Sample Social Media Marketing Agreement

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Sample Social Media Marketing Agreement #1
This Agreement is made and entered into on the [start date] until [end date], unless
extended by any subsequent written indication.
Between
<Full Agency Name>, having its office at <Mention Registered Office Address> (hereinafter
referred to as “Agency”) of the ONE PART;
And
<Client Name> having its office at <Client address>. (hereinafter referred to as “Client”)
of the OTHER PART
1. BACKGROUND
<Agency Name> has expertise in creating social media marketing and research services.
<Agency Name> operates a service based on this system, which can be provided to <Client
Name>.
Social Media Marketing & Social Media Research
<Agency Name> will develop
for <Client
Name>. Against this background, the Parties have agreed to the terms that follow.
For the period of 1st May 2012 to 31
st
October 2012, a Social Media Campaign will be built
for <Client Name> on Facebook Twitter, Youtube , <mention all platforms>.
To provide, via <Agency Name>:
<mention deliverables>
<Agency Name> has the right to bill additionally, upon mutual agreement, for any
application development, meetups, <mention all possible services as per rate card> based
on a proforma and email approval from <Client Name>.
2. GENERAL CONDITIONS
The Service supplied under this Agreement shall be subject to <Agency Name>’s general
terms and conditions as set forth in (“Terms & Conditions”).
3. REMUNERATION / INVOICING AND PAYMENT TERMS
The cost for Social Media Management will be <Mention final per month amount> plus
Service Tax per month to be paid within <mention agreed upon duration – can be 10 days to
90 days period>
Sample Social Media Marketing Agreement #1
This Agreement is made and entered into on the [start date] until [end date], unless
extended by any subsequent written indication.
Between
<Full Agency Name>, having its office at <Mention Registered Office Address> (hereinafter
referred to as “Agency”) of the ONE PART;
And
<Client Name> having its office at <Client address>. (hereinafter referred to as “Client”)
of the OTHER PART
1. BACKGROUND
<Agency Name> has expertise in creating social media marketing and research services.
<Agency Name> operates a service based on this system, which can be provided to <Client
Name>.
Social Media Marketing & Social Media Research
<Agency Name> will develop
for <Client
Name>. Against this background, the Parties have agreed to the terms that follow.
For the period of 1st May 2012 to 31
st
October 2012, a Social Media Campaign will be built
for <Client Name> on Facebook Twitter, Youtube , <mention all platforms>.
To provide, via <Agency Name>:
<mention deliverables>
<Agency Name> has the right to bill additionally, upon mutual agreement, for any
application development, meetups, <mention all possible services as per rate card> based
on a proforma and email approval from <Client Name>.
2. GENERAL CONDITIONS
The Service supplied under this Agreement shall be subject to <Agency Name>’s general
terms and conditions as set forth in (“Terms & Conditions”).
3. REMUNERATION / INVOICING AND PAYMENT TERMS
The cost for Social Media Management will be <Mention final per month amount> plus
Service Tax per month to be paid within <mention agreed upon duration – can be 10 days to
90 days period>
4. TERMS & CONDITIONS
These terms and conditions constitute an agreement with you and <Agency Name>, a
company incorporated in India, whose registered office is at <Office
Address>.
The Retainer amount is subject to increment if the Scope of Work or Duration increases
beyond the deliverables or expectancy.
<Client Name> shall notify the <Agency Name> in writing one(1) month in advance
whenever they would like to discontinue the engagement and vice versa. In case of
termination <Client Name> will pay the amount invoiced till the termination date to
<Agency Name>
Any notice given by one party to the other pursuant to this Contract shall be sent to the
other party in writing or by fax and confirmed in writing to the other party’s specified
address. The same has to be acknowledged by the receiver in writing.
In cases of dispute, claim & legal action arising out of the contract, the parties shall be
subject to the jurisdiction of courts in Mumbai (India) only.
5. REPRESENTATION AND WARRANTIES –
<Agency Name> hereby represents, undertakes and warrants that the services provided by
<Agency Name> under this Agreement does not violate/infringe, or shall not at any time
during or after this Agreement violate/infringe the intellectual property rights of any third
party IN WITNESS WHEREOF the parties hereto have hereunto set their hands as on the date
of this Agreement:
6. SIGNED, SEALED AND DELIVERED by –
For and on Behalf of <Client Name>
For and on Behalf of <Agency Name>
(__________________________________)
(__________________________________)
Company: <Client Name> India Pvt. Ltd.
Company: <Agency Name>
Place:
Place:
Name :
Name :
Designation :
Designation :
Date:
Date:
Sample Social Media Marketing Agreement #2
This Agreement is executed at
Mumbai
on the ……(date) of ………(month), (_______year )
between <Agency
Name>, <Agency Address>, (a
company registered under the Indian
Companies Act 1956 and hereinafter referred to as "the Agency" which expression shall
include its successors and assigns) of the one part hereafter also to be referred as “AGENCY”
&
M/s (XYZ), Add (….) (a company registered under the Indian Companies Act 1956 and
hereinafter referred to as "the Client", which expression shall include its successors and
assigns) of the second part., hereafter also to be referred as the “CLIENT”
It is agreed by and between the Client and the Agency as follows:
1.
AGENCY APPOINTMENT
The Client
hereby
appoints the Agency to handle all advertising, communication and
related work on
social media
required for its brand. (Name of the brand …..)
2.
AGENCY SERVICES
The Agency shall provide to the Client, services, which shall include the following:
Setting up social media platforms such as Facebook, Twitter, Youtube, etc
Creating content, engagement as well as ongoing management of these
platforms
Monitoring social media conversations and responding to the same
Managing all social media communication as more clearly elaborated in the
pitch presentation.
3.
COMMENCEMENT AND DURATION
This agreement is deemed to commence from the (DD/MM/YY), and shall remain in
force for (number of) months.
The agreement may be renewed thereafter as may be
mutually agreed by both parties.
4.
CONFIDENTIALITY
The Agency shall maintain absolute confidentiality
with respect to any confidential
information received
from the Client. The Agency shall not disclose any such
information without obtaining Client's specific prior consent, otherwise than in
compliance with statutory requirements.
5.
GOVERNING LAWS
The Client and the Agency shall comply with all statutory regulations.
This agreement
will be subject to Mumbai jurisdiction.
6.
AGENCY FEES AND REMUNERATION
The Client agrees to pay the Agency a
retainer fee
of Rupees (amount)/- only per
month. This amount will be payable at the beginning of the month,
upon receipt of
invoice from the Agency.
All out-of-pocket expenses such as outstation travel,
stay, etc incurred by the Agency,
as part of this assignment, would be borne by the Client. Such out of pocket expenses
will be incurred by the Agency only after specific approval from the Client.
Similarly
charges for any other services including video creation, application
development,
media buy, purchase of licensed images and content,
etc. if applicable,
will be charged extra.
7.
TAXES
All statutory taxes/levies (including service tax presently levied on advertising services)
shall be borne and paid by the Client to the Agency. Service tax
@12.36
%,
or as may be prescribed by law from time to time, will be charged on all invoices
raised by the Agency. At time of payment of the fees, the Client may deduct TDS @ 2%
under section 194 C (1). Necessary TDS certificate will be issued by Agency to the
Client, for same.
8.
PAYMENT TERMS
The Client agrees to pay Retainer Fees against Invoices at the beginning of the month
for that particular month. All other Invoices raised on the Client will become payable
within 7 days from the date of all such Invoices.
9.
INDEMNITY
The Agency shall indemnify and keep the Client indemnified against all losses,
expenses or damages that may be suffered by the Client due to any default or breach
of terms by the Agency under this Agreement. The Client shall indemnify and keep the
Agency indemnified against all losses, expenses or damages that may be suffered by
the Agency due to any default or breach of terms by the Client under this Agreement.
10.
NON- SOLICITATION
Both the Client and the Agency hereby covenant that during the term of this agreement
and for a period of one year following its termination or expiration, it shall not, without
the previous written consent of other party, employ or contract the services of any
person who was employed by the party at any time during a period of 12 months
preceding the date on which the offer for employment is made to the party.
11.
FORCE MAJEURE
Neither the Client, nor the Agency, shall be liable for any default, delay or lapse
occurring due to events beyond their control including riot, strike, theft, war, or acts of
God and/or nature.
12.
EVALUATION
The Client and the Agency shall evaluate progress under this agreement at the
beginning of every quarter and take corrective action as may be required.
13.
MODIFICATION IN TERMS
Any changes in the terms and conditions contained herein shall have effect only
prospectively, and shall be valid only if recorded in writing and signed by the authorized
officials of the Client and the Agency.
14.
WAIVER
The failure of either party at any time to enforce any provision of this Agreement, shall
in no way affect its right thereafter to require complete performance by the other party.
Further, waiver of any breach of any provision shall not be held to be a waiver for any
subsequent breaches. Any waiver shall be valid only if it is recorded in writing and
signed by the authorized officials of the Client and the Agency.
15.
TERMINATION
Either party may terminate this agreement by giving
2 months
written notice to the
other, without assigning any reason whatsoever. The obligations of the parties shall
continue during the notice period.
16.
ARBITRATION

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