This Agreement, effective from
01/12/2020
Narola Gems, a company organized and existing in Mumbai, Maharashtra with Office located at
CC-2201, 2nd Floor, Bharat Diamond Bourse, Bandra Kurla Complex, Bandra (East), Mumbai 400-051, INDIA.
and Doodler’s Diary, a firm organized and existing in Maharashtra with office registered at
209, V-Star Plaza, Chandavarkar Road, Borivali(W), Mumbai-400092
.
WHEREAS:-
Pursuant to negotiations, the client has agreed to appoint the Service provider to render certain services and the Service provider has accepted the appointment effective from 01 st December, 2020 for Social Media Content Design and Development. The detailed description of the works/services to
be performed under this agreement is illustrated within the previously shared "Scope of Work".
Client shall describe the specifics of such works/services, the compensation to be paid and the schedule, under which such works/services shall be provided, subject to the terms and conditions of this Agreement.
Now, Therefore, for good and valuable consideration of the terms and conditions, the Parties, intending to be mutually bound, agree as follows:
Now this Agreement witnesseth as under:-
1. Term
Unless terminated at an earlier date in accordance with this Agreement, the term of this Agreement shall be effective from 01/12/2020 and continue for
3 Months,
after that date with a 2 months pilot run commitment on agreed compensation and revised compensation thereafter. Post pilot run compensation and commitment shall be issued through a modification to this agreement.
2. Service Expectations and Acceptable Criteria
The detailed description of the works/services and the works/services to be performed under this agreement is illustrated within the previously shared "Scope of Work".
Extension of the period of performance of this agreement may be granted by Narola Gems, agreed to in writing and signed by both parties during the term of this agreement.
3. Termination
Minimum locking period for this agreement is 6 months. In-case of termination in between or post pilot run client shall pay the compensation for this period in full. Also, such intention shall be expressed in writing thirty (30) days prior.
4. Intellectual Property and warranty of services
Doodler’s Diary shall retain all rights to pre-exiting ideas, processes, and procedures used by it in providing works/services to company. It warrants that the intellectual property and products it will produce/make, shall be original and shall not infringe any third party’s patents, trademarks, trade secrets, copyrights or other proprietary rights.
Doodler’s Diary agrees that services shall be performed hereunder in a professional and workmanlike manner and that the intellectual property and products it provides to company shall meet the requirements set forth on the previously shared "Scope of Work".
Doodler’s Diary agrees that from time to time, upon request and without charge for its services beyond the payments herein specified, it shall assist Narola Gems and its nominees in every proper way during and subsequent to the term of the Agreement (entirely at Narola Gems expense).
5. Limitation of Liability
Neither party shall be liable to the other party for especial, indirect, consequential, or incidental losses or damages of any kind or nature whatsoever, including but not limited to lost profits, lost records or data, lost savings, loss of use of facility or equipment or other costs, charges, penalties or liquidated damages.
In Providing Services to Company, consultant shall be acting as an independent firm and not as an employee or agent of the company.
Doodler's Diary will not be responsible for any media buying under this retainer and the cost involved in any project will be borne by the client.
The client will be charged for the cost of images and any other outsourced material used in the project separately. Prior approval of the client for this will be required.
6. Payment & Budget
Amount of INR 20,000+Taxes to be received as monthly retainer amount for the first 2 months and to be decided mutually for the rest 10 months post pilot run.
Monthly Retainer amount of INR
INR 20,000 + Taxes
will be payable before 5th day of every month for the previous/running month, failing upon which Doodler’s Diary reserves the right to halt any ongoing processes.
Please Note:- Budget mentioned for scope of work is purely agency service fee it does not include any media or Ad budget Ad budget for any digital media expenses shall pe paid in advance along with the weekly installment amount.
7. SERVICE TAX AND OTHER TAXES
18% of GST will be applicable on every billing.
All the statutory payments such as GST, VAT (including any changes due to any amendment brought about in the respective act), shall be borne by the client alone.
