It is agreed by and between the Client and the Agency as follows:
1. AGENCY APPOINTMENT
The Client hereby appoints the Agency to handle all advertising, communication and related work on social media required for its brand. (Name of the brand …………………………
2. AGENCY SERVICES
The Agency shall provide to the Client, services, as detailed in the packages offered.
3. COMMENCEMENT AND DURATION
This agreement is deemed to commence from the (_ _ / _ _ / _ _), and shall remain in force for _ _ (number of) months. The agreement may be renewed thereafter as mutually agreed by both parties.
The Agency shall maintain absolute confidentiality with respect to any confidential information received from the Client. The Agency shall not disclose any such information without obtaining Client’s specific prior consent, otherwise than in compliance with statutory requirements.
5. GOVERNING LAWS
The Client and the Agency shall comply with all statutory regulations.
6. AGENCY FEES AND REMUNERATION
The Client agrees to pay the Agency at the beginning of the month, upon receipt of invoice from the Agency. All out-of-pocket expenses such as video creation, application, development, media buy, purchase of licensed images and content, etc. if applicable, will be charged extra.
All statutory taxes/levies (including service tax presently levied on advertising services) shall be borne and paid by the Client to the Agency.
8. PAYMENT TERMS
All Invoices raised will become payable within 7 days from the date of which such Invoice is submitted.
The Agency shall indemnify and keep the Client indemnified against all losses, expenses or damages that may be suffered by the Client due to any default or breach of terms by the Agency under this Agreement. The Client shall indemnify and keep the Agency indemnified against all losses, expenses or damages that may be suffered by the Agency due to any default or breach of terms by the Client under this Agreement
11. FORCE MAJEURE
Neither the Client, nor the Agency, shall be liable for any default, delay or lapse occurring due to events beyond their control including riot, strike, theft, war, or acts of God and/or nature.
The Client and the Agency shall evaluate progress under this agreement at the beginning of every quarter and take corrective action as may be required.
13. MODIFICATION IN TERMS
Any changes in the terms and conditions contained herein shall have effect only prospectively, and shall be valid only if recorded in writing and signed by the authorized officials of both the Client and the Agency.
Further, waiver of any breach of any provision shall not be held to be a waiver for any subsequent breaches. Any waiver shall be valid only if it is recorded in writing and signed by the authorized officials of the Client and the Agency.
Either party may terminate this agreement by giving 2 months written notice to the other, without assigning any reason whatsoever. The obligations of the parties shall continue during the notice period.
Any dispute, difference or question arising out of this agreement shall be settled amicably between the parties, failing which the same shall be referred to arbitration