- Whereas the Consultant will perform a myriad of services (See Sec. 2) designed to boost the social media presence of the Client.
- Whereas the Client will compensate the Consultant for said services by building the Consultant a website and hosting it for 12 months.
- Due to the nature of the service, the Client is providing for the Consultant, this agreement is for 12 months of service. No money will exchange hands as a part of this agreement.
- This agreement is based upon the Client delivering a website to the best of the Consultant’s ability in no less than 90 days from the date of the agreement.
The Consultant will render services to the Client on a monthly basis beginning on the date mentioned in Statement of Work.
- Although we request clients to mentally commit to 90 days with our services, we do not require a contract for this time.
- For cancellation, we do require at least 10 days notice prior to the date of payment for service. This is so we can cancel your automatic payment without issues. If your photo shoot for the month has already been completed, there may be a $125 charge for this. But otherwise, payment will not be required for services not rendered.
- The Consultant will establish the organization’s presence through the channels outlined in the pricing section of the executed SOW. Additional platforms will require a change order or additional statement of work.
- The Consultant will meet the service agreements as outlined in Figure A of the executed Statement of Work (SOW) between the Client and Consultants
- The Consultant will meet with the Client at the conclusion of each thirty (30) day period (in person, by phone, or online) to discuss the campaign’s progress and discuss strategy for the upcoming period.
- The services cited in this section (Sec. 2) represent a complete list of the Consultant’s contractual obligations. The Consultant may elect to provide additional services when deemed necessary. Should this occur, the Client will not be billed for additional services. However, the performance of additional services in one period does not obligate the Consultant to provide such additional services in future periods.
- The Consultant will establish and/or optimize the Client’s digital presence across the agreed-upon channels for the charges outlined in the pricing section of the SOW, due at the cadence outlined in the pricing section of the SOW
- The Consultant will accept payment via ACH draft one month on the 15th of each month.
- In the event that the Client fails to pay The Social Brand by 5:00 p.m. (EST) 14 days following the issued Invoice, The Social Brand will stop services until payment is received.
- Once payment for the period has been made in full, The Social Brand will resume the provision of services.
- Should a suspension of services occur, the complete payment will be necessary to resume services - a prorated amount will not be necessary to resume services - a prorated amount will not be provided.
IV. Amount Access & Authorization
- The Consultant is authorized by the Client to assume the identity of the Client in all social media interactions on the internet including, but not limited to, status updates, blog posts, online forum discussions and message board posts, comments, and responses to user comments, direct messages, and emails.
- The Consultant will hold the Client’s URLs, usernames, and passwords in confidence. The consultant will not share this information under any circumstances, nor will the Consultant sell this information to a third (3rd) party.
- By signing this agreement, you are agreeing to hold confidential The Social Brand proprietary information and processes as we will honor your business.
V. Rights to Created Content
- The Client will retain the right to all content created by the Consultant for the Client, while under contract, ad infinitum. However, the Client may not distribute for profit any content created by the Consultant for the Client, while under contract, without the written consent of the Consultant.
- The Client will own all images created or photos taken by the Consultant both during and after the contract expires.
VI. Liability Waiver
- Establishing a digital media presence and initiating a two-way flow of communication between the Client and the public can have unintended consequences on the Client's reputation. Should this occur, the Client waives its right to hold the Consultant responsible for any damage and/or liability that may arise from the Consultant's actions on behalf of the Client, provided the Consultant isn't grossly negligent.
- If, at any time, the Client does not agree with actions taken by the Consultant on its behalf, it must notify the Consultant in writing. If the Consultant receives such a communication, the Consultant will post a retraction and apology across all affected platforms within twenty-four (24) hours.
VII. Original Content Creation - Monthly Schedule
- It is our intention to provide original content for your monthly social media services. However, scheduling conflicts and busy schedules sometimes prevent clients from being able to take advantage of their monthly on-site photo shoot.
- Every month, you will receive a reminder via email to schedule your photoshoot for the following month's content. If your appointment for your photoshoot has not been set by the 15th of each month, this will be considered opting out of your included photo session.
- At this point, rather than receiving a photoshoot you will be provided with 12 licensed stock photos.
- There will be no discounts or refunds offered for unused photoshoots - they also do not roll over, if unused. It is the client's responsibility to contact The Social Brand to schedule their monthly photo shoot.
- We understand that things happen! With this in mind, an occasional need for rescheduling will arise and we will do our best to accommodate this. However, more than one reschedule request in any given month will result in a $50 rescheduling fee. Time and resources are devoted to making our photographer available for your photoshoot sessions, rescheduling creates work for not only the photographer but our administrative staff to make sure things are in order. The fee will be automatically added to the following month's bill.
VIII. Service Interruption
- Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, laws, proclamations, edits, ordinances or regulations, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations hereunder shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate this Agreement upon ten (10) days’ prior written notice to the other party.
IX. Offboarding While Services are Paused
- If services are paused, The Social Brand's staff will stay on your accounts as admins for up to 30 days. However, if your paused services go beyond 30 days - you will be automatically offboarded by The Social Brand's staff. You will receive an email making you aware of this.
- The Client hereby engages the Consultants and the Consultants hereby accepts engagement as a Consultant to the Company subject to the terms and conditions contained in this Agreement. The Consultants will for all purposes be deemed an independent contractor and will not be deemed an agent or employee of the Company. The Consultants and the Company do not intend to create a joint venture, partnership or other relationships, which might impose a fiduciary obligation on the Consultants or the Company in the performance of this Agreement. The Consultants acknowledge and agree that the Consultants are obligated to report as income all compensation received by the Consultants pursuant to this Agreement and the Consultants agrees to and acknowledges the obligation to pay all self-employment and other taxes thereon.
XI. Entire Agreement
- Should either party violate the terms of or failure to meet the obligations set forth in this contract, such action will render the opposing party free from any further contractual obligation.
By signing the proposal prepared for you by The Social Brand, you are agreeing to these terms.
Updated on 12/29/2019