incorporates third-party elements:
– The Designer warrants they have obtained a valid license for such elements.
– If the license is transferable, the Designer hereby assigns all rights and obligations of that license to the Customer.
– If the license is non-transferable, the Designer must notify the Customer before delivery, ensure the Customer can obtain a license in their own name, and provide clear instructions on the costs and methods to do so.

Unless explicitly stated otherwise, the Designer warrants that any third-party license provides the Customer with a worldwide, royalty-free, and perpetual right to display and reproduce the design.

The Designer agrees to indemnify and hold harmless the Customer and designbychaker.pl against any loss, cost, or damage arising from a breach of these third-party IP warranties.

You acknowledge and agree that designbychaker.pl and its third-party providers act as facilitators and are not liable for breaches of this agreement between individual parties. However, designbychaker.pl reserves the right to rely on the indemnity provisions set out in this agreement to protect its professional interests.

Any formal notice required under this Agreement must be in writing. Email notices are considered received upon confirmation of receipt by the recipient’s server.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be severed without affecting the validity of the remaining terms.

This agreement is governed by the laws of the Republic of Poland and the European Union. Both parties submit to the exclusive jurisdiction of the competent courts in Poland for any disputes arising from this contract.

As many of our projects are managed through high-standard design platforms, these terms are designed to mirror industry-leading protections for both the creator and the client.