This is a Service Agreement suitable for online marketing, e-mail promotion, social media or other digital marketing services. Under this agreement, an online Marketer was to provide marketing services for a Customer for an Agreed Price. This agreement is drafted in Neutral Form.
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The Service Agreement - Online Marketing is a document that outlines the terms and conditions between the marketer and the customer for the provision of online marketing services. This agreement is important as it establishes the rights and responsibilities of both parties and ensures that there is a clear understanding of the scope of work and the expectations.
The entire document is divided into several sections, each addressing different aspects of the agreement. The interpretation section provides definitions of key terms used throughout the agreement, ensuring clarity and understanding. The marketer's obligations section outlines the responsibilities of the marketer in providing the services, including the requirement to comply with all applicable laws and regulations.
The completion of the work section emphasizes the importance of timely completion and the consequences of non-completion. It also allows for the possibility of extending the completion date if there are valid reasons for delay. The service fees section specifies the payment terms and conditions, including the schedule of payment and the consequences of late payment. It also addresses the reimbursement of expenses incurred by the marketer.
The warranties and indemnities section highlights the obligations of both parties in reporting any delays, problems, or complaints related to the services. It also outlines the actions to be taken to rectify any defects in the provision of services. The term and termination section specifies the duration of the agreement and the conditions under which either party can terminate the agreement.
The ownership of materials section clarifies the ownership of materials and intellectual property produced or developed under the agreement. The confidential information section ensures the confidentiality of information exchanged between the parties. The announcements/publicity section regulates the making of announcements or disclosures related to the agreement.
The amendment section outlines the requirements for any variations to the agreement. The assignment section prohibits the assignment or sub-contracting of the agreement without prior written consent. The severability section addresses the treatment of illegal or unenforceable provisions. The further assurance section ensures the performance of all necessary acts and the execution of additional documents.
The warranty of capacity and power section provides assurances from each party regarding their authority and capacity to enter into and carry out the obligations of the agreement. The force majeure section relieves the parties from liability for failure or delay in performing their obligations due to circumstances beyond their control. The no rights under contracts for third parties section clarifies that only the parties to the agreement have the right to enforce its terms.
The arbitration and proper law section encourages the amicable resolution of disputes and specifies the jurisdiction for any legal proceedings. The notices and service section outlines the methods and timings for serving notices between the parties. The counterparts section allows for the execution of the agreement in multiple counterparts.
In summary, the Service Agreement - Online Marketing is a comprehensive document that covers all aspects of the agreement between the marketer and the customer. It ensures clarity, establishes rights and responsibilities, and provides mechanisms for dispute resolution and termination.
1. Enter the Contractor's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Clearly specify the agreed price and completion date of the work to be carried out by the Contractor. This will ensure that both parties are aware of the expectations and deadlines.
3. Clearly describe the type(s) of services to be provided by the Contractor. This ensures that both parties are aware of the scope of work and can avoid any misunderstandings.
4. Both parties should agree on the length of warranty and time of payment after the completion of the work. This ensures that both parties are aware of the payment terms and the length of the warranty.
5. If the work is not completed by the completion date, specify the amount of damages per week that the Customer is entitled to. This ensures that both parties are aware of the consequences of non-completion.
6. In consideration for the services rendered, the Customer shall pay the Contractor the agreed service fee. The payment should be made according to the schedule specified in the agreement.
7. The Contractor should keep an exact record of any expenses incurred while performing the services. These expenses should be itemized and accompanied by proof of purchase and receipt.
8. Any disputes regarding the invoice should be notified to the Contractor in writing within 10 business days, along with supporting documentation.
9. The Contractor should promptly notify the Customer of any delays, problems, or complaints related to the services. Recommendations for avoiding or rectifying such circumstances should also be provided.
10. The Customer should report any defects in the Contractor's performance of the services as soon as reasonably practicable.
11. In the event of termination, the Contractor should give up possession of the site and deliver any relevant documents or materials.
12. All materials and goods delivered to the site become the property of the Customer, except for supplies, tools, and equipment owned or hired by the Contractor.
13. Both parties should keep confidential any information disclosed during the agreement, unless required by law or with the other party's written approval.
14. Any announcements or disclosures related to the agreement should be made with the prior written approval of all parties.
15. Any variations to the agreement should be in writing and signed by all parties.
16. Neither party should assign the agreement or sub-contract the performance without the other party's prior written consent.
17. If any provision of the agreement is held to be illegal or unenforceable, the parties should negotiate in good faith to agree on a valid substitute provision.
18. Each party should perform all further acts and execute any further documents necessary to implement and give effect to the agreement.
19. The agreement is subject to force majeure, relieving the parties from liability for failure or delay due to circumstances beyond their control.
20. The agreement does not confer any rights to third parties.
21. Any disputes should be resolved amicably, and the proper law and jurisdiction for legal proceedings should be agreed upon.
22. Notices should be served in accordance with the specified methods and timings.
23. The agreement may be executed in multiple counterparts, with each counterpart being an original but together constituting one instrument.