SERVICE CONTRACT
This Service Agreement (“Agreement”) is made by and between
________________________ (“Agency”) 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:
1. SERVICES. The Agency will provide email marketing services. The Agency
through email will send advertisements, request business or solicit sales and
donations.
2. COMPENSATION. In consideration of the Services rendered, the Client shall pay
15% commission of every sale made due to the Agency’s email automation
flows.
3. TERM AND TERMINATION. The term of this Agreement is __________days
from the Effective Date. The Agency can terminate the Agreement if the
advertisement content is not accurate or misleading or for delayed payment for a
period of 45 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.
4. RELATIONSHIP OF THE PARTIES
a. 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.
b. 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.
c. Intellectual Property. The Agency owns the intellectual property rights in the app.
5. 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.
6. 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.
7. ASSIGNMENT. The Parties may not assign the responsibilities they have under
this Agreement to anyone else unless both Parties agree to the writing
assignment.
8. DISPUTE RESOLUTION. Any dispute arising from rights and obligations under
this Agreement will be solved through mediation. The Parties agree to surrender
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to the jurisdiction of Auckland Courts if the dispute is not solved through
mediation.
9. 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.
10. SEVERABILITY. If any section of this Agreement is invalid, illegal, or
unenforceable, the rest of this Agreement will suffice.
11. GOVERNING LAW. The Agreement shall be governed and construed per the
internal laws of Wyoming, United States 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_____________________ Agency’s rep ______________
Client’s Signature__________________ Signature __________________
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