(No Special Projects Assumed)
Task Description
Timeline
Creative Development Planning
Week 1-2
Setup Media Accounts
Week 2
Mailing List Generated
Week 2-3
Launch Plan of Action
Week 3
Media Creative Completed
Week 4-5
Initial Follow Up Meeting
Week 6
1st Quarterly Meeting
Week 12
2nd Quarterly Meeting
Week 24
3rd Quarterly Meeting
Week 36
4th Quarterly Meeting / Year Review
Week 48
Note: Some services are based on commission of spend, but go towards and expected hourly rate for work rendered.
Description
$ Per Hour
Hours
Price
Notes
Print Work
Ad Words Management
Social Media Ads Management
Additional Media Work
Direct Mailing
Marketing Strategy
Our fees are based on hybrid agency models, depending upon the type of work your business requires from us. Our flat rates are:
$55 an hour for basic print design and development
$75 dollar an hour for advanced web, illustrative, photography, and/or video work
$125 an hour for out of contract web and software programming services.
We also charge 10-20% of web ad spend budgets we are put in charge of depending on the platform and amount.
All other classic media budgets are maintained freely, as we maintain agency commissions from partners. Some services are based on commission of spend, but go towards and expected hourly rate for work rendered.
Agreement Date
Between “us”, Business AEM, and “you”, located at is hiring Business AEM, located at located at , to perform this proposal and plan for the estimated total budget of as outlined.
1.0 Services Rendered
1.1 STRATEGY & DESIGN
After the strategy and design plan is approved we’ll follow the guidelines and strategy documented. However, you’ll have quarterly opportunities to review our work and provide feedback. If you would like us to follow up more often, you may contact us to go over and additional concerns at any time. If, at any stage, you’re not happy with the direction our work is taking, you will pay us in full for everything we’ve produced up to that that point and then cancel this contract.
1.2 ERRORS
We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages. Unless there are specific issues we have been warned of ahead of time, but personally neglected on our own accord.
2.0 Mutual Cooperation
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your projects and to cooperate with us in expediting the work.
3.0 Charges for Services Performed
Requests above and beyond those listed in the budget may be considered out-of-scope and an amendment to the budget will be recommended. Standard listed fees will apply, and you will be made aware of, and asked permission prior to proceeding and incurring additional charges outside the budgeted project scope.
4.0 Terms of Payment
4.1 BILLING SCHEDULE
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule.
The total budget for this project: {total}
Business AEM will invoice for a total of $
Fifty percent (50%) of the initial fees at point of this signed contract agreement which will act as the deposit. The remaining 50% will be billed monthly as the service hours are spent or when the project is launched. [OR]
Monthly charge of for services and projects rendered as described in the plan listed. Payable each month. [OR]
Quarterly charge of for services and projects rendered as described in the plan listed. Payable each quarter as follows: [OR]
Custom
4.2 PURCHASE ORDERS AND INVOICING
All necessary purchase order numbers and other internal information required for invoice processing before the close of the month or billing cycle will be communicated between all respective companies prior to billing.
4.3 CLIENT AGREEMENT TO PAY
You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project. Every invoice after that will have 30 day payment terms. In the event payment is not made within 30 days, late payment fees of 1% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs Business AEM pays for carrying overdue invoices. In addition, Business AEM reserves the right to stop work until payment is received.
4.4 COLLECTION COSTS
In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
5.0 Cancellation of Plans
You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancellable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
6.0 Responsibilities
6.1 BUSINESS AEM’S RESPONSIBILITY FOR RELEASES
We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
6.2 YOUR RESPONSIBILITY FOR RELEASES
You guarantee that all elements of text, images, or other artwork you provide are either owned by yourselves, or that you have permission to use them.
Then when your final payment has cleared, copyright will be automatically assigned as follows: You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
6.3 YOUR RESPONSIBILITY FOR ACCURACY
You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.
7.0 Confidentiality
Business AEM acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Business AEM on behalf of you or disclosed by you to Business AEM.
8.0 Term and Termination
8.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION
This Agreement shall become effective as of the date of signing and shall continue until terminated by either party upon not less than 60 days’ notice in writing given by either party to the other.
8.2 TERMINATION FOR CAUSE
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.
8.3 PAYMENT FOR NON-CANCELABLE MATERIALS?
Any non-cancellable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon your request, that any such materials and services, are non cancellable.
8.4 MATERIALS UNPAID FOR
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
8.5 TRANSFER OF MATERIALS
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by Example Company to Business AEM, Business AEM shall transfer, assign and make available to you all property and materials in its possession or control belonging to you. You agree to pay for all transfer costs that may incur.
9.0 General Provisions
9.1 GOVERNING LAW
This Agreement shall be governed and construed in accordance with the law.
9.2 REPRESENTATIONS AND WARRANTIES
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party
9.3 ENTIRE AGREEMENT
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
Please read the contract on the previous page to make sure you understand all the details involved with us working together. It’s really important to us that everything is transparent and understood from the beginning so that we lay a solid foundation for a great working relationship. If you have any questions at all, please let us know. We’re happy to clarify any points and there may be some items that we can sort out together. We’re committed to finding the best way to work together. Once you feel confident about everything and are ready to move forward, please sign below. Once we receive notification of your acceptance, we’ll contact you shortly to sort out next steps and get the project rolling.
If you’d like to speak to us by phone, don’t hesitate to call.
Business AEM Account Manager (Name Printed) Client Business Representative (Name Printed
Date Date
Business AEM Account Manager Client Business Representative
Web development & designSearch engine marketingSocial media marketingSearch engine optimizationRegional marketingMarketing budget assistanceContent managementFull marketing service plan
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