Coding auction contract

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Contract for information technology consulting weekend for hire as won in auction

A contract between a bidder who has won an auction as maintained at skullspace.ca for this contract and the individuals, Mark Jenkins, ?, ?, who are hereby collectively referred to as the contractor or members of contractor.

Contractor will be available subject to the limitations from the "availability limitations" section between the hours of 6pm CDT May 20, 2011 and 6pm CDT May 22 2011, hereafter known as the 48 hour period to provide information technology consulting as directed by bidder and subject to the limitations in "limitations of computer consulting" section.

Any new computer files created by contractor relevant to work directed by bidder will be delivered by of 8pm CDT May 22, 2011 directly to bidder's email address or in the form of instructions to bidder's email address describing retrivial of said files via an internet based service. Relevant files does not include files that can be generated from provided source-code or simalar files, operating system files, or files from third party software installed.

Contractor will provide computer consulting services on a best-effort basis using thier existing skills and knowledge (as documented in the provided profiles) and acquire any additional skills and knowledge as self-directed within the 48 hour period as appropriate towards work for the bidder.

Each member of the contractor team has at least one personal computer available to them for use during the 48 hour period.

Contractor will operate from a common site in Winnipeg with at least 300kbit up / 3Mbit down internet service, and/or from locations in Winnipeg under the control of bidder as directed.

Availability limitations

Individual members of contractor will remain at designated work site(s) and remain engaged in work as directed by bidder for the duration of the 48 work period with the following exceptions:

  • Contractor members will take small breaks on or near work sites as self-directed to maintain mental and physical health.
  • Contractor members will be absent from work sites as self-directed for sleep, nutritian, and hygine and any transportation time required for those.
  • Additional availability restrictions per member:
    • Mark Jenkins: Has a 24 hour system administration availability contract where he can be reached by cell phone and asked to work in the event of a serious system outage for multiple customers. Has not in the past been called into service too often and when he has these occassions have not required his attention for very long periods of time. Mark will be temporarilly unavailable

All of the individual contractor members have signed statements on file with Skullspace indicating they will be exclusively available for the 48 hour period subject to the limitations above.

No additional contract

This contract between bidder and contractor is the only contract with respect to the designed 48 hour information technology consulting weekend. Contractor will not negotiate additional terms with a winning bidder; including with respect to non-disclosure, confidentiality, and privacy. (see next section)

Matters of confidentiality and privacy between parties restricted to criminal law only

All of the individual contractor members have signed statements on file with Skullspace indicating they are aware and understand that they could be liable for any breach of bidder confidentiality or privacy as provided by Canadian criminal law and that the scope of criminal law in Canada would include unauthorized publication of bidder's written materials, including but not limmited to source code under bidder's posession and publication of authentication credentials.

No additional protections with respect to privacy and confidentiality are offered by this contract beyond those provided by the Canadian criminal code -- including, but not limmited to additional non-disclosure terms commonley agreed to in information technology consultancy situations under commercial cival law. A non-disclosure agreemment does not exist between contractor and bidder.

Included under the contractor's understanding of this limitation is that publication and/or re-use by individual contractor members of technological techniques encountered in the course of this 48 hour period would be lawful; regardess of wether the technique originated with the contactor or bidder.

Bidder's with valuable trade secrets in the form of technological techniques that the contractor may come into contact with are strongly advised to consider other avenues for acquiring information technology consultancy services before bidding -- and are further advised to consult a lawyer regarding what would consititute a criminal disclosure if still proceding with bidding on this contract.

Bidder is required under this contract to inform contactor if they believe that there is a technological technique that the contractor could or has come into contact with where disclosure by contractor would be a criminal matter. Bidder is required to provide to contractor any reasoning in written or oral form available to them that explains why such disclosure would be a criminal matter.

Copyrights

Any software or software changes developed by contractor during the 48 hour period are copyright the bidder.

Contractor may propose to bidder that additional software under the copyright of individual contract members or third parties also come into use or future use by bidder and will provided the terms under which additional software may be used by bidder.

In the absence of and/or while waiting for responses from bidder in regard to additional software, contractor will procede with work in ways they believe are in the bidder's best interest. Contractor will refrain from the use of additional software when directed by bidder.

Patent Neutrality

Bidder and contractor agree to not file patents in any jurisdiction for any patentable invention discovered/created by contractor during the 48 period. Both bidder and contractor may opt without the permission of the other to publish a description of the invention along with this contract to establish prior use.

Limitations of information technology consulting

Individual members of contractor stipulate the following restrictions on work they will perform:

  • Mark Jenkins - Will not add additional code or create fixes to published proprietary software; defined as software available to multiple indepenent parties in the commercial market that does not meet the free software definition as published by the Free Software Foundation (USA). Mark is available to work on private software, (which is most of which is out there), to keep it that way and to work with and to use published proprietary software in that capacity.

Each contractor member has signed a statement on file with Skullspace stating that subject to the above limitations they are not restricted by other duties of employment or contract from participating in this 48 hour work period.

Contact with bidder

Contractor will remain available by email and IRC (freenode) to bidder as per availability limitations throughout 48 hour work period for progress updates and task direction. When contractor has sent off decisions to be made or diclosures of the introduction of additional software as per copyrights section. While waiting, or in the abcence of bidder commuications, contractor will continue to work and use time in what they self-direct to be the bidder's best interests.

Use of tools, libraries, and other software

Provision of software and additional tools need by contractor to perform work

Limitation to IT possibilities in 48 hours and costs beyond 48 hour period

Adjourment

In the event of a personal, family, environmental, or broad social emergency, or other circumstances where it is not reasonable for contractor to continue working -- the contract will be adjourned and resumed with equivilent time remaining when the contractor members are next able to do so.