Prestige Digital Agency Terms & Conditions
1. BACKGROUND
This Marketing Agreement (the "Agreement") is made effective by and between The Client of (the “Company”) and Prestige Digital Agency LLCPrestige Digital Agency LLC has a background in digital marketing and is willing to provide services to The Client, of (the “Company”) based on this background.The Client, desires to have services provided by Prestige Digital Agency LLC. Therefore, the parties agree as follows:
2. SCOPE OF WORK
Prestige Digital Agency LLC will provide the following services (collectively, the "Services"):
Package Being Provided:
Prestige Package
Prestige Package Includes:
Campaign Advertising Platform: Facebook, Audience Network, Messenger
Campaign Advertising Platform: Instagram
4x Brand Exposure
Lead Generation
Campaign with call to action per new lead
Meta Pixel Installation
Strategic Ad profitability analysis
Analysis Report (Monthly)
Built-In CRM
Website Social Media Automation
Client Booking Automation
a. Prestige Digital Agency LLC shall implement plans and strategies that help The Client sell its products or services.
b. Prestige Digital Agency LLC shall conduct research to know the consumer behavior and what motivates consumers' purchase of a product. Prestige Digital Agency LLC shall use that research to design approaches specific to The Client's needs.
c. Prestige Digital Agency LLC shall interact with the sales and product teams to determine the marketing strategy.
d. Prestige Digital Agency LLC shall work with the public relations team to review branding, and positioning of The Client ads to make sure that the ads have an impact on the public.The manner in which the Services are to be performed and the specific hours to be worked by Prestige Digital Agency LLC shall be determined by Prestige Digital Agency LLC. The Client will rely on Prestige Digital Agency LLC to work as many hours as may be reasonably necessary to fulfill Prestige Digital Agency LLC's obligations under this Agreement.
3. PAYMENT
The payment of $800 will be paid by the Client each month as a retainer fee for the Company's services. This is a month to month agreement.
This agreement will last for one month and shall automatically renew each month until otherwise agreed upon by both parties. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement will be in USD (United States Dollars).
4. NEW PROJECT APPROVAL
Prestige Digital Agency LLC and The Client recognize that Prestige Digital Agency LLC's Services will include working on various projects for The Client. Prestige Digital Agency LLC shall obtain the approval of The Client prior to the commencement of a new project.
5. TERM/TERMINATION
If the Client wishes to terminate this agreement prior to the initial term of one month, the Client is entitled to a 100% refund if it is within 30 days of the first ad ran (not including ad spend). If the Client wishes to continue doing business with us, the Client IS NOT entitled to a refund if they were offered a 1 month free trail upon agreement. Other than Section 1 of this Agreement (Scope of Work), there are NO GUARANTEES of any kind. Upon cancellation of this Agreement, the Company will compile the Client's leads and products) into a CSV file as necessary and email them to the Client. The Company will also delete the Client's automation CRM account, delete the Sponsored Ads from the Client’s Business Manager, and remove the Company from all: Client accounts as necessary.
6. RELATIONSHIP OF PARTIES
In providing the services under this Agreement it is expressly agreed that the Company is acting as an independent contractor and not as an employee. The Company and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for services. The Client is not required to pay or make any contributions to social security, local, state, or federal tax, unemployment compensation, workers' compensation, insurance premiums, profit-sharing, pension, or any other form of employee benefit for the Company. The Company is responsible for paying and complying with reporting requirements for all local, state, and federal taxes related to payments made to the Company under this Agreement.The Client also agrees that the Client will not make any edits to work done by the Company without first discussing the changes with the Company:The Company's set working hours are Monday - Friday 11:00 am - 7:00 pm EST.The Client will only communicate with the Company via email outside working hours.
7. EMPLOYEES
Prestige Digital Agency LLC's employees, if any, who perform services for The Client under this Agreement shall also be bound by the provisions of this Agreement.
8. CONFIDENTIALITY
Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, businesses processes, client records, and information that is not generally common knowledge in the industry of the Client and where the release of the Confidential Information could reasonably be expected to cause harm to the Client. The Company agrees that they will not disclose, divulge, reveal, report, or use, for any purpose, any confidential information which the Company has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term of this Agreement and will survive indefinitely upon termination of this Agreement. All written and oral information and material disclosed or provided by the Client to the Company under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Company.
9. SEVERABILITY
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
10. WAIVER OF CONTRACTUAL RIGHT
The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the United States of America and the State of Florida. The Parties irrevocably submit to the exclusive jurisdiction of the federal and state courts located in Miami, FLORIDA.
11. APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Florida.
12. OWNERSHIP OF INTELLECTUAL PROPERTY
All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design, and trade name (the "Intellectual Property") provided by both the Client and the Company will remain the Intellectual Property of the respective party that created or provided the Intellectual Property after this Agreement has been canceled.
13. INDEMNIFICATION
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
14. TIME OF THE ESSENCE
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
15. MODIFICATION OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
16. INURNMENT
This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, and permitted successors and assigns.
17. TITLES / HEADINGS
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, and permitted successors and assigns.
18. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
19. SMS DISCLOSURE
By signing up via text, you agree to receive recurring automated marketing messages, including new promotions and follow up messages from Prestige Digital Agency, at the phone number provided. Consent is not a condition of purchase. Reply HELP for help or more information. Reply STOP to unsubscribe. Message frequency varies. Message & data rates may apply. Your Privacy is our priority. Your information will not be shared.
ACCEPTANCE
Your signature below indicates acceptance of this marketing proposal. Your initial payment per the terms above will also represent acceptance of this proposal, and entrance into a contractual agreement with Prestige Digital Agency, LLC.