SERVICE CONTRACT
This Service Agreement (“Agreement”) is made by and between ________________________ (“Company”) located at (Street Address, City, State) AND _______________ (“Client”) located at (Street Address, City, and State). This Agreement will become effective on _________________ (“Effective Date”). Individually referred to as ‘Party’ and collectively referred to as ‘Parties’. The Parties intend to be legally bound as follows:
- SERVICES. The Company will provide an ad placement in their app for the Client, according to this Agreement, serve as good and valuable consideration for this Agreement. The ad will be displayed on the top banner for the duration of the term.
- COMPENSATION. In consideration of the Services rendered, the Client shall pay an upfront payment of $ 370 per add consisting of the following: $ 8NZD x 30 days for the duration of the contract and min payment of 200 clicks @ $ 1.7 per click which amounts to $ 340.
- TERM AND TERMINATION. The term of this Agreement is 30 days from the Effective Date. The Company can terminate the Agreement if the advertisement content is not accurate or misleading or for delayed payment for a period of 7 days or more. Either party may terminate the agreement by a two weeks sufficient notice to the other party notifying them of their intention to terminate the agreement.
- RELATIONSHIP OF THE PARTIES
- No Exclusivity. The Parties understand that this Agreement is not exclusive. The Parties agree that they are free to enter into other similar agreements with other parties.
- Independent Contractors. The Parties to this Agreement are an independent contractor, which means there are no strings attached. Neither Party is an agent, representative, partner, or employee of the Other Party.
- Intellectual Property. The Company owns the intellectual property rights in the app.
- WAIVER. Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to in writing by the Parties. If any provision, right, or obligation is waived, it’s only waived to the extent agreed to in writing.
- AMENDMENTS. This Agreement may be modified as needed. To modify, the Parties agree to the modification in writing (an “Amendment”). The terms of this Agreement will apply to any Amendment the Parties make.
- ASSIGNMENT. The Parties may not assign the responsibilities they have under this Agreement to anyone else unless both Parties agree to the writing assignment.
- DISPUTE RESOLUTION. Any dispute arising from rights and obligations under this Agreement will be solved through mediation. The Parties agree to surrender to the jurisdiction of Auckland Courts if the dispute is not solved through mediation.
- ENTIRE AGREEMENT. This Agreement puts the Parties’ entire understanding of the Services to be performed, and anything else the Parties have agreed to in black and white. This Agreement supersedes any other written or oral communications between the Parties.
- SEVERABILITY. If any section of this Agreement is invalid, illegal, or unenforceable, the rest of this Agreement will suffice.
- GOVERNING LAW. The Agreement shall be governed and construed per the internal laws of Auckland, New Zealand without giving effect to any choice or conflict of law provisions or rule.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above.
Client’s name_____________________ Company’s rep ______________
Client’s Signature__________________ Signature __________________
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