DIGITAL MARKETING CLIENT SERVICE AGREEMENT
By booking a consulting session with
Georgia Louise Murray (ABN #76 827 416 911) of 4 Sherlock St, Ormeau Hills QLD, 4208
you (the Client) agree to be bound by the terms of this agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor agree as follows:
DESCRIPTION OF SERVICES (1)
The Client hereby agrees to engage the Contractor to provide the Client with the following services (collectively, the “Services”):
- Facebook Advertising Consulting services
The Services will be supplied:
i. To the best of the contractors’ ability and
ii. In accordance with reasonable technical directions given by the The Client to the Contractor
iii. In compliance with all applicable standards, awards, laws and
(a) The Client is hiring the Contractor for: Facebook Advertising Consulting. During the Term of this Agreement, Contractor will provide consulting advice on Facebook advertising including but not limited to strategy, setup and management of Facebook Ads. Client will furnish all other facilities, labour, materials, furnishings, and equipment necessary for Client’s operation. Creative assets will be provided by The Client.
(b) If the Client requests, the Contractor may provide services in addition to the services outlined in this agreement. An additional charge for providing such additional services may be
(c) Days Off. Contractor is generally available to provide Services during normal business hours. Monday – Friday 8am – 5pm AEST, excluding national holidays. In the event that Contractor will be unavailable due to vacation or other foreseen events, every effort will be made to give reasonable
(d) A minimum amount of 197 (1 x 90 minute session) will be paid to the Contractor by the Client
(e) NO GUARANTEES PROVIDED. The Client agrees that the Contractor shall not be held liable for results outside of its control – such as the quality of leads or sales made by the consultant advice.
PAYMENT FOR SERVICES (2)
(a) The Client agrees to pay the Contractor a minimum of $197 for 1x 90 minute Facebook Advertising consulting sessions. The price charged by the Contractor is specific to this Agreement only. Ongoing sessions will be provided at a rate agreed upon between the Contractor and Client.
(b) The Client will pay the first installment before work commences.
(c) The Client will reimburse the Contractor’s expenses made on behalf of the Client. Expenses must be pre-approved by the Client.
(d) All payments shall be non-refundable and non-assessable. Preferred method of payment is bank
RELATIONSHIP OF PARTIES (3)
This Agreement does not create a partnership or joint venture relationship. Neither party has authority to enter into contracts on the other’s behalf. It is understood by the parties that The Contractor is and shall remain an independent contractor with respect to Te Client and not an employee of The Client. The Client will not provide fringe benefits, including health insurance benefits, superannuation, paid vacation, or any other employee benefit, for the benefit of the in-dependent contractor and The Client agrees to the following rights consistent with an independent contractor status:
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- The Contractor has the right to perform services for others during the term of this Agreement.
- The Contractor has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be
- The Contractor has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement but only with the knowledge of The Client.
- Neither the contractor nor the contractor’s employees or subcontractors shall receive any training from The Client in the skills necessary to perform the services required by this Agreement, excluding any specialised software or procedures
- The Client shall not require the contractor or the contractor’s employees or subcontractors to devote full time to performing the services required by this
ASSIGNMENT (4)
Neither party may assign this Agreement without the prior written consent of the other party, except that Contractor may subcontract or delegate portions of the Services; provided, however, that in no case shall Client be liable to any party other than Contractor, or for any amount in excess of the price specified.
TERMS/TERMINATION OF AGREEMENT (5)
This Agreement takes effect on date of signing, and continues until terminated in accordance with this agreement. Either party may terminate this Agreement at any time by seven days written notice to the other party.
LIABILITY INDEMNITY (6)
Neither party will be liable to the other party for any loss of profits, loss of revenue, loss of any contract value, loss of anticipated profit or damages for lost opportunity suffered or incurred by the other party arising out of or in connection with this Agreement, whether arising under contract, in tort (including negligence) or otherwise.
The Contractor will not be liable for loss, damage or delay of the Client’s project/work due to circumstances beyond the Contractor’s control. This may include (but are not limited to) natural disasters, public unrest, power outages, and inability to contact the Client. In the event of such loss, damage or delay the Contractor will make every effort to let the Client know immediately.
Infringement upon rights of authors, organizations and copyright holders as a result of libel, slander or any material misuse will be the responsibility of the Contractor when undertaking independent work for the Client and not when acting under the Client’s direct instruction.
The Client will, at their own expense, defend, indemnify, and hold the Contractor, and it’s subcontractors harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
GENERAL (7)
This Agreement represents both parties’ complete understanding of this project/work and entirety of the contract. This Agreement supersedes all other contracts (both written and oral) between the Client and the Contractor. This signed Agreement also acknowledges the Client’s full understanding of terms and conditions.
NON-DISCLOSURE AND NON-SOLICITATION (8)
Both parties mutually agree that certain confidential information may be exchanged during the course of this engagement. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree not to disclose the following.
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- Technical materials, models and relevant technical articles, technical reports owned by either party;
- Sales materials, including but not limited to all quality management methods, pricing methods, sales methods and customers’ materials;
- All the intellectual property rights (including those exclusively owned by either party, whether owned now or developed in the future); and,
- Any other information that either party claims as
The Client agrees that the Contractor may, from time to time, share testimonials and results achieved as a result of service provided for marketing purposes. The Client can request that personal and brand information be omitted from case studies and testimonials.
CONFIDENTIALITY (9)
Contractor will not at any time or in any manner, either directly or indirectly, use for the personal
benefit of Contractor, or divulge, disclose or communicate in any manner any information that is proprietary to the Client. Contractor will protect such information and treat it as strictly confidential.
This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Contractor will return to Client all records, notes documentation and other items that were used, created, or controlled by Contractor during the term of this Agreement with the exception of items purchased by Service Provider and not reimbursed by the Client.
CHANGES & AMENDMENTS (10)
The Client understands all estimated time and costs for tasks are informal calculations. If the scope of tasks needs further discussion the Contractor will contact the Client to renegotiate terms.
SEVERABILITY (11)
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
RESPONSIBILITY (12)
The Contractor strives to provide error-free work. Typographical errors or mistakes which are clearly the fault of the Contractor will be corrected at no charge. Final proofreading is the responsibility of the Client. The Contractor is not responsible for any loss due to clerical errors on our part missed by the Contractor.
The Contractor assumes no responsibility for consequences resulting from the provision of information and services, including, but not limited to, errors or omissions.
All information provided is intended solely to provide general guidance on matters of interest for the personal use of the Contractor, who accepts full responsibility for its use. It is provided with no guarantee of completeness, accuracy or timeliness, and without warranty of any kind. Information provided does not constitute legal, accounting, tax or consulting advice.
The client must ensure they are compliant with the all laws relating to data and privacy, including but not limited to GDPR if advertising to the EU. The client will hold harmless, protect, and defend the Contractor from any claim or suit which may arise from any data or privacy breach.
CHOICE OF LAW (13)
The applicable law to the Agreement and to disputes arising out of the subject matter of this Agreement is the law of the province of Queensland Australia.
RIGHTS (14)
The Client has full ownership of intellectual copyright of all work done by the Contractor. If any third party intellectual property rights or images are used in the Material the Contractor shall ensure that it has secured all necessary consents and approvals to use such third party
intellectual property rights for the Contractor and the Client.
If any material (including but not limited to images, fonts, content) is supplied by the Client, the Client shall ensure they have secured all necessary consents and approvals to use such third party intellectual property rights for the Contractor and the Client.
The Client hereby agrees that all materials furnished to the contractor are owned by the Client, or that the Client has permission from the rightful owner to use such materials, and will hold harmless, protect, and defend the Contractor from any claim or suit which may arise from the use of such materials.
DISPUTES (15)
If any dispute arises involving the performance of this contract or the interpretation of its terms, before resort to legal action is had by either party, it is agreed that if negotiations fail, the parties shall utilise mediation, each party bearing their own costs.
NOTICES (16)
Any notice may be given by delivering it to the other party at the above address, or by facsimile, or otherwise allowed by law.