Work Agreement
This Work Agreement (“Agreement”) is entered into between DigitalYoog Media (“Company”) and the Client (“Client”). This Agreement outlines the terms and conditions under which the Company will provide services to the Client. By engaging the Company’s services, the Client agrees to the following terms:
1. Scope of Services
1.1 Services Provided:
DigitalYoog Media will provide digital marketing, public relations, content creation, web development, app development, and any other services as specified in the proposal or agreement document.
1.2 Deliverables:
The specific deliverables and timelines will be outlined in the project proposal, statement of work, or similar document provided to the Client.
2. Term and Termination
2.1 Term:
This Agreement will commence on the effective date specified in the agreement document and will continue until the completion of the services unless terminated earlier by this Agreement.
2.2 Termination by Client:
The Client may terminate this Agreement with a 30-day written notice to the Company. In such a case, the Client will be responsible for payment for all work completed up to the date of termination.
2.3 Termination by Company:
The Company reserves the right to terminate this Agreement at any time with a 30-day written notice to the Client. In such cases, the Company will refund any prepaid fees for services not yet rendered.
2.4 Immediate Termination:
Either party may terminate this Agreement immediately if the other party breaches any material term or condition of this Agreement and fails to cure such breach within 15 days of receiving written notice of the breach.
3. Fees and Payment
3.1 Fee Structure:
The fees for the services will be outlined in the project proposal, statement of work, or similar document. Fees may be based on hourly rates, project milestones, or a fixed fee as agreed upon.
3.2 Payment Terms:
Invoices will be issued according to the schedule outlined in the agreement document. Payments are due within 30 days of the invoice date unless otherwise specified.
3.3 Late Payments:
Late payments may incur a late fee of 1.5% per month on the outstanding balance. The Company reserves the right to suspend services if payment is not received within 60 days of the invoice date.
4. Confidentiality
4.1 Confidential Information:
Both parties agree to keep all confidential information shared during this Agreement strictly confidential. Confidential information includes but is not limited to business plans, marketing strategies, financial information, and any other proprietary information.
4.2 Non-Disclosure:
Neither party will disclose any confidential information to any third party without the prior written consent of the other party, except as required by law.
5. Intellectual Property
5.1 Ownership:
All intellectual property created by the Company in the course of providing services under this Agreement will remain the property of the Company until full payment has been received. Upon full payment, the intellectual property rights will be transferred to the Client.
5.2 License:
The Company grants the Client a non-exclusive, non-transferable license to use the deliverables for their intended purpose upon full payment.
6. Warranties and Disclaimers
6.1 Warranties:
The Company warrants that it will perform the services with reasonable care and skill.
6.2 Disclaimers:
The Company does not guarantee specific results from the services provided. All services are provided “as is” without any additional warranties, express or implied.
7. Limitation of Liability
7.1 Liability Cap:
The Company’s total liability under this Agreement for any claim will not exceed the total fees paid by the Client for the services under this Agreement.
7.2 Exclusion of Certain Damages:
In no event will the Company be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement.
8. Indemnification
8.1 Client Indemnity:
The Client agrees to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses arising out of or in connection with the services provided under this Agreement.
8.2 Company Indemnity:
The Company agrees to indemnify and hold harmless the Client from any claims arising out of the Company’s negligence or willful misconduct in the performance of services under this Agreement.
9. Miscellaneous
9.1 Governing Law:
This Agreement will be governed by and construed in accordance with the laws of the jurisdiction specified in the agreement document.
9.2 Dispute Resolution:
Any disputes arising under this Agreement will be resolved through mediation. If mediation fails, disputes will be subject to binding arbitration in the specified jurisdiction.
9.3 Entire Agreement:
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to its subject matter.
9.4 Amendments:
Any amendments to this Agreement must be in writing and signed by both parties.
9.5 Severability:
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Contact Information:
DigitalYoog Media
Email: admin@digitalyoog.com
Phone: +91-70008-97284
Address: 1/97, Om Heera Panna Mall, Andheri West, Mumbai 400102
By engaging DigitalYoog Media’s services, the Client acknowledges that they have read, understood, and agree to be bound by the terms and conditions outlined in this Work Agreement.