Analysis of Facebook Marketing Services Agreement:
1. Overview:
- The agreement establishes a contractual relationship between 10Corp (Facebook Ads Consultant) and the Client for the provision of Facebook advertising management services.
- It refers to the terms and conditions outlined in the document, which may be modified from time to time.
2. Engagement of the Company:
- 10Corp will manage the Client’s Facebook Ads, with the Client granting the right to create, adjust, and increase ad spend.
- Ad spend budget must be confirmed before the contract’s signing, and the client must not alter campaigns without approval.
- Services are on a month-to-month basis, limited to one Ads Account.
3. Nature of Engagement:
- Services aim to increase exposure on Facebook, drive targeted traffic to the website, and include market research, persona models, A/B testing, and tracking setup.
- Weekly and monthly reporting is provided, covering campaign performance and recommendations.
4. Facebook Ads Services & Conditions:
- Client grants permission for 10Corp to access Facebook Ads & Business account for optimization.
- Scope of work includes audience targeting, ad creation, retargeting, and daily/weekly/monthly optimization.
- 10Corp fees are separate from Facebook fees, and cancellation of 10Corp management does not stop Facebook Ads fees.
5. Fees, Payments & Consideration:
- Initial setup and monthly management fees are outlined.
- Invoices are issued at the beginning of each month, with payment due by the 20th.
- Termination conditions and refund policies are specified.
6. Intellectual Property & Copyright:
- 10Corp retains property rights for creation files.
- Copyright in artwork is retained by 10Corp unless agreed otherwise.
- 10Corp has the right to use materials for various purposes unless agreed otherwise.
7. Company’s Warranties and Indemnity:
- 10Corp warrants to provide services with reasonable care and skill.
- Performance dates are estimates, and 10Corp may use subcontractors.
- Changes to services may be made to comply with applicable law.
8. Force Majeure:
- 10Corp is not liable for delays or failures beyond its control, including natural disasters, terrorism, and industrial disputes.
9. Client’s Warranties and Indemnity:
- Client warrants legal ownership or licensing of provided materials.
- Client indemnifies 10Corp against any claims, with certain exceptions.
10. Confidentiality:
- Both parties agree to keep campaign-related information confidential.
11. Termination:
- Termination conditions and notice periods are outlined.
- Client must pay for non-cancelable materials and services upon termination.
12. Nature of the Agreement:
- The agreement constitutes the entire understanding between the parties, superseding prior agreements.
13. Severance:
- Provisions held void or unenforceable are severed, preserving the remaining agreement.
14. Notices:
- Notices must be sent via electronic mail unless agreed otherwise.
15. Alternative Dispute Resolution:
- Disputes may be subject to external dispute resolution and commercial mediation services.
16. Law and Jurisdiction:
- California law governs disputes, resolved exclusively in federal or state courts of San Diego County.
17. Acceptance:
- Both Client and Company must sign the agreement to engage in Facebook Ads Management Services.
Overall, the agreement is comprehensive, covering various aspects of the relationship, services, fees, and legal considerations. It aims to protect the interests of both parties and establish clear guidelines for the provision of Facebook advertising management services.