THIS SERVICE AGREEMENT, HEREINAFTER REFERRED TO AS THE “AGREEMENT”, IS ENTERED INTO THIS BY AND BETWEEN:
SocialManas, hereinafter referred to as “Agency”; -and- [Client.Company], hereinafter referred to as the “Customer.” Collective, Consultant and the Customer are referred to as “Parties.”The Parties agree to the following recitals:
Whereas, the Agency is in full legal capacity as a company specializing in the field of Facebook advertising & funnel development for lead generation;
Whereas, the Agency affirms that it has the required experience and ability to provide the Customer with the Services;
Whereas, the Agency agrees to be so engaged and to provide the Customer the Services, all subject to the terms and conditions contained herein;
Whereas, the parties desire to express in writing their mutual understanding and agreements with respect to this engagement; and, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the parties hereto, intending to be legally bound, do hereby agree as follows:
I. GENERAL ACQUIESCENCE
In addition to the Terms of Service (TOS) found on the Agency’s website, the Customer hereby concurs, agrees and acquiesces to the provisions of this Service Agreement. In case the undertakes a revised version of the TOS, the Customer furthermore agrees to visit the Agency’s website from time to time and undertake a due diligence review in order to be apprised of these revisions.
All subscription services are on a MONTH TO MONTH Contract. The Customer MUST provide a written email notice 15 Days prior to the next scheduled payment to cancel subscriptions so the Agency can ensure scheduled payments are cancelled and cessation of work.
II. SCOPE OF WORK
The following is a preliminary scope of work based and is subject to change once the agency establishes a full Customer Scope Document. Any work to be done outside of outlined projects will be quoted for service.
III. CUSTOMER RESPONSIBILITIES
The Customer agrees to moderate comments on their social media channels.
The Customer also agrees to ensure all customer data provided to the Agency for the purposes of targeting is compliant with data protection policies applicable to the Customer.
Communication – Company will provide shared Google drive for marketing assets and will communicate via your email + [email protected] and your assigned project manager.
- We try to respond to emails within 24 hours. The Client will try to respond to emails within 24 hours also.
- Official communication is by email only.
- Official communication is through your assigned project manager only.
- If the Customer fails to respond to email inquiries in a reasonable time frame the Company reserves the right to cancel the project.
The Customer must provide the Agency with all creative assets and access to platforms, documents, intelligence necessary to complete project in a timely manner (14 days of signing contract). If the Customer does not provide the necessary elements to complete project, the Agency reserves the right to cancel the project without refund.
No Working Weekends – We work between Monday to Friday. Our team rests on weekends and are not available so you should not expect any responses on Saturday or Sunday.
IIII. FEES
For undertaking the engagement and for other good and valuable consideration, including but not limited to, the substantial benefit the Customer will derive from Agency’s services, the Customer agrees to compensate the Agency a total of [VALUE] per month.
The Agency does not own any social platforms and therefore NO GUARANTEES PROVIDED.
The Customer agrees that the Agency shall not be held liable for results outside of its control, these include:
– Changes to the Facebook algorithm – Customer account payment failures – Non compliance by Customer to provide Agency with necessary collateral & assets which delays in scope timelines – Cessation of work do to non-payment of Agency
Credit card processing fees for any integrations will be the Customer’s responsibility.
No Chargebacks
The Client shall not dispute any charges described in this agreement with the Client’s credit card provider, bank, processor or any financial institution. If a chargeback is ever carried out, the Client will pay the Agency an administrative fee of $5,000.
No Refunds
Once a project is started, significant time and resources are put towards your project which is why we do not offer refunds.
V. NON-DISCLOSURE
Both parties mutually agree that certain confidential information may be exchanged during the course of this engagement. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree not to disclose the following.
a. Technical materials, models and relevant technical articles, technical reports owned by either party; Sales materials, including but not limited to all quality management methods, pricing methods, sales methods and customers’ materials;
c. All the intellectual property rights (including those exclusively owned by either party, whether owned now or developed in the future).
d. Any other information that either party claims as confidential.
V. NON-DISCLOSURE
Both parties mutually agree that certain confidential information may be exchanged during the course of this engagement. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree not to disclose the following.
a. Technical materials, models and relevant technical articles, technical reports owned by either party; Sales materials, including but not limited to all quality management methods, pricing methods, sales methods and customers’ materials;
c. All the intellectual property rights (including those exclusively owned by either party, whether owned now or developed in the future).
d. Any other information that either party claims as confidential.
VI. MISCELLANEOUS
Non transferability: The rights and obligations under this Agreement are personal to the Customer. The Customer may not assign or transfer any rights or obligations under this Agreement.
Indemnification: The Customer will, at their own expense, defend, indemnify, and hold the Consultant, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between the Customer and Consultant concerning the Program.
We Control The Project
The management and execution of the project will be decided by the Agency. We’ve found this is the best way to get our clients results from our expertise.
