SERVICE AGREEMENT.
This Service Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between _______, Address ____________ (hereinafter referred to as the “Company”), and ______, Address ____________ (herein referred to as the “Client”).
WHEREAS, the Company is a digital marketing agency that offers digital advertising and marketing services for restaurants, takeaways, and cafes.
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
- TERM.
The initial term of this Agreement shall be for a period _____ [Weeks/Months/Years], commencing on the Effective Date herein.
- SCOPE/CHARGES.
The Company shall offer;
- A free website for advertising/marketing for Three Thousand Five Hundred Dollars ($3500).
- An online ordering website system/mobile App for 4.9% of the total sales with a minimum monthly sales required for a). Online ordering system only for $x sales per month, or b). Online system + App for $y sales per month. Note: if the Client does not make the required sales, there shall be a flat rate fee for below the threshold.
- For website hosting, ___ Dollars per month or ___ Dollars per year automatic. Payment terms for ordering platform is the beginning of the following month due within 7 Days or lose 30% on time payment discount.
- TERMINATION/CANCELLATION.
Parties agree that either Party can cancel/terminate the Agreement at any given time, provided that the intending Party provides the other Party a 30 Day Written Notice on the cancel/termination. In the event that the Client decides to cancel/terminate the Agreement, they must ensure to pay the Company for any marketing/advertising charges due under this Agreement. The Company may, at any time and without prior notice to the Client, cancel/terminate this Agreement in the event of breach of contract by the Client.
- COPYRIGHT/LIABILITY
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- The company shall own all the proprietary rights on the websites during the term of this Agreement and upon termination/cancellation thereof.
- The Company shall not be held responsible for any liability arising from the use of the website, or be held liable for any claims thereof. The Company shall not be held responsible for any copyright infringement arising from images or content on the Website that the Client approves. The Client shall assume all the legal responsibility associated with the Website during the term of this Agreement.
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- GENERAL PROVISION, GOVERNING LAW AND JURISDICTION.
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- This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- This Agreement shall be governed by and construed in accordance with the laws of the ____ [State/Country]. Exclusive jurisdiction and venue shall be in ____ [State/Country].
- This Agreement shall be binding upon and inure to the benefit of the Company and the Client and their respective successors and assigns, provided that the Client may not assign any of their obligations under this Agreement without the Company’s prior written consent.
- Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
CLIENT: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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