Professional has helped me from the beginning. It doesn’t matter whether we have a client that is a family friend or a brand new client; we always send them a contract. It is so important to act professional from the beginning."
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.
WEB SITE DEVELOPMENT AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Developers and company name Customer Recitals A. Developers have experience and expertise in the development of web sites. B. Customer desires to have Developers develop web site for them. C. Developers desire to develop Customers Web Site on the terms and conditions set forth herein the Web Site
Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Developers hereby agree as follows. 1. Development of Web Site. Developers agree to develop the Web Site according to the terms listed on Exhibit attached hereto. 2. Specifications.
Developers agree to develop the Web Site pursuant to the specifications set forth in Exhibit attached hereto the Specifications 3. Delivery of Web Site. Developers will use reasonable diligence in the development of the Web Site and endeavor to deliver to Customer an operational Web Site 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. Developers will be retaining the source code for the entire project and providing Customer with the output formats only. The output is to be used only within the scope of the project as outlined in Exhibit and does not included the following. Multiplying the site across other domains or servers creating new web sites based on the code selling the code relinquishment of copyright by Developers in any way. Customer shall retain all of its intellectual property rights in any text images or other components it owns and transmits to Developers for use in the Web Site. 4. Ownership Rights. Customer shall retain all of its intellectual property rights in any text images or other components it owns and transmits to Developers for use in the Web Site. Customer shall hold the copyright for the agreed upon version of the Web Site as delivered and Customers copyright notice may be displayed in the final version. Developers shall hold all right title and interest in and to the source code programming and original artwork created for the project. Specifically but without limitation Developer shall hold rights title and interest in and to. 1 all text graphics animation audio components and digital components of the Web Site the Content created by Developers
2 all interfaces navigational devices menus menu structures or arrangements icons help and other operational instructions and all other components of any source or object computer code that comprises the Web Site created by Developers 3 all literal and nonliteral expressions of ideas that operate cause create direct manipulate access or otherwise affect the content created by Developers 4 all copyrights patents trade secrets and other intellectual or industrial property rights in the Web Site or any component or characteristic thereof created by Developers. Customer shall not do anything that may infringe upon or in any way undermine Developers right title and interest in the Web Site as described in this paragraph 5. Compensation. For all of Developers services under this Agreement Customer shall compensate Developers 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 Developers have the right but are not obligated to pursue any or all of the following remedies. terminate the Agreement remove content from servers owned by Developers bring legal action.
6. Confidentiality. Customer and Developers acknowledge and agree that the Specifications and all other documents and information related to the development of the Web Site the Confidential Information will constitute valuable trade secrets of Developers. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Developers prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public on the Web Site when each page of the Web Site is first accessed. 7. Limited Warranty and Limitation on Damages. Developers warrant the Web Site will conform to the Specifications. If the Web Site does not conform to the Specifications Developers shall be responsible to correct the Web Site without unreasonable delay at Developers sole expense and without charge to Customer to bring the Web Site 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 Developers do not warrant that the Web Site will work on all platforms. Customer acknowledges that Developers are not responsible for the results obtained by Customer on the Web Site. 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 Developers as set forth in Exhibit attached hereto. 8. Independent Contractor.
Developers are retained as independent contractors. Developers will be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax social security tax or any other payroll taxes on Developers behalf. Developers understand that they will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance. 9. Equipment. Customer agrees to make available to Developers for Developers use in performing the services required by this Agreement such items of hardware and software as Customer and Developers may agree are reasonably necessary for such purpose. 10. General Provisions. 10 Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 10 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Developers and their respective successors and assigns provided that Developers may not assign any of his obligations under this Agreement without Customers prior written consent. 10 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
10 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 10 Ownership of Photographs. Developers may use some of their own photographs for the Web Site. Developers maintain ownership of the photographs and only grant Customer non exclusive right to use those photographs and only on Customers Web Site. 10 No Right to Assign. Customer has no right to assign sell modify or otherwise alter the Web Site except upon the express written advance approval of Developers which consent can be withheld for any reason. 10 Right to Remove Web Site.
In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Developers have the right to remove the Web Site until payment in full is paid plus accrued late charges of 2% per month. 10 Indemnification. Customer warrants that everything it gives Developers to put on the Web Site is legally owned or licensed to Customer. Customer agrees to indemnify and hold Developers harmless from any and all claims brought by any third party relating to any aspect of the Web Site including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the Web Site. Further customer agrees to indemnify Developers from responsibility for problems disruptions caused by third party services that Customer may use such as merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate to the ownership and operation of the Web Site or multimedia project. 10. 10 Use of Web Site for Promotional Purposes. Customer grants Developers the right to use the Web Site for promotional purposes and or to cross link it with other Web Sites developed by Developers. 10. 11 No Responsibility for Theft. Developers have no responsibility for any third party taking all or any part of the Web Site. 10. 12 Right to Make Derivative Works. Developers have the exclusive rights in making any derivative works of the Web Site.
10. 13 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 10. 14 Identification of Developers. Customer agrees that Developers identification may be annotated within the code or on the Web Site as the authors. Customer also agrees to put on Developers copyright notices on the Web Site and the relevant content therein. 10. 15 No Responsibility for Loss. Developers are not responsible for any down time lost files improper links or any other loss that may occur in the operation of the Web Site. 10. 16 Transfer of Rights. In the event Developers are unable to continue maintenance of the Web Site non exclusive rights to the Web Site will be granted to Customer.
10. 17 Domain Name. Any domain name registered on Customers behalf will be made in Customers name for both the billing and administrative contacts. The technical contact is generally required to be the hosting ISP. Developer will not register domain names in Developers name. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their 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 company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Developer Initials