OVERVIEW
These terms of service are deemed to form part of any agreement of service between SocMed Now referred to as “Agency” and the paying customer referred to as “Client”.
It is agreed by and between the Client and the Agency as follows:
ACCEPTANCE
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
AGENCY APPOINTMENT
The Client hereby appoints the Client to handle all digital asset marketing and management and related work on services that the Client paid for.
AGENCY SERVICES
The Agency shall provide to the Client services depending on the service package that the Client paid for. Service package inclusion can be purchased either as a whole or as an ala carte.
COMMENCEMENT AND DURATION
This agreement is deemed to commence from the date of the first invoice for service and shall remain in force for 1 calendar month. The agreement will be renewed thereafter every month unless canceled by either party in advance.
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.
GOVERNING LAWS
The Client and the SocMed4All shall comply with all statutory regulations. This agreement will be subject to the laws of the Republic of the Philippines.
AGENCY FEES AND REMUNERATION
The Client agrees to pay the Agency a monthly retainer fee as stipulated on the invoice. The amount and discount stated are subject to change without prior notice, however, any changes made after the first invoice will not affect the amount of retainer fee not unless service is terminated. This amount will be payable at the beginning of the month of service, upon receipt of an invoice from the Agency in advance. What is not included in the retainer fee are any advertisement expenses paid through different social or digital channels such as Facebook Ads, Instagram Ads, Google Ads, Twitter Ads, Pinterest Ads, and Linkedin Ads in the event that such service is availed by the Client.
TAXES
All statutory taxes shall be borne and paid by the Client to the Agency
PAYMENT TERMS
The Client agrees to pay Retainer Fees against Invoices at the beginning of the month for that particular month. All other Invoices raised on the Client will become payable within 14 days from the date of all such Invoices.
INDEMNITY
The Client shall indemnify and keep the Agency indemnified against all losses, expenses or damages that may be suffered by the Agency due to any default or breach of terms by the Client under this Agreement.
NON- SOLICITATION
Both the Client and the Agency hereby covenant that during the term of this agreement and for a period of one year following its termination or expiration, it shall not, without the previous written consent of other parties, employ or contract the services of any person who was employed by the party at any time during a period of 12 months preceding the date on which the offer for employment is made to the party.
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.
EVALUATION
The Client and the Agency shall evaluate progress under this agreement at the end of this month and every month thereafter and take corrective action as may be required.
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 both parties (if hard-copy) or mutually agreed by return (if by email) by the authorized officials of the Client and the Agency.
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.
TERMINATION
Either party may terminate this agreement by giving 1 month written notice to the other, without assigning any reason whatsoever. The obligations of the parties shall continue during the notice period. Example: If your invoice date is the 1st day of the month, and you cancel on the 5th day of January, your service would renew on 1st February and end on 28th February. Your last invoice would be on the 1st of February.
ARBITRATION
Any dispute, difference or question arising out of this agreement shall be settled amicably between the parties, failing which the same shall be referred to arbitration under the laws of the Republic of the Philippines. The place of Arbitration will be Carmona, Cavite, Philippines
NOTICES
Any or all notices to be given by the parties hereto to each other under this agreement shall be in writing and shall be transmitted by email or by registered post or by courier service as elected by the party. In the event notice is served by email by either party, it shall only be effective once the other party has returned by email to confirm receipt. Both Client and Agency confirm that receipt on notices issued by email will be confirmed to the other party within 5 business days.
SEVERABILITY
If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).