Service Agreement - Online Marketing
Customer
This is a Service Agreement suitable for online marketing, e-mail promotion, social media or other digital marketing services. Under this agreement, an online Marketer was to provide marketing services for a Customer for an Agreed Price. This agreement is drafted in favour of the Customer.
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Document Description
This Service Agreement - Online Marketing is a legally binding document that outlines the terms and conditions between the marketer and the customer for the provision of online marketing services. The agreement highlights the importance of prompt and timely performance of obligations, as time is of the essence. It also emphasizes the need for the marketer to provide services in a professional and diligent manner, complying with all applicable laws and regulations.
The agreement begins with an interpretation section, defining key terms and providing general provisions. It includes definitions for agreement, services, completion date, and other relevant terms. The agreement also clarifies that the marketer's obligations include engaging in the best and commercially reasonable efforts to provide the services, complying with instructions from the customer, and obtaining written consent for any services outside the defined scope.
The completion of the work section emphasizes the importance of timely completion of the services by the completion date. It allows for extensions of time for completion if there are valid reasons for delay. In case of non-completion by the completion date, the customer is entitled to liquidated damages per week.
The service fees section outlines the payment terms, including the service fee, invoicing, and payment due dates. It also addresses expenses incurred by the marketer and the need for written consent for expenses exceeding a certain limit. The marketer is responsible for providing their own supplies and equipment unless otherwise agreed upon.
Liabilities and indemnities section requires the marketer to promptly notify the customer of any delays, problems, or complaints related to the services. The marketer is also responsible for rectifying any defects in the provision of services. The marketer is liable for personal injury or death arising from the services and must maintain appropriate insurance coverage.
The term and termination section specifies the duration of the agreement and the conditions for termination. It allows for termination by either party with written notice and outlines the consequences of termination, including the return of materials and compensation for completed services.
The agreement addresses ownership of materials, stating that materials and goods become the property of the customer. It also addresses intellectual property rights, with all intellectual property produced or developed under the agreement becoming the property of the customer.
Confidential information section highlights the marketer's obligation to maintain confidentiality of the customer's information and return any confidential information upon termination of the agreement.
The agreement also covers announcements/publicity, amendment, assignment, severability, further assurance, warranty of capacity and power, force majeure, no rights under contracts for third parties, arbitration and proper law, notices and service, and counterparts.
This detailed description provides a comprehensive overview of the entire document, highlighting the key provisions and their significance.
How to use this document?
To use this Service Agreement - Online Marketing, follow these steps:
1. Review the agreement: Familiarize yourself with the terms and conditions outlined in the agreement, including the definitions and general provisions.
2. Specify services: Clearly describe the online marketing services to be provided by the marketer, ensuring that the scope of work is well-defined and aligned with the customer's expectations.
3. Agree on completion date: Determine the completion date for the services and include it in the agreement. This will help establish a timeline for the project.
4. Determine service fees: Discuss and agree upon the service fee payable by the customer for the services rendered. Include the payment schedule and any additional expenses that may be incurred.
5. Address liabilities and indemnities: Understand the marketer's responsibilities regarding delays, problems, and complaints related to the services. Ensure that appropriate insurance coverage is maintained.
6. Termination provisions: Discuss the conditions under which either party can terminate the agreement and the consequences of termination. Agree on the notice period and any refund of service fees.
7. Ownership of materials and intellectual property: Clarify the ownership of materials and goods used in the services, as well as the intellectual property rights. Ensure that the customer retains ownership and usage rights.
8. Confidentiality: Discuss the handling of confidential information and agree on the obligations to maintain confidentiality and return any confidential information upon termination.
9. Review and finalize: Carefully review the entire agreement, making any necessary amendments or additions to ensure that it accurately reflects the agreed-upon terms. Once both parties are satisfied, sign and date the agreement.
Following these steps will help you effectively use the Service Agreement - Online Marketing, ensuring that both parties are aware of their rights, obligations, and expectations throughout the engagement.
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