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Positive Design Company
Digital Marketing Company – Social Media Management, Search Engine Optimization, Graphic Design, Web Design in El Paso Texas.
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Brand & Identity
Social Media Contract -Up In Vapor
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Social Media Contract -Up In…
This contract is a legally binding agreement between Veronica Garcia and/or Houston Wilson of Up In Vapor (“Client”) and Jaime Aranda, of Positive Design Company, LLC (“Consultant”), entered into on November 15th, 2017.
- 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 paying a monthly fee (See Sec. 3) due on the 15thof each thirty (30) day period.
- Whereas this agreement is binding for an initial period of ninety (90) days, and will continue in ninety (90) day increments thereafter so long as both parties should agree.
- The Consultant will render services to the Client for an initial period of ninety (90) days beginning on November15th, 2017 and ending on February 15th, 2018.
- Once the initial ninety (90) days have transpired, either party may opt to conclude the agreement without penalty. Otherwise, the two parties may extend the existing agreement in ninety (90) day increments so long as both parties shall agree.
- Should the Client choose to terminate the contract without cause prior to the end of the initial ninety (90) day period, the Client must present the Consultant with a written notice of termination and compensation equal to the amount to be paid to the Consultant over the duration of the initial contract period.
- The Consultant will establish the organization’s presence on the following social media platforms:
- The Consultant will meet the following quotas:
a. Ten (10) Facebook Posts each week & Ten (10) Instagram Posts each week
b. Twenty (20) Client Interactions each week per platform (if available)
- The consultant will provide the Client with the following reports:
a. Weekly Facebook insights to status, Likes, and Traffic
b. Weekly Editorial Calendar outlining the following week’s content
c. Daily Instagram insights to Likes, Comments, Engagement and page growth.br> - 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 manage the Client’s social media presence for a reoccurring charge of $775, due on the 15th of every month.
- The Consultant will accept payment in Cash, Credit/Debit Card or Company Check, delivered in person or mailed to the address below:
Positive Design Company, LLC
P.O. Box 3740
El Paso, TX. 79902
- In the event that the Client fails to pay the Consultant by 5:00 p.m. (MST) on the 1st of the month, the Consultant will cease to provide services until payment is received.
- Once payment for the period has been made in full, the Consultant will resume provision of services. Should a suspension of services occur, the complete payment will be necessary to resume services – a prorated amount will not be provided.
4. Account 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, and emails.
- The Client will demonstrate this authorization by providing URLs, usernames, and passwords for all of its social mediums in the fields on the next page of this form.
- 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.
5. 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.
- Furthermore, the Consultant will retain the right to use any and all content created by the Consultant for the Client, while under contract, for the purpose of (1) providing samples of the Consultant’s work or (2) instruction – including, but not limited to, presentations, lectures, webinars, and published material in any medium.
6. Access to Client Information
- In order to accurately determine ROI (Return on Investment), the Consultant will, from time to time, ask for business and customer information from the Client. Requests will be made directly to the Client in person, over the phone, or in writing. After receiving the answer, the Consultant will store the information in the Client’s physical folder and any electronic record will be deleted.
- The Consultant will not share this information under any circumstances, nor will the Consultant sell this information to a third (3rd) party.
7. Liability Waiver
- Establishing a social 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.
- 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.
8. 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.
9. Amendments & Addendums
- This contract is to be considered complete and final. However, the field of social media is rapidly changing and said changes may necessitate amendment or addition to this contract. Should such a need arise, the amendment or addendum must be drawn up as a separate document, signed by both parties indicating their agreement, and a copy of the signed document must be provided to the Client and the Consultant.
10. Entire Agreement
- Should either party violate the terms of or fail to meet the obligations set forth in this contract, such action will render the opposing party free from any further contractual obligation.
IN WITNESS WHEREOF, both parties signify their authority to act on their organization’s behalf and agreement to abide by the terms of this contract effective the date written above by the signatures affixed below.
Title & Organization
Ex: Marketing Manager, Manger, Owner
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