terms + conditions

This page contains the written Social Media Manager Contract for The Incentive Brand (The Client). 

This page is only visible to GINGR CO and The Client, once The Client has reviewed and agreed to the contract, GINGR CO will email a physical copy to The Client to sign and this page will be deleted. Please do not hesitate to contact us any questions, comments and/or concerns to us at hello@gingrco.com . Thank you. 


DESCRIPTION OF THE SERVICES: Sanglui Azang-Njaah of GINGR CO (the Marketer) will be providing social media management services for Ashleigh Parker & Emily Jenkins’s company The Incentive Brand (the Client). 

GINGR CO has agreed to perform social media management services for the Client’s Instagram platform for a period of three (3) months and terminating on February 13th, 2021, for an agreed compensation of $1,500.00 to GINGR CO. 

The Client hereby authorizes and gives full permission to GINGR CO to do the following on their Instagram for the Client during the agreed contract period:

  • Upload pictures, videos and other audiovisual elements

  • Post regular updates on [client] Instagram

    • A minimum of 3 updates per week, and sometimes 2-3 updates if there are other things to be communicated. Buy any given month, a minimum of 12 post updates per month.

  • Moderate comments, delete spam.

GINGR CO may only spend a maximum amount of  10  hours on the Client’s work per week.

INTELLECTUAL PROPERTY:

All intellectual property contained within the will become the intellectual property of the Client, free and clear, as a work-made-for-hire. 

Notwithstanding the specific rights of intellectual property outlined by the Agreement, the Marketer shall be permitted to use all work in the Marketer’s professional portfolio, after such work has been made public by the Client. Nothing contained herein shall limit the Marketer’s such right.

The Marketer hereby acknowledges and agrees that the Marketer may receive confidential and/or proprietary information relating to Client’s business. Such information may include, but will not be limited to client list, client enotes, specifications, project information, plans, and/or technological resource. The confidential and/or proprietary information is significantly important to the Client’s business and it has been developed or obtained over time, with significant resources involved. The Marketer understands and agrees that any unintended disclosure of any of the confidential information and/or proprietary information would be significantly detrimental to the Client. As such, the Marketer agrees that they shall:

  • Not disclose the confidential and/or proprietary information by any means not authorized by the Client to any third parties.

  • Not copy or duplicate the confidential and/or proprietary information unless specifically directed to do so by the Client.

  • Not disclose the confidential and/or proprietary information by any unauthorized means to any third parties for a period of at least one year following the termination of this agreement, without communicating with the Client first.

  • Not use the confidential and/or proprietary information for any purpose except those expressly authorized by the Client.

  • Inform Client immediately if the Marketer becomes aware of any unauthorized use or disclosure the confidential and/or proprietary information.

PAYMENT :

The Client will pay GINGR CO $1,500.00. Cash and online payments made through PayPal are accepted forms of payment. No projects, edits or work will begin or be delivered until funds have been cleared. 

Payments are due by the  13th  of each month starting on November 13th 2020, followed by December 13th and January 13th. the Client will receive an invoice from GINGR CO by the  1st  of each month starting in December 2020. The Client understands GINGR CO does not apply late fees to past due invoices however, all services will be discontinued until the Client’s invoice has been paid.

GINGR CO’s Social Media Management service is a 3-month contractual service. Once the first 3-months of this service have been completed, the Client can choose to renew for another 3-months or have a month-to-month service. Should the Client choose to renew for another 3-months, they will not be required to pay a sixty percent deposit at the time of renewal. Monthly Service rates will vary depending on the package selected.

CLIENT LEGAL REQUIREMENTS:

It is the Client’s sole and exclusive responsibility to ensure that all legal requirements for the Client’s business are met. Such legal requirements include, but are not limited to, ensuring claims on advertising and graphics are true, accurate and may be legally stated, as well as ensuring all products and product sales are lawful. The Marketer shall not be responsible for any legal, technical, or regulatory specifications.

TERMINATING OF CONTRACT: 

The Client understands that by entering into this agreement, GINGR CO is foregoing other creative jobs. In the event of a cancellation or postponement of the social media management services/agreement by the Client, the amounts paid are non-refundable. 

If at any time the Client needs to terminate this agreement, the Client understands that GINGR CO will discontinue services that same month the Client terminates. 

If at any time the Marketer needs to terminate this agreement, the Marketer agrees to continue to service the Client for the remainder of the most recent paid invoice by the time of the Marketer’s termination.

If the Marketer cannot perform this contract due to fire or other casualty, act of nature, or other cause beyond the control of the Marketer, or due to the designer’s illness or emergency, then GINGR CO shall refund your deposit and shall have no further liability with respect to this contract. This limitation on liability shall also apply in the event that digital content is damaged in processing, lost through camera/laptop malfunction, or otherwise lost or damaged without fault on the part of the Marketer. In no event shall GINGR CO be liable to you for any amount in excess of your social media management fee. 

In no event will the Client be responsible to continue to pay GINGR CO the remaining balance of this should either party terminate this agreement.

ENTIRE CONTRACT: By entering into this contract, you acknowledge that GINGR CO shall provide the requested Social Media Management service to you to the best of its abilities. This agreement contains the entire understanding between the Marketer and the Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. Every effort will be made to assure your satisfaction in accordance with accepted industry standards. 

By booking, you agree that you have carefully read and understood the terms and conditions as stated above.