Agreement. By approving a written proposal or Statement of Work
(“SOW”),
you agree to these Terms between Malgangas Consultancy (“we/us”) and
the client (“you”).
1) Scope & Changes
- Each SOW defines deliverables, timelines, responsibilities, and fees.
- Work outside scope requires a written change request with any timeline/fee
impact.
- We perform services with reasonable skill and care aligned to industry
standards.
2) Fees & Payment
- Fees, milestones, and expenses are as stated in the SOW; taxes are
additional.
- Invoices are due within 15 days unless otherwise stated.
- Late payments may incur up to 1.5% per month (or legal max,
if lower).
We may pause work on overdue accounts after notice.
3) Client Responsibilities
- Provide timely inputs, decisions, and access to relevant systems/personnel.
- Review deliverables within agreed windows; delays may affect timelines/fees.
- Procure required third-party licenses/services where the SOW indicates.
4) Confidentiality
- Both parties will keep non-public information confidential and use it only
for the engagement.
- Disclosures required by law/court/authority are permitted with prior notice
where lawful.
- Obligations survive termination for 3 years.
5) Data Ownership & Security
- Your data remains your property. We process it only to deliver the services
and apply reasonable
technical/organizational security measures.
- Where applicable, a Data Processing Addendum (DPA) may be executed.
6) Intellectual Property
- Pre-existing IP of each party remains that party’s property.
- Our methods, frameworks, and tools remain ours. Upon full payment, you
receive a
non-exclusive, non-transferable license to use deliverables for internal
business purposes.
7) Publicity
- We may reference your name/logo as a client and describe the engagement at a
high level,
unless you object in writing.
8) Warranties & Disclaimers
- Except as stated in an SOW, services are provided “as is”. We disclaim
implied warranties
(merchantability, fitness for a particular purpose) to the maximum extent
allowed by law.
9) Liability
- No party is liable for indirect or consequential losses (e.g., lost profits,
business interruption).
- Our aggregate liability under an SOW is capped at fees paid/payable for the
last 6 months
before the event giving rise to the claim.
10) Termination
- Either party may terminate for convenience with 30 days’
notice, or for cause upon material breach
uncured within 15 days.
- On termination, you’ll pay for work performed and approved expenses to date;
we’ll provide in-progress
materials on a commercially reasonable basis.
11) Governing Law & Disputes
- These Terms are governed by the laws of Maharashtra, India
(conflict rules excluded).
- Parties will first attempt good-faith negotiation; unresolved disputes are
subject to the exclusive
jurisdiction of courts in Pune.
This summary is informational and not legal advice.