SOCIAL MEDIA MARKETING AGREEMENT
BETWEEN
DIAMONDS PRODUCTION (“COMPANY”)
AND
_____________________________ (“CLIENT”)
__________________________________________________________________________
THIS AGREEMENT is made on the …………..day of………….20……., (hereinafter,
“Effective Date”) entered into by the Company and the Client (Company and Client
collectively referred to as the “Parties” or individually as the “Party”) and includes that
Party’s successors and assigns.
In consideration of covenants and agreements contained in this agreement, and other good and
valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the
following terms and conditions and to be bound thereby:
1. SERVICES
The Company has expertise in creating social media marketing and research services focusing
on helping business owner acquire more audience from various social media platforms.
Diamonds Productions is a company that is prideful to offer exceptional services and tailored
to each business need. We will develop Social Media Marketing & Social Media Research;
the Parties have agreed to the terms that follow. For the period of the first 3 months, a Social
Media Campaign will be built on Facebook, Twitter, YouTube, and Linked. The Company
has the right to bill additionally, upon mutual agreement, for any application development,
meetups, based on a proforma and email approval form. The Company shall perform their
services professionally, faithfully, diligently, per this agreement, and per acceptable industry
standards.
2. GENERAL CONDITIONS
The Service supplied under this Agreement shall be subject to the Company’s general terms
and conditions as set forth in (“Terms & Conditions”), and INVOICING AND PAYMENT
TERMS. The cost for Social Media Management will be based on the unique package chosen
by the client.
3. TERMS & CONDITIONS
These terms and conditions constitute an agreement between the Client, and Diamonds
Productions, a company incorporated in Las Vegas Nevada. The Retainer amount is subject to
increment if the Scope of Work or Duration increases beyond the deliverables or expectancy.
Client shall notify the Company in writing one (1) month in advance whenever they would
like to discontinue the engagement and vice versa. In case of termination, they will pay the
amount invoiced till the termination date to. Any notice given by one party to the other
pursuant to this Contract shall be sent to the other party in writing via email. The same has to
be acknowledged by the receiver in writing. In cases of dispute or claim, parties involved will
resolve issues between themselves.
4. CONTRACT DURATION
This Agreement is made and entered into on the [start date] until [end date], unless extended
by any subsequent written indication.
5. CONTRACT SUM
For the services rendered, the Client shall pay the Company $______________. A 50% down
payment shall be payable in advance prior to the provision of services.
6. INDEMNIFICATION
The Client agrees to indemnify, hold harmless and defend the Company and its directors,
officers, employees, and agents from and against any incidental, consequential, indirect or
special damages, or for any loss of profits or business interruptions caused or alleged to have
been caused by the performance or nonperformance of the services.
7. NON-ASSIGNMENT
Neither party shall transfer or assign this agreement without the other party’s consent. This
consent shall not be unfairly denied or delayed.
8. TERMINATION
Either Party may terminate this Agreement, upon giving the other Party no less than
one month’s notice in writing. If a Party wishes to terminate the contract with less than
this stated period, the other Party reserves the right to charge costs that they have
already paid in advance or incurred.
Termination may be due to but not limited to non-payment, or late payment by the
client.
Fulfillment of the parties’ obligations herein shall constitute termination of this
agreement.
The termination of this agreement shall not discharge the liabilities accumulated by
either Party.
Any Clauses intended by the Parties or this agreement to survive the termination of
this agreement shall survive the termination of this agreement by whatever cause.
9. CONFIDENTIALITY
All non-public, confidential, or proprietary information of a Party (Disclosing Party), whether
disclosed orally or disclosed or accessed in written, electronic or other form or media, and
whether or not marked, designated or otherwise identified as “confidential” in connection
with this Contract is confidential, solely for the use of performing this Contract and may not
be disclosed or copied unless authorized in advance by the Disclosing Party in writing. Upon
the Disclosing Party’s request, the other Party (Recipient Party) shall promptly return all
documents and other confidential materials received from Disclosing Party. Disclosing Party
shall be entitled to injunctive relief for any violation of this Section. This Section does not
apply to information that is: (a) in the public domain; (b) known to Recipient Party at the time
of disclosure, or (c) rightfully obtained by Recipient Party on a non-confidential basis from a
third party.
Specifically, the Company assures the privacy of each and every single client on their social
media accounts and other products managed for them.
10. FORCE MAJEURE
For this Agreement, "Force Majeure" means an event which a diligent party could not have
reasonably avoided in the circumstances, which is beyond the control of a party and includes,
but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather
conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other
action by government agencies. A Party’s failure to fulfill its obligations due to Force Majeure
shall not be considered a breach of this Agreement, provided that the Party has taken all
reasonable precautions, due care, reasonable alternative measures, and minimal delay all to
carry out the terms of this Agreement.
11. DRAFTING RESPONSIBILITY
Neither party shall be held to a higher standard than the other party in the interpretation or
enforcement of this Contract as a whole or any portion hereof based on drafting
responsibility.
12. CHANGES TO THE AGREEMENT
Either Party may request changes to the agreement, but they will only be effective if agreed in
writing, and signed by all Parties. If any ambiguity is found in the agreement or various
documents forming this agreement, the Parties shall issue any necessary clarification or
instruction.
13. NO WAIVER
Except where otherwise provided, failure by either party to enforce any of these terms or
conditions shall not be a waiver of their right to enforce them. No waiver by a party of any
breach of, or of compliance with, any condition or provision of this Agreement by the other
party shall be considered a waiver of any other condition or provision or of the same
condition or provision at another time.
14. SEVERABILITY
The provisions of this agreement are severable. If any provision is held to be invalid or
unenforceable, it shall not affect the validity or enforceability of any other provision.
15. COUNTERPARTS
This agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original and all of which taken together shall constitute one instrument.
16. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties. It supersedes all prior
oral or written agreements or understandings between the Parties concerning the subject
matter of this agreement. All documents annexed to this agreement shall be subject to the
terms under this agreement, provided that the Parties append their signatures on the
documents. The Parties will exercise utmost good faith in this agreement.
17. HEADINGS
The article and section headings in this agreement are for convenience; they form in no part of
this agreement and shall not affect its interpretation.
18. PRONOUNS
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine,
neuter, singular, or plural, as the identity of the person or entity may require. As used in this
agreement: words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gender, and words in the singular shall mean and include the
plural and vice versa.
19. GOVERNING LAW
This Agreement shall be governed in all respects by the laws of Nevada, and its Courts
without regard to its conflict of law provisions.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day
and year set forth below.
COMPANY’S authorized representative
Signature:
Name: …………………………………………
Designation: ……………………………………
CLIENT
Signature:
Name: …………………………………………
Date: ……………………………………………. Date:
…………………………………………….
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )