Legal Contract Templates Social Networking Services Contract

How to write my Social Networking Services Contract document

SOCIAL NETWORKING SERVICES AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer Recitals A. Company has experience and expertise in the development of social networking social networking platform strategies for web pages web sites and other computer networks. B. Customer desires to have Company develop and deploy social networking strategies and custom social networking site design social networking campaign provide custom programming and integration services and other services as outlined in Exhibit attached herein the Specifications C. Company desires to develop Customers social networking strategy and services on the terms and conditions set forth herein. Agreements

In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Development of Social Networking Strategy and Optimization Services. Company agrees to create install edit manage develop and employ custom social networking strategies according to the terms listed on Exhibit attached hereto. 2. Specifications. Company agrees to develop the social networking pursuant to the Specifications set forth in Exhibit B. 3. Delivery Dates and Milestones.

Company will use reasonable diligence in the development of the social networking services and endeavor to deliver to Customer all deliverables and milestones no later than delivery date. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Exhibit are estimates and are not required delivery dates. Company will retain all documents source code password lists and other assets employed or created for Customer during the execution of this agreement. Customer will only receive the output formats of Companys work where applicable. The output is to be used only within the scope of the project as outlined in Exhibit A. Customer shall retain all of its intellectual property rights in any text images or other components it owns and delivers to Company for use in the social networking services rendered under this agreement. 4. Services Provided. Social networking services are intended to establish for the Customer presence across multiple social networking platforms as outlined in Exhibit B. Services may include specific campaigns to drive traffic to or build membership in various social networking platforms as well as reporting results on an ongoing and timely basis. Social networking services may include but are not limited to the following. 4 Social Networking Site Selection. Company will provide comprehensive list of social networking sites and platforms based upon research completed by Company and presented to Customer that best suits the demographic Customer is trying to reach with its social networking efforts.

4 Social Networking Site Page or Account Creation Edits and Custom Programming. Company will create or edit Customers existing social networking site page or account as deemed necessary by Company in order to meet the goals as stated in the Specifications. Company will register Insert the social networking domain count additional domains to be used as gateways to improve social networking services. Registration shall be in Customers name and schedule of fees for maintaining the additional domains shall be billed to Customer accordingly. Company will create Insert additional campaigns additional campaigns for the purpose of targeting specific agreed upon demographics in order to drive interest in Customers social networking efforts. These campaigns will be placed in locations determined to be most effective and at Companys sole discretion. Company may employ proprietary techniques coding and other resources as it deems necessary to improve Customers social networking efforts. Company reserves the right to create specially coded Web Pages to prevent competitors from copying code or any resources employed by Company. 4 Software.

Company will install update upgrade and configure the following software packages the Installation or the Software as required by the Specifications and provide documentation and instructions to Customer on using all Software installed by Company. Company shall provide hours hours of training to Customer and turn over all disks CD ROMs digital media downloads links or other Software purchased for Customer under this Agreement to Customer. Company shall not be responsible for keeping copies back ups or any other form of the Software after turning over the original copies to Customer. Company will not maintain the Installation updates or any daily tasks required for the maintenance of the Software under this Agreement unless otherwise specified in Exhibit B. Company will not manage or maintain copies of licenses for any of the software packages or installations under this Agreement. All licenses for software installations will be turned over to Customer upon execution of this Agreement. 4 Social Networking and Management Services. Company will manage Customers social networking accounts and pages as stated in the Specifications. Insert services related to specific social networking accounts and other disclaimers if used.

Company will create custom reports for social networking efforts and positioning of Customers social networking Site or other custom Pages created by Company under this Agreement. Company will provide detailed reports as required by the Specifications and shall endeavor to provide the reports to Customer in timely manner. Customer acknowledges that any reports provided by Company are to be considered estimates based on industry standard reporting software and techniques and shall never be construed as an exact counting of each and every submission. Insert exclusions to reporting and other disclaimers if any. Company will provide editing services and continue to adjust all Accounts Pages Fan Sites Business Sites and other media created under this Agreement for period of days days in order to increase the effectiveness of social networking services. Insert exclusions to editing services and other disclaimers if any. Company will create and employ the following third party tools for Customer. Insert specifics including number of keywords pay per click campaign maximum bids etc.

Insert additional services to be performed for Customer under this Agreement if any. Company will develop and maintain regular monitoring and reporting on social networking and Third Party Advertising Performance that is used in conjunction with the social networking Services. Reports will be provided to Customer on monthly basis. Customer acknowledges the following with respect to services. a Company accepts no responsibility for policies of third party social networking Sites Directories or other Web Sites Third Party Resources that Company may use with respect to the classification or type of content it accepts whether now or in the future. Customers social networking Sites Web Site or content may be excluded or banned from any Third Party Resource at any time. Customer agrees not to hold Company responsible for any liability or actions taken by Third Party Resources under this Agreement. b Customer acknowledges that the nature of many of the resources Company may employ under this Agreement are competitive in nature. Company does not guarantee #1 positions consistent positioning top positions or guaranteed placement for any particular social networking Site Keyword Phrase or Search Term s. Customer acknowledges that Companys past performance is not indicative of any future results Customer may experience. c Customer acknowledges that social networking and submissions can take an indefinite amount of time for results and inclusion unless paid advertising programs are employed. Each edit or change made to any resources employed by Company will repeat these times. d Customer acknowledges that any of the social networking sites or other resources may block prevent or otherwise stop accepting information for an indefinite period of time. e Customer acknowledges that any search engine may drop social networking sites from its database for no apparent or predictable reason. Company shall adhere to the current policies of the social networking site in question and whether pay inclusion programs are being used. f Company will endeavor to make every effort to keep Customer informed of any changes that Company is made aware of that impact any of the social networking services and the execution thereof under this Agreement. Customer acknowledges that Company may not become aware of changes to Third Party Resources industry changes or any other changes that may or may not affect social networking services.

g Customer acknowledges that some of the Third Party Resources offer only paid inclusion programs that require fee or continued maintenance or performance fees. Customer is solely responsible for all paid advertising fees and must maintain adequate funds in any third party accounts in order to maintain inclusion in these resources. Consult Exhibit for complete list of Third Party Resources employed under this Agreement and an estimate of fees for specific advertising keyword targets and other listings. h Company reserves the exclusive right for the duration of this Agreement to approve or disapprove any design strategies existing code or other techniques whether requested by Customer or presently employed by Customer that are considered by Company to be detrimental to social networking and the execution of Companys services under this Agreement. 5. Compensation. For all of Companys services under this Agreement Customer shall compensate Company in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Company has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement remove equipment software services or resources owned by Company whether leased to Customer by Company or not and any Company personnel or staff from Customer location bring legal action. 6. Confidentiality.

Customer and Company acknowledge and agree that the Specifications and all other documents and information related to the development of social networking the Confidential Information will constitute valuable trade secrets of Company. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Companys prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. 7. Limited Warranty and Limitation on Damages. Company warrants that social networking products and services will conform to the Specifications for period of days from the date of acceptance by Customer. If social networking services do not conform to the Specifications Company shall be responsible to correct social networking services without unreasonable delay at Companys sole expense and without charge to Customer to bring social networking services into conformance with the Specifications. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty express or implied. Customer acknowledges that Company does not warrant that social networking services will work on all platforms. Customer acknowledges that Company will not be responsible for the results press reputation productivity or any other measurable metric not specified in Exhibit obtained by Customer on social networking services. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Company as set forth in Exhibit attached hereto. Developers note. When creating the Specifications in Exhibit make sure to clearly outline the services to be performed which you have control over. It is not recommended to include expected results in Specifications as you may not be able to then meet the terms of your Agreement and maintain results for the entire warranty period. If you do agree to terms you may not have control over in the Specifications consider removing the default 30 day warranty and specify there is no warranty. You want to ensure to always agree only to Specifications you can complete. For example do not warrant that social networking sites will list any campaign in the top results on search but do warrant that you performed all content creation and distribution of content per the guidelines of the specified social networking platforms. 8. Independent Contractor.

Writing the Exhibit A (Payment Terms) document (alternate or related contract document)

Select an appropriate payment terms from the list of possible choices depending on the agreement being used with and delete the rest. For example if using project development contract use one of the first three milestone based payment terms. If using VAR Reseller contract or for general pricing use the payment terms pricing plan at the end of the list of plans below. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 90% of the estimated price upon execution of the Agreement. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer

C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above.

5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 3 of the fee upon execution of the Agreement; B. 3 of the fee upon completion of Insert Key Payment Milestone C. The remaining upon completion per the specification. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees

B. Outsource services billed for Customer C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month.

4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers an hourly fee according to the following terms. A. 10% of the estimate upon execution of the Agreement of Insert Total Payment Amount B. Customer is billed at hourly rate per hour at the completion of each milestone.

C. The customer will not be liable for more than Insert Maximum Amount Liable for in hourly work. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP

G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A CREDIT CARD PAYMENT PLAN Authorization for credit card payments for development per Exhibit and B. Charges to be applied as Customer accepts each milestone. Customer accepts liability for all costs incurred including but not limited to chargebacks and reversals.

Card Number Expiration Date Name on Card Title Phone. phone number Fax. fax number Email. email address

Company. company name Street. address address City. city Country. country EXHIBIT A PAYMENT TERMS Pricing Plan.

Insert your pricing plan here. Discounts. Insert any discounts available here. Restrictions. Insert any restrictions here.

Writing the Exhibit B (Specifications) document (alternate or related contract document)

EXHIBIT B SPECIFICATIONS The project will contain the following components and or services. A. Describe each deliverable to be included in the project per the terms of the contract and proposal

How to write my Acceptable Use Policy Template document (alternate or related contract document)

COMPANY ACCEPTABLE USE POLICY AUP THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as Customer and company name hereafter referred to as Company The purpose of this policy is to set forth an Acceptable Use Policy AUP by which Customer will abide while using renting leasing or otherwise making use of Company goods and services. By using Companys Web Hosting and Email services Customer agrees to comply with the following policies and assume responsibility for the compliance of all Customers Users permitted by Customer to use Company products and services. Terms and Conditions As service the standard Acceptable Use Policy is provided below.

1. Right to Service. a Companys service will be provided on an as is as available basis. Further Company provides no warranty written expressed or implied for any Web Hosting and Email services provided including without limitation warranty of the merchantability and warranty of fitness for particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by Company or its providers beyond the fees paid to Company for services. b Customer and Customers Users will use the Web Hosting and Email services in manner consistent and compliant with any and all applicable laws of the State of state or province and the U. S. Federal Government. c Use of any information obtained by way of Company is at Users own risk and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Company makes no warranty written expressed or implied of any guaranteed uptime or that the service will function at reliable level based on past performance. d Company is not responsible for any damages arising from Customers or Customers Users use of Companys Services or by any inability to use the Web Hosting and Email services for any reason. e Company shall make every reasonable effort to protect data stored on Customers Server s. Company is not responsible for Customer or Customers Users data files or directories residing on Companys equipment. Customer is solely responsible for maintaining data files and back ups. 2. Limit of Liability. Company shall not be liable for any content posted opinions expressed or actions taken by any of the Users of Company services. Any conduct that violates the laws regulations or the accepted norms of the Internet community or the community standards in which the User lives whether expressly mentioned in this Agreement or not is strictly prohibited. Company reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill endanger its network impact its Customers or expose it to liability or tort. 3. Modification of Agreement.

Company reserves the right to add modify or delete any provision of this Agreement at any time and without notice. Company reserves the exclusive right and will be the sole arbiter as to what constitutes violation of any of these provisions. 4. Misuse of System Resources. It is violation for anyone who including but not limited to employs posts or programs that consume excessive CPU time server memory or storage space; permits the use of mail services mail forwarding capabilities POP accounts or auto responders other than for their own account; or resells access to CGI scripts installed on Company servers. Company reserves the right to immediately and without notice to the User terminate any service or process that uses disproportionate amount of any system resources. 5. Potentially Tortuous or Illegal Conduct. The following shall be construed as violations of this Agreement and may result in suspension or deletion of Customers Users account or in Termination of this Agreement. a Company products and services may only be used only for lawful purposes. Transmission distribution or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes without limitation material protected by copyright trademark trade secret or other intellectual property right used without proper authorization or material that is obscene defamatory constitutes an illegal threat or violates export control laws. Non acceptable content or links may include but are not limited to. Pirated software Hackers programs or archives Warez Game Mods or Patches Irc Bots Chat Sites Servers Pornography and Adult Content TGP or any other file or media deemed by Company to be illegal or for which Customer or Customers Users do not have the legal right to use post or otherwise store on Company servers. b No one shall post defamatory scandalous or private information about person without their consent or with intention to inflict emotional distress or post any information that violates any rightful trademarks copyrights or other intellectual property rights. c Sending unsolicited email messages Spam from or through Companys servers including without limitation commercial advertising or informational announcements shall be prohibited. Company reserves the right to terminate this Agreement and any other accounts under Customers account if Company determines that unsolicited mass email has occurred or if Company receives complaints that unsolicited email messages have been sent from Customers account. d Posting to any Usenet or other newsgroup forum email mailing list or other similar group or list articles with the intent to engage in commercial advertising or informational announcements.

e Engaging in any of the foregoing activities using the service of another provider but channeling such activities through Company provided server or using Company provided server as mail drop for responses. f Any unauthorized distribution or copying of copyrighted material violations of U. S. export restrictions harassment fraud dealing in contraband and other illegal activities or dealing in content and material that has been deemed illegal in the Users community state province or municipality. g Falsifying any User information provided to Company or to other Users of the service in connection with the use of Company service. 6. System and Network Security. Violations of system or network security are strictly prohibited and may result in criminal or civil liability. Examples include but are not limited to. allowing unauthorized access use probe or scan of any Company system security authentication measures data or traffic; interference with service to any User host or network mail bombing flooding or attempts to overload system or broadcast attacks. Customers or Customers Users shall not engage in forging of any TCP IP packet header email headers or any other information provided or passed through Company Systems or Network at any time.

7. Domain Name Agreements Restrictions and Transfer Policies. Under ICANN policy Company is prohibited from allowing the transfer of domain name Registrars during the first sixty days after initial registration of the domain name. This applies to ALL domain names regardless of where they are purchased. Domain names cannot be transferred to or from Companys system within this period. Beginning on the sixty first 61st day after the initial registration the procedures for transferring domain names can be completed without restriction. The full ICANN policy concerning domain name registration can be found at ICANN. ORG. 8. Domain Name Transfer Notifications. Company does not guarantee that all domain name transfers or updates to DNS records MX records Aliasing Records URL forwarding domain name forwarding or other Registrar or DNS related service or product will succeed. 9. DNS Information. Company shall not be responsible for updating any of the DNS records or entries for transferred domain names. Customer shall have sole responsibility for ensuring that all relevant DNS entries for domain name are correct. Fees paid for transferred domain names are not refundable if the transfer fails for any reason. This may include but is not limited to. timeouts resulting from delay in owner or registry approval incorrect contact information in the WHOIS record or attempted transfers of domains that are not transferable for any other reason.

10. Consequences of Violation. If Company becomes aware of an alleged violation of any of the terms contained in this Agreement or any other policy that has been posted on its web site made available to Customer via email or posted in any other form Company shall initiate an investigation. During the investigation Company may restrict Customer or Customers Users access to Company products and services in order to prevent further possible unauthorized activity. Company may at its sole discretion restrict suspend or terminate Customers account without notice or refund or pursue civil remedies as it deems necessary. Company shall notify the appropriate law enforcement department of any such violations. Company shall not be responsible for any payment refunds or compensation in any way for service disruptions or termination resulting from violations of this Agreement. The undersigned represents and warrants that on the date first written above the undersigned is authorized to enter into this Agreement in its entirety and duly binds respective principals by the signature below. EXECUTED as of the date first written above. company name

By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials