Social Media Agreement
This Agreement is executed on between , hereinafter referred to as "the Agency" which expression shall include its successors and assigns) of the one part hereafter also to be referred as “AGENCY” & Kayleigh Wanless (and any associated businesses) and hereinafter referred to as "the Client", which expression shall include its successors and assigns of the second part, hereafter also to be referred as the “CLIENT” 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 brands; Kayleigh Wanless, and DankDollz. 2. AGENCY SERVICES The Agency shall provide to the Client, services, which shall include the following: Setting up and or running accounts on social media platforms such as Facebook, Twitter, You Tube, Instagram and similar. Creating content, engagement as well as ongoing management of these platforms Monitoring social media conversations and responding to the same Managing and reporting on all social media marketing as agreed or agreed on an ongoing basis. 3. COMMENCEMENT AND DURATION This agreement is deemed to commence from the and shall remain in force for a rolling 30 day period. 4. CONFIDENTIALITY 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. This agreement will be subject to the jurisdiction of the United Kingdom, and any dispute of the agreement shall be heard in a an English Court of Law. 6. AGENCY FEES AND REMUNERATION All out-of-pocket expenses such as outstation travel, stay, etc incurred by the Agency, as part of this assignment, would be borne by the Client. Such out of pocket expenses will be incurred by the Agency only after specific approval from the Client. Similarly charges for any other services including video creation, application development, media buy, purchase of licensed images and content, etc. if applicable, will be charged extra, subject to prior approval by the Client. 7. INTELLECTUAL PROPERTY Any and all social media accounts, and the content of the accounts shall remain the property of the Client. Unless otherwise explicitly agreed in writing, the online social media accounts, names, tags, handles, images, and anything else relating to or associated with these accounts, should remain active and available. Any loss, or disruption to the accounts as a result of negligence, or action taken by the Agency will be compensated by the Agency to the Client at the full commercial cost of the loss, including but not limited to costs associated with rebuilding of the brand or any sub sequential loss. 8. ACCESS Full access to the online social media accounts which are covered by this agreement and owned by the Client, will be granted by the client. This includes the provision of all log in usernames and passwords. The Agency is responsible for keeping safe this information and is responsible should their negligence result in any losses. The Agency is authorised to change passwords for online social media accounts, but must provide the new passwords to the Client by a secure method within 24 hours of the change. 9. 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. 10. 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 the Client and the Agency. 11. WAIVER The failure of either party at any time to enforce any provision of this Agreement, shall in no way affect its right thereafter to require complete performance by the other party. 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.
12. TERMINATION Either party may terminate this agreement by giving 30 days written notice to the other, without assigning any reason whatsoever. The obligations of the parties shall continue during the notice period. In the event of termination, the Agency must ensure that all social media accounts are protected and are handed back to the Client in good condition at the end of the notice period. The Agency must ensure access to all social media accounts is given to the Client no later than the last day of the 30 day notice period. IN WITNESS WHEREOF the parties hereto have executed this Agreement in duplicate through their respective duly authorized officials on the day, month and year hereinabove mentioned.
For the Client Name: Kayleigh Wanless
For the Agency Date:
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Signed by Kayleigh Wanless
Signed On: May 20, 2020
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Document Name: Social Media Agreement
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