THIS AGREEMENT (the “Agreement”) is entered by and between Yang Burz Home (Hereafter referred as “indexer”) and ________________________________ ____________ (hereafter referred as “ client”).
DESCRIPTION OF SERVICES. The indexer will provide index (hereafter called “work”) on receipt of the proofs / other documents and deliver the same to the client on or before the mutually agreed upon deadline.
TERMS OF PUBLICATION: The Client understands and acknowledges that the Indexer owns the Work until final payment is made by the Client to the Indexer. Once the final payment is received by the Indexer, however, the Indexer understands and acknowledges that ownership passes to the Client, and the Client has the right to apply for and obtain copyright protection for the Work.
COMPENSATION: The Client agrees to pay indexer a fee of _______ per page of indexable text for preparation of the Work. Full and final payment of this fee will be made upon Acceptance. Interim payments will be made by the Client to the Indexer according to the following schedule, invoiced with the following schedule of deliverables:
ACCEPTANCE OF WORK: The Client will accept the Work ( hereafter called “Acceptance”) if the Indexer delivers the Work in a form and content in accordance with proper and agreed indexing style and satisfactory for the market for which the Work is intended. If the Client does not accept the Work, the Client has no right to use or publish any portion of the Work.
PAYMENT FOR SERVICES : The client shall pay the mutually agreed upon fee ------------$ within the date of deliverance of the index before the copy rights of the work is transferred to the client.
TERMINATION OF THE SERVICES: The agreement shall be deemed terminated automatically if the indexer fails to deliver the index on or before the deadline, ----------------- OR if the client cancels the services after paying the 10 % of the mutally agreed upon fee as penalty.
CONFIDENTIALITY: The indexer shall not at any time or in any manner, either directly or indirectly, divulge, disclose or communicate in any manner the information regarding the matter to be indexed and shall treat it as strictly confidential. This provision shall remain active even after the termination of this agreement.
APPLICABLE LAW: This Agreement will be governed by and construed in accordance with the laws of the State of ______________. This Agreement will at all times and in all events be construed as a whole, according to its fair meaning, and not strictly for or against any party.
ENTIRE AGREEMENT; AMENDMENT: This Agreement constitutes the entire understanding between the parties and supersedes all proposals, commitments, writings, negotiations, and understandings, oral and written, and all other communications between the parties relating to the subject matter hereof. This Agreement may not be amended or otherwise modified except in writing duly executed by all of the parties.
Mutual Understanding. This Agreement reflects the mutual understanding of the parties with respect to all subject matter addressed herein and will be construed accordingly.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written.
NAME: Yang Burz Home
Second Party :