Arikserv

Sections:

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• Payment & Fees

• Term

• Termination

• Confidentiality

• Relationship Between Parties

• Ownership

• Intellectual Property

• Limitation Of Liability

• Variations

• Alternative Dispute Resolution

• Entire Agreement

• Severability

• Acceptance By Conduct

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Payment & Fees

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– The Parties agree that the total cost of the Services will be paid at the acceptance of the Agreement to the Marketer

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– The Parties agree that the Marketer will provide an invoice to the Client upon receiving the payment

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– The Client is responsible for making all external payments such as ad spend and media spend, this is not included in the service quotation

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– All payments & fees are non-refundable. If the Client wishes to cancel the Services provided under the Agreement at any time or the Agreement is terminated, no part of the payment is refundable to the Client

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– The Client warrants that he/she is the owner of the firm/company/establishment and/or is legally authorised to enter into the Agreement

 

Term

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– This Agreement shall be effective on the date of accepting the Agreement (hereinafter referred to as the “Effective Date”). It will end upon completion of the Services.

 

Termination

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– The Agreement may be terminated in case the following occurs:

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1. The Agreement will be terminated immediately if one of the Parties breaches the Agreement. More specifically, it will also be terminated if one of the Parties breaches a condition set forth in the Agreement without amending it.

2. The Agreement can be terminated at any given time by providing a written notice to the other party 5 days prior to terminating the Agreement.

3. The Agreement will automatically be terminated when both Parties complete their obligations.

 

 

Confidentiality

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– All terms and conditions of the Agreement (and any confidential information provided by the Client to the Marketer or vice versa) during the term of the Agreement must be kept confidential unless the disclosure is required pursuant to process of law.

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– The Client agrees to provide all files/images/information required to perform the services and gives permission for the Marketer to delegate/outsource this data to contractors and/or freelancers when required.

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– Disclosing or using this information for any purpose beyond the scope of the Agreement (or beyond the exceptions set forth above) is expressly forbidden without the prior consent of the Parties.

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– The Parties’ obligation to maintain confidentiality will survive termination of the Agreement and remain in effect indefinitely.

 

Relationship Between Parties

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– The Parties agree that the Marketer in the Agreement is an independent agency, as he/she provides the services hereunder and acts as an independent agency.

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– The Marketer shall not be considered an employee under any circumstances.

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– The Agreement does not create any other partnership between the Parties.

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– The Agreement is an Agreement that is not based on exclusivity. Hence, the Parties are entitled to enter into other Agreements with other parties.

 

Ownership

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– The Parties agree that all products created by the Marketer will remain the exclusive property of the Client, as long as it is relevant to the performance of the Services set forth in this Agreement.

 

Intellectual Property

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– The Marketer agrees that any intellectual property provided to him/her by the Client will remain the sole property of the Client, including (but not limited to) copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information, or trade secrets.

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– The Marketer will refrain from using such intellectual property upon the termination of the Agreement.

 

Limitation Of Liability

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– Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to the Agreement or the transactions it contemplates (including breach of contract, tort, negligence, or other form of action)—if said damage is the direct result of one of the party’s negligence or breach.

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– The Marketer shall not in any circumstances be liable, whether in tort or contract misrepresentation, for any loss of profits, loss of business, depletion of goodwill or similar losses, loss of anticipated savings, loss of contract, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

 

Variations

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– The Parties agree that any variations made to this Agreement must be made in writing and accepted by both Parties to this Agreement.

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– As such, any variation made by the Parties will be applied to this Agreement.

 

Alternative Dispute Resolution

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– The Agreement and any disputes or claims arising out of or in connection with the Agreement or its subject matter or formation are governed by and construed in accordance with the law of Ireland.

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– The Parties agree that the courts of Ireland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement.

 

Entire Agreement

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– The Agreement contains the entire agreement and understanding among the Parties hereto, with respect to the subject matter hereof. It supersedes all prior agreements, understandings, inducements, and conditions (express, implied, oral, written, or of any nature whatsoever with respect to the subject matter hereof). The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

 

Severability

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– In an event when any provision of the Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions will still be enforced, in accordance with the Parties’ intention.

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Acceptance By Conduct

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– The acceptance of this Agreement is demonstrated by conduct. By making payment for the Services, the Client acknowledges and accepts the terms and conditions outlined in this Agreement. Payment for the Services shall serve as conclusive evidence that the Client has read and accepted this Agreement and its terms.

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