Lince Digital Marketing
Social Media Management Service Contract
THIS AGREEMENT, by and between the undersigned, ( Customer Name) (hereinafter “The Client”), and LINCE DIGITAL MARKETING LLC (hereinafter referred to as the “LDM”), is made and entered into on the date indicated on the last page.
Scope of Services. The client hereby retains LDM for the express purpose of Social Media Management of the Client’s business. Precisely, the Client maintains LDM to provide the following services:
Terms of Service for Platforms and Providers. LDM offers various services to market businesses online, improving visibility in different digital channels. LDM provides social media marketing, search engine optimization, website development, and related services on a local, national, and international basis. As such, we submit information on the Client’s behalf to social media sites and search engine providers, to whom the Client must agree to their terms and conditions. These providers may include but are not limited to Facebook, LinkedIn, Instagram, Google, Yahoo, MSN/Bing, Yelp, Twitter, Pinterest, YouTube, TikTok, and other platforms or providers. The terms and conditions of these providers shall apply, and The Client agrees to comply with such terms and conditions and to hold LDM harmless for any violation of said terms and conditions caused by the Client.
Duration of Service. This Contract shall commence on the effective date and continue for six months, after which it will auto-renew for a new one-year period.
Right to Use Material. LDM has the right to place information about the Client’s business on the customer’s social media channels. The Client authorizes LDM to develop content based on information or material provided by the Client or Client’s agent(s) and collected by LDM, including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. The client represents that the material and information The Client provides to LDM is truthful not misleading and that the Client has the authority to describe this product and service information to LDM. Additionally, if so contracted, The Client authorizes LDM to contact the Client’s customers on behalf of the Client to gain endorsements and reviews of the Client’s products and services for publication.
Approval of Content: The client understands that post copies and visuals will be sent for permission before publishing content on any platform or with any provider. The timeliness of these pieces is critical to campaign performance. As such, the Client agrees that all monthly content will be considered expressly approved three days after the content was sent for approval unless requested edits or other communication is sent to LDM from the Client.
Client’s Obligations. The Client shall provide assistance, technical information, and decisions to LDM, as reasonably required by LDM, in sufficient time to facilitate the execution of marketing efforts by any estimated delivery dates or milestones. The Client agrees to work closely with LDM to provide regular information and feedback so LDM can create fresh content and adjust marketing efforts accordingly. The Client shall have sole responsibility for ensuring the accuracy of all information provided to LDM and warrants and undertakes to LDM that the Client’s employees assisting in the execution of an effort have the necessary skills and authority. This includes providing login information and passwords to access social media, analytics, hosting, domains, and other third-party accounts essential for LDM’s marketing efforts.
Rates. In exchange for the services provided according to this Agreement, LDM agrees to charge, and the Client agrees to pay LDM a monthly fee of (“Monthly Service Fee”) described on the scoop of service.
Payment. The client understands and agrees that LDM will issue invoices to the Client with payments due within five (5) days of LDM’s delivery of each invoice. Failure to secure final approval from the Client on social media content creation, digital creatives, or coop reimbursement on digital ads will not be considered a reason to delay payment beyond the due date. Interest will accrue at 18% per annum or the highest rate permitted by law on all outstanding balances that remain unpaid for more than thirty (30) days from the date LDM delivers the invoice for such amounts to the Client. This service requires automatic payment.
Termination. LDM may reject a work order and/or immediately terminate this Agreement, upon notice to the Client for any of the following reasons: (a) if the Client fails to make payment when due or otherwise fails to perform any of the provisions of this Agreement, (b) if the Client makes an assignment for the benefit of creditors, (c) if a petition in bankruptcy or for reorganization under the bankruptcy or insolvency laws is filed by or against the Client, (d) if the Client ceases doing business or is likely to cease doing business or (e) in the opinion of LDM, the credit of the Client is or may be impaired. If this Agreement is terminated, the Client will remain liable for balances due on any purchased products and services, whether billed or unbilled, on the termination date. LDM agrees that, upon termination, a final invoice for all charges not previously issued to the Client via invoice shall be issued within thirty (30) days.
Notices. All notices and other communications with this Agreement shall be in writing and sent to rnovoa@lincedigitalmarketing with a copy to [email protected].
Entire Agreement. This Agreement supersedes all prior agreements between LDM and Client concerning its subject matter. It constitutes a complete and exclusive statement of the terms of the Agreement between LDM and Client. An amendment or modification of this Agreement shall be valid only if it is in writing, signed by LDM, and signed by the Client.
Litigation. This Agreement shall be interpreted and enforced under Florida law without regard to conflicts of law. In any action brought to interpret or enforce this Agreement, the prevailing party shall recover their reasonable attorney’s fees and costs from the non-prevailing party. LDM and Client agree that the exclusive venue for any litigation filed to enforce this Agreement shall be Broward County, Florida.
Independent Legal Advice. LDM and Client represent that each had an opportunity to discuss the Agreement with their respective legal counsel or seek other legal advice and that each has read and understands the Agreement’s provisions. No party relies on any promises or other representations not outlined in this Agreement, and each Party has knowingly and voluntarily entered into this Agreement.
Construction of Language. The language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly construed for or against either LDM or Client.
Counterparts. This Agreement may be executed in counterparts, which, taken together, shall be deemed an original, but all taken together shall constitute the same instrument.v
