1. Duration: All Agreements shall be for a 12-month duration from the commencement date unless otherwise indicated.
2. Cancellation Period: The Client may cancel this Agreement within the first 30 days and only 60 days shall be payable. If the Agreement is cancelled after this period, 90 days shall be payable from the date of cancellation.
3. Content: SMARTAP FZE Marketing Consultancy will acquire the content as outlined in the Agreement. Further content required by the Client is chargeable to the Client. Additional content visits shall be invoiced directly to the Client at the prevailing rates.
4. Advertising: The Allocated Advertising Budget is in addition to the Agency Fees listed above and will be invoiced in advance. The advertising budget will attract up to a 10% management fee. Any advertising additional to this Agreement requested by the Client will be invoiced in advanced each month. Breach of Payment terms will result in automatic suspension of advertising spends.
5. Access: The Client will provide full and uninterrupted access to all digital and other platforms as contained within this Agreement and allow the Agency to act on their behalf on such platforms.
6. Intellectual Property: All Content created by the Agency for the Client shall remain the property of the Agency until all financial obligations are discharged by the Client in full. Accounts will be retained by SMARTAP FZE in the event of non-payment by the Client.
7. Liability & Indemnity: The Client hereby fully indemnifies and holds harmless SMARTAP FZE, their Directors, Employees, Agents and Volunteers and any third party engaged by the Agency in execution of this Agreement against all liability and legal action or otherwise resulting from this Agreement.
8. No Fault: The Client hereby agrees to fully indemnify SMARTAP FZE
9. Service Interruption: The Agency will not be held responsible for service interruption occurring through acts outside of our control, such as Force Majeure, internet shutdowns, site closures, law changes, etc.
10. Non-Payment of Invoice: Non-payment of any invoice will result in SMARTAP FZE ceasing to conduct any further works until the client discharges all of their payment obligations.
11. Dispute Resolution: Any commercial dispute arising from this Agreement shall be settled through mediation between the parties, and failing an agreement, SMARTAP FZE will appoint a 3rd party for financial recovery.
12. Electronic Signature & Agreement: An electronic signature will suffice as an original signature and the subsequent electronically signed document will, for all legal purposes, be considered as the Original Agreement. No company stamp or original signature is required in this case.