Social Media Agreement Form

SOCIAL MEDIA MARKETING & MANAGEMENT
AGREEMENT
A. BACKGROUND
A. The Client is of the opinion that the Contractor has the necessary experience
and abilities to provide services to the Client.
B. The Contractor is agreeable to providing such services to the Client on the
terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits
and obligations set forth in this Agreement, the receipt and sufficiency of which
consideration is hereby acknowledged, the Client and the Contractor (individually the
"Party" and collectively the "Parties" to this Agreement) agree as follows:
1. SERVICES PROVIDED
1. The Client hereby agrees to engage the Contractor to provide the Client with
ONE of the following services (the "Services"):
o Social Media Marketing bronze £40 PER MONTH
o Social Media Marketing silver £80 PER MONTH
o Social Media Marketing gold £120 PER MONTH
2. The Services will also include any other tasks which the Parties may agree
on. The Contractor hereby agrees to provide such Services to the Client.
3. TERM OF AGREEMENT
3. The term of this Agreement (the "Term") will begin upon the 1st payment.
Agreement will remain in full force and effect indefinitely until terminated as
provided in this Agreement.
4. In the event that either Party wishes to terminate this Agreement, that Party
will be required to provide 14 days' written notice to the other Party.
5. In the event that either Party breaches a material provision under
this Agreement, the non-defaulting Party may terminate this Agreement
immediately and require the defaulting Party to indemnify the non-defaulting
Party against all reasonable damages.
6. This Agreement may be terminated at any time by mutual agreement of the
Parties.
7. Except as otherwise provided in this Agreement, the obligations of the
Contractor will end upon the termination of this Agreement.
8. All payments are non refundable and the “Client” agrees that such work
carried out agrees with this.
9. PERFORMANCE
8. The Parties agree to do everything necessary to ensure that the terms of
this Agreement take effect.
9. CURRENCY
9. Except as otherwise provided in this Agreement, all monetary amounts
referred to in this Agreement are in GBP.
10. PAYMENT
10. The Contractor will charge the Client for the Services at the rate of £40.00,
£80.00 OR £120.00 per month (the "Payment").
11. A deposit of £40.00, £80.00 OR £120.00 (the "Deposit") is payable by the
Client upon execution of this Agreement.
12. For the remaining amount, the Client will be invoiced every month.
13. Invoices submitted by the Contractor to the Client are due upon receipt.
14. The Contractor will be responsible for all income tax liabilities and National
Insurance or similar contributions relating to the Payment and the Contractor
will indemnify the Client in respect of any such payments required to be made
by the Client.
15. The Contractor will be solely responsible for the payment of all remuneration
and benefits due to the employees of the Contractor, including any National
Insurance, income tax and any other form of taxation or social security costs.
16. The Contractor will not be reimbursed for any expenses incurred in
connection with providing the Services of this Agreement.
17. INTEREST ON LATE PAYMENTS
17. Interest payable on any overdue amounts under this Agreement is charged at
a rate of 25.00% per annum or at the maximum rate enforceable under
applicable legislation, whichever is lower.
18. CONFIDENTIALITY
18. Confidential information (the "Confidential Information") refers to any data or
information relating to the business of the Client which would reasonably be
considered to be proprietary to the Client including, but not limited to,
accounting records, business processes, and client records and that is not
generally known in the industry of the Client and where the release of that
Confidential Information could reasonably be expected to cause harm to the
Client.
19. The Contractor agrees that they will not disclose, divulge, reveal, report or
use, for any purpose, any Confidential Information which the Contractor has
obtained, except as authorised by the Client or as required by law. The
obligations of confidentiality will apply during the Term and will survive
indefinitely upon termination of this Agreement.
20. All written and oral information and material disclosed or provided by
the Client to the Contractor under this Agreement is Confidential Information
regardless of whether it was provided before or after the date of this
Agreement or how it was provided to the Contractor.
21. OWNERSHIP OF INTELLECTUAL PROPERTY
21. All intellectual property and related material (the "Intellectual Property") that is
developed or produced under this Agreement, will be the property of the
Contractor. The Client is granted a non-exclusive limited-use licence of this
Intellectual Property.
22. Title, copyright, intellectual property rights and distribution rights of the
Intellectual Property remain exclusively with the Contractor.
23. RETURN OF PROPERTY
23. Upon the expiry or termination of this Agreement, the Contractor will return to
the Client any property, documentation, records, or Confidential Information
which is the property of the Client.
24. CAPACITY/INDEPENDENT CONTRACTOR
24. In providing the Services under this Agreement it is expressly agreed that the
Contractor is acting as an independent contractor and not as an employee.
The Contractor and the Client acknowledge that this Agreement does not
create a partnership or joint venture between them, and is exclusively a
contract for service.
25. RIGHT OF SUBSTITUTION
25. Except as otherwise provided in this Agreement, the Contractor may, at the
Contractor's absolute discretion, engage a third party sub-contractor to
perform some or all of the obligations of the Contractor under this Agreement
and the Client will not hire or engage any third parties to assist with the
provision of the Services.
26. In the event that the Contractor hires a sub-contractor:
o the Contractor will pay the sub-contractor for its services and the
Compensation will remain payable by the Client to the Contractor.
o for the purposes of the indemnification clause of this Agreement, the
sub-contractor is an agent of the Contractor.
27. AUTONOMY
27. Except as otherwise provided in this Agreement, the Contractor will have full
control over working time, methods, and decision making in relation to
provision of the Services in accordance with the Agreement. The Contractor
will work autonomously and not at the direction of the Client. However, the
Contractor will be responsive to the reasonable needs and concerns of the
Client.
28. EQUIPMENT
28. Except as otherwise provided in this Agreement, the Contractor will provide at
the Contractor’s own expense, any and all tools, machinery, equipment, raw
materials, supplies, workwear and any other items or parts necessary to
deliver the Services in accordance with the Agreement.
29. NO EXCLUSIVITY
29. The Parties acknowledge that this Agreement is non-exclusive and that either
Party will be free, during and after the Term, to engage or contract with third
parties for the provision of services similar to the Services.
30. NOTICE
30. All notices, requests, demands or other communications required or permitted
by the terms of this Agreement will be emailed to: admin@thelionslair.co.uk
1. INDEMNIFICATION
31. Except to the extent paid in settlement from any applicable insurance policies,
and to the extent permitted by applicable law, each Party agrees to indemnify
and hold harmless the other Party, and its respective directors, shareholders,
affiliates, officers, agents, employees, and permitted successors and assigns
against any and all claims, losses, damages, liabilities, penalties, punitive
damages, expenses, reasonable legal fees and costs of any kind or amount
whatsoever, which result from or arise out of any act or omission of the
indemnifying party, its respective directors, shareholders, affiliates, officers,
agents, employees, and permitted successors and assigns that occurs in
connection with this Agreement. This indemnification will survive the
termination of this Agreement.
32. MODIFICATION OF AGREEMENT
32. Any amendment or modification of this Agreement or additional obligation
assumed by either Party in connection with this Agreement will only be
binding if evidenced in writing signed by each Party or an authorised
representative of each Party.
33. TIME OF THE ESSENCE
33. Time is of the essence in this Agreement. No extension or variation of this
Agreement will operate as a waiver of this provision.
34. ASSIGNMENT
34. The Contractor will not voluntarily, or by operation of law, assign or otherwise
transfer its obligations under this Agreement without the prior written consent
of the Client.
35. ENTIRE AGREEMENT
35. It is agreed that there is no representation, warranty, collateral agreement or
condition affecting this Agreement except as expressly provided in this
Agreement.
36. ENUREMENT
36. This Agreement will enure to the benefit of and be binding on the Parties and
their respective heirs, executors, administrators and permitted successors and
assigns.
37. TITLES/HEADINGS
37. Headings are inserted for the convenience of the Parties only and are not to
be considered when interpreting this Agreement.
38. GENDER
38. Words in the singular mean and include the plural and vice versa. Words in
the masculine mean and include the feminine and vice versa.
39. GOVERNING LAW
39. This Agreement will be governed by and construed in accordance with the
laws of England.
40. SEVERABILITY
40. In the event that any of the provisions of this Agreement are held to be invalid
or unenforceable in whole or in part, all other provisions will nevertheless
continue to be valid and enforceable with the invalid or unenforceable parts
severed from the remainder of this Agreement.
41. WAIVER
41. The waiver by either Party of a breach, default, delay or omission of any of the
provisions of this Agreement by the other Party will not be construed as a
waiver of any subsequent breach of the same or other provisions.