Chick 404 – DIGITAL MARKETING SERVICES AGREEMENT
This contract is a legally binding agreement between [Client Name] (“Client”), and Chick 404 , entered into on [DATE].
1. Executive Summary
Thank you for considering Chick 404 as your partner. Our goal is to provide the best possible services and solutions that will deliver significant improvements to your existing digital marketing and customer facing web presence, and in turn take advantage of new opportunities to grow your business. We have identified some existing areas in which we can capitalize on opportunity by leveraging Chick 404 proven process to drive sustainable long-term results. We are looking forward to the opportunity to work with you and your team, and look to deliver the highest possible level of service to delight and build lasting relationships with our clients.
2. Our Understanding
Your Company
[Client Name] uses a blended approach of both US and offshore resources to provide low-cost but comprehensive business solutions. You strive to provide the ultimate convenience and dependability for growing businesses. Your wide range of solutions and monthly plans scale with your clients at their convenience and your team of full-time Virtual Agents provide greater dependability than working with traditional virtual assistants.
Your Needs
[Client Name] is looking for a trusted partner to help them specifically target individuals at organizations who are highly qualified and have purchasing ability for their offering. They would like to use paid social media advertisements to reach these individuals and collect their information so that they can move them through the sales cycle.
3. Our Company
Chick 404 is a digital marketing agency which caters to the specific needs of Small to Medium sized businesses in the B2B and B2C markets. Using emerging technologies, industry best practices, and innovative techniques, Chick 404 approaches every engagement from both that of a trusted advisor and veteran practitioner.
Agreement
- 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 first day of each thirty (30) day period.
- Whereas this agreement is binding for an initial period of one month and will continue in thirty (30) day increments thereafter so long as both parties should agree.
Terms
1. Duration
- The social media marketing will render services to the Client on a monthly basis beginning on [DATE]
2. Services
- The social media marketing 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 social media marketing will meet the service agreements as outlined in Figure A of the executed Statement of work between the Client and Consultants
- The Consultant will meet with the Client at the conclusion of each seven (7) day period
( 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.
Figure A. Pricing and Services Provided
| Services Provided | Client Budget |
| Facebook Ads A/B Tested advertisements monthly Ad Creation and Collaboration |
$3,000 ad spend |
| TikTok Ads A/B Tested advertisements monthly Ad Creation and Collaboration |
$2,000 ad spend |
Chick 404 Retainer will start at base client budget listed in chart above.
If the client decides to increase spend over $20k per month, retainer will be 15% of ad spend,
If the client decides to increase spend over $50k per month, retainer will be 10% of ad spend, whichever is greater.
3. Compensation
- 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 bank account through online invoice, OR via Cash or Company Check, delivered in person or mailed to the address below:
info@chick404.com
- In the event that the Client fails to pay by 5:00 p.m. (CST) 14 days following the issued Invoice, the services will stop until payment is received.
- Once payment for the period has been made in full, the services will resume provision
- 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, 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.
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 financial 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 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.
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. Engagement
- 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.
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.
11. Amendments & Addendum’s
- This contract is to be considered complete and final. However, the field of digital 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.