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Marketive

Terms & Conditions

Services Rendered

DESIGN

We create designs for social media to be posted across different platforms and banner designs for advertisements. Our design techniques are based on what works currently in the market and get the desired results.

You’ll have weekly opportunities to review our work and provide feedback. 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 point and then cancel this contract.

CONSULTANCY

It is our job to suggest you the best practices and educate you as clients about what works and what doesn’t. We try to create a tailored marketing plan for you that will help you create awareness, build your brand and create several consistent channels to get targeted traffic to your website.

MARKETING

Our services in marketing include creating and optimizing the campaigns we take up and reporting about the performance of each campaign. We will be with you during every active campaign and post the campaign to suggest what ought to be done to improve. 

Ad budget is not included in our proposal and any extra payment that is to be done to a third party is not a part of this contract.

If you want custom graphics to be uploaded you will have to provide us with graphic files. Photographs must be in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries and style of photography/images. Cost of buying stock photographs or a photo shoot is not included in this contract.

OPTIMIZATION

We’ll test the results of the campaign and find the more profitable alternatives. These changes are a part of optimization which we would be happy to do.

CHANGES AND REVISIONS

We know from experience that graphics are a subjective matter and you would want to have multiple options given to you for the graphics. We don’t want to limit your ability to change your mind or make decisions later when you might be better informed. The price at the beginning of this contract is based on the length of time we estimate we’ll need to design the graphics that are to be posted on social platforms, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate to cover the additional work.

ERRORS

We can’t guarantee that our work will be error-free (we’re humans!) 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, even if you’ve advised us of them.

Mutual Cooperation

We agree to use our best efforts to fulfil and exceed your expectation on the deliverables listed in the proposal. You agree to aid us in doing so by making available to us needed information pertaining to your marketing expectations and inspirations and to cooperate with us in expediting the work.

Charges for Services Performed

Reworks and additional works above and beyond those listed in the proposal may be considered out-of-scope and an amendment to the budget will be recommended.

Terms of Payment

 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 approved payment schedule.

The total budget for this project and payment schedule will be followed as mentioned in the proposal.

Marketive Labs LLP will invoice ‘The Client’ as per the agreed payment schedule from time to time.

CLIENT AGREEMENT TO PAY

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.

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.

PROJECT RESURRECTION FEE

In the event that a client doesn’t clear the pending financials until 11 days after project completion due to any personal or professional reasons, the campaigns will cease to continue. If the client wishes to resume the project after the 21 days’ deadline, a project resurrection fee of 30% of the project amount, would be applied to restart the project.

CONTENT IS NOT A REQUIREMENT FOR PAYMENT

We put in our best effort to acquire content from our clients. We would try and help you with uploading the content that you provide to us (to a limited extent). But content should never affect the billing schedule. You agree that you will not hold our payment hostage in case of content not being ready at your end. You also agree that you will provide the content as soon as possible to avoid the project from getting delayed. Any delay in making the content available to us, shouldn’t affect the payment cycle.

Responsibilities

CLIENT 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.

Confidentiality

Marketive Labs LLP 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 Marketive Labs LLP on behalf of ‘The Client’ or disclosed by ‘The Client’ to Marketive Labs LLP.

Terms of Termination

Period of Agreement and Notice of Termination

This Agreement shall become effective as of DATE IN PROPOSAL and shall continue until terminated by either party upon not less than 60 days’ notice in writing given by either party to the other.

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.

PAYMENT FOR NON-CANCELABLE MATERIALS?

Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as module 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 request of the client, that any such materials and services, are non cancelable.

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.

TRANSFER OF MATERIALS

Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by the client to Marketive Labs LLP, Marketive Labs LLP shall transfer, assign and make available to the client all property and materials in its possession or control belonging to the client. The client agrees to pay for all costs associated with the transfer of materials.

General Provisions

GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of India. The Courts in Mumbai alone shall have the exclusive jurisdiction to try and dispose of any dispute arising out of or under this Agreement.

REPRESENTATIONS AND WARRANTIES

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.

ENTIRE AGREEMENT

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.

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