Digital Marketing Service Contract
Digital Marketing Service Contract
This Digital Marketing Service Contract ("Contract") is made effective as of [Month Day, Year] (the "Effective Date") by and between:
Service Provider:
[Your Company Name]
[Your Company Address]
[Your Company Email]
[Your Company Number]
Client:
[Client Name]
[Client Address]
[Client Email]
[Client Phone Number]
1. SERVICES
1.1 Scope of Services: The Service Provider agrees to deliver the following digital marketing services (the "Services") to the Client:
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Search Engine Optimization (SEO): Optimization of website content and structure to improve search engine rankings.
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Pay-Per-Click (PPC) Advertising: Management of online ad campaigns, including keyword research, ad creation, and performance tracking.
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Social Media Management: Development and execution of social media strategies across platforms such as Facebook, Twitter, LinkedIn, and Instagram.
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Content Creation: Production of digital content, including blog posts, articles, infographics, and multimedia content.
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Email Marketing: Design and implementation of email marketing campaigns, including list management and performance analysis.
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Analytics and Reporting: Regular reporting on campaign performance, including metrics such as website traffic, conversion rates, and return on investment (ROI).
1.2 Performance Standards: The Service Provider shall deliver the Services in a professional manner, adhering to industry best practices and maintaining a high standard of quality.
2. TERM AND TERMINATION
2.1 Term: This Contract shall commence on the Effective Date and shall remain in effect for an initial term of [12 months], unless terminated earlier in accordance with this Contract.
2.2 Renewal: This Contract may be renewed for additional periods upon mutual written agreement of the parties.
2.3 Termination for Convenience: Either party may terminate this Contract for any reason by providing [30 days] written notice to the other party.
2.4 Termination for Cause: Either party may terminate this Contract immediately upon written notice if the other party breaches any material provision of this Contract and fails to cure such breach within [15 days] after receipt of written notice of such breach.
2.5 Effect of Termination: Upon termination, the Client shall pay for all Services rendered up to the effective date of termination, including any outstanding fees and expenses.
3. COMPENSATION AND PAYMENT
3.1 Fees: The Client agrees to pay the Service Provider as follows:
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Fixed Fees: $[0] per [Month]
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Additional Expenses: Pre-approved expenses related to the Services, such as advertising costs, software subscriptions, and third-party services, will be billed separately.
3.2 Invoicing and Payment: The Service Provider will issue invoices on a [Monthly] basis. Payments are due within [0] days from the date of the invoice.
3.3 Late Payments: Overdue payments will incur interest at a rate of [0]% per month or the maximum rate permitted by law, whichever is lower.
3.4 Disputed Charges: The Client must notify the Service Provider of any disputed charges within [0] days of receiving the invoice. Both parties will work in good faith to resolve any disputes promptly.
4. CONFIDENTIALITY
4.1 Confidential Information: "Confidential Information" refers to any non-public information disclosed by one party to the other that is designated as confidential or that should reasonably be understood to be confidential given the context of disclosure.
4.2 Non-Disclosure Obligations: Each party agrees to maintain the confidentiality of the Confidential Information and to use it only for purposes directly related to this Contract. Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.
4.3 Return of Materials: Upon termination of this Contract, each party shall return or destroy all Confidential Information of the other party and certify in writing that it has done so.
5. INTELLECTUAL PROPERTY
5.1 Ownership of Deliverables: All intellectual property created or developed by the Service Provider in connection with the Services, including but not limited to content, graphics, and strategies, shall be owned exclusively by the Client upon full payment of all fees.
5.2 License Grant: The Service Provider grants the Client a perpetual, non-exclusive, royalty-free license to use any pre-existing intellectual property incorporated into the deliverables, solely for the purposes intended under this Contract.
5.3 Rights to Use Work Product: The Service Provider may use the work created for the Client in its portfolio, for promotional purposes, or for educational purposes, provided that such use does not disclose Confidential Information.
6. REPRESENTATIONS AND WARRANTIES
6.1 Service Provider Representations: The Service Provider represents and warrants that:
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It has the requisite expertise, qualifications, and resources to perform the Services.
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The Services will be performed in a professional manner and in accordance with applicable industry standards.
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It will comply with all applicable laws, regulations, and industry guidelines while performing the Services.
6.2 Client Representations: The Client represents and warrants that:
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It has the authority to enter into this Contract and to grant the Service Provider the rights described herein.
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All information provided to the Service Provider is accurate and complete and does not infringe upon the rights of any third party.
7. LIMITATION OF LIABILITY
7.1 Exclusion of Consequential Damages: Neither party shall be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with this Contract.
7.2 Limitation of Liability: The Service Provider’s liability for any claims arising out of or in connection with this Contract shall be limited to the total fees paid by the Client for the Services that gave rise to the claim.
8. INDEMNIFICATION
8.1 Client Indemnification: The Client agrees to indemnify, defend, and hold harmless the Service Provider from any claims, liabilities, damages, or expenses arising from:
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The Client’s breach of this Contract.
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The use of any materials, content, or data provided by the Client.
8.2 Service Provider Indemnification: The Service Provider agrees to indemnify, defend, and hold harmless the Client from any claims, liabilities, damages, or expenses arising from:
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The Service Provider’s breach of this Contract.
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Any infringement of intellectual property rights resulting from the Service Provider’s work.
9. GOVERNING LAW AND DISPUTE RESOLUTION
9.1 Governing Law: This Contract shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law principles.
9.2 Dispute Resolution: Any disputes arising out of or in connection with this Contract shall be resolved through [Arbitration] in [Location]. The parties agree to engage in good faith negotiations to resolve any disputes before resorting to formal dispute resolution procedures.
10. MISCELLANEOUS
10.1 Entire Agreement: This Contract constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, related to the subject matter hereof.
10.2 Amendments: Any amendments or modifications to this Contract must be made in writing and signed by authorized representatives of both parties.
10.3 Severability: If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.4 Assignment: Neither party may assign this Contract without the prior written consent of the other party, except that the Service Provider may assign this Contract to a successor in interest or affiliate.
10.5 Notices: All notices under this Contract shall be in writing and delivered to the addresses specified above or to such other address as either party may designate in writing.
10.6 Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Contract if such failure is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of terrorism, or changes in law.
IN WITNESS WHEREOF, the parties hereto have executed this Digital Marketing Service Contract as of the Effective Date.
[Your Company Name]
By:
[Your Name]
[Title]
[Month Day, Year]
[Client Name]
By:
[Full Name]
[Title]
[Month Day, Year]
