Many people who work as freelancers or agencies in social media are free from the contracts. In very different forms, contracts can be arranged according to different needs, but the number of lawyers preparing contracts or providing counseling services on this area is very low and the amount that they pay for this service is quite high.
I share an example of a contract that is designed to give you an idea and to use it in your work. You can make and use arrangements according to your need.
SERVICE COOPERATION CONTRACT
Purpose: This contract has been prepared to provide commercial and legal clarification to the basic principles of the Customer-Digital Agency relationship.
Parties to the contract:
................... (Referred to as Customer)
.................................................................................. at the address of XXX Ltd. (To be referred to as Digital Agency)
1. Subject and Scope:
It is the subject of this Agreement that Customer's identification of the services to be provided for the promotion of the brand and how to operate it, the way of working and conditions, and the ownership of the rights on the produced advertising works.
2. Obligations of the Parties:
The Digital Agency shall endeavor to work in full cooperation with the Customer in the direction of the above purposes, to make every effort to maintain and improve the quality of the service provided, and not to advertise other products that are in direct competition with the products and services that they advertise without the approval of the Customer;
The customer should not cooperate with the Digital Agency in all areas in line with the scope of the agreement, in particular not to provide accurate and complete information, as the sole responsibility of the Digital Agency in carrying out the defined service; accept and undertake.
3. Promotion of Confidence Promotion:
The Customer provides all kinds of information and data to the Digital Agency about its products or services, and the Digital Agency produces correct and honest publicity and brand contents based on these data.
The Digital Agency undertakes not to give / share any information obtained from the Client and / or obtained from research conducted on behalf of the Client and paid by the Client to the Client, without the Client's consent. If the customer wishes, the third party who takes part in the business fulfills this commitment through the Digital Agency. This commitment also applies after the agreement has expired.
Likewise, the Customer undertakes not to comply with the confidentiality of the content concept, text, design, software and agency generated content presented to him by the Digital Agency, the confidentiality of all such creative work products, and not to use third parties without the approval of the Digital Agency.
5. Agency Services:
5.1 Social Media Management;
(A) It continuously monitors, comprehends and analyzes the customer's business, operation, products and services and their current and potential market, competitors.
(B) To manage all the generated content for the customer's brand, not limited to Facebook, Twitter, LinkedIn circulars, but for Google Plus and Youtube channels,
By compiling the raw content to be supplied by the brand units, social mediathe creation of appropriate original content,
It includes the production and sharing of daily 2 content, covering 6 days of the week.
Accurate and quality information is a prerequisite for quality content. For this reason, it is very important to determine the quality of the quality and the density of the materials (texts, visuals, sectoral information, etc.) from the brand teams to which our company will be communicated.
(C) The Digital Agency performs the timelines set forth in point 5 (b), as well as the time intervals requested by Customer, with respect to the excuse shown to Customer and its products; to the Customer in the form of a report.
6. Approval, Authority, Change / Correction:
The services and works specified in item 5 can not be started without the approval of the Customer.
Once the Digital Agency has received the Client's general approval for a campaign, it will present the promotional text, campaigns and ideas to the individual.
Approval must be confirmed in writing either in advance or later in writing or in electronic mail correspondence or meeting notes. These written notices are deemed to have been approved by the Client if the parties do not object within the time limit. It is essential that written approvals are given before the commencement of work. Written confirmation of exceptional verbal approvals due to time limitations in urgent matters will definitely be given before the end of the work.
(a) Authorization of text, design and design cost in printed works, Digital Authority, original preparation and related studies (photo taking etc.). The approval of the original and the estimated cost of production gives the power to press.
(b) Approval of the television, cinema and radio scenarios together with the estimated cost of the film production, contracting authority with the Digital Agency, construction contracts and actors, and the approval of films and broadcast programs.
(c) With the approval of the announcements of the broadcast programs of the press campaigns, the cost estimates and the announcements, the Digital Agency shall have the authority to make the necessary arrangements for bookings and announcements in the relevant circulars. The Digital Agency shall promptly notify the Customer of any amendments made by the media in the channel schedule or conditions.
(d) The Digital Agency will be authorized to publish these texts or designs or ideas on digital media channels if Customer grants approval to the text or design or ideas.
In whichever of the Works, the Customer is notified in writing to the Digital Agency, upon the signing of this Agreement, that they are authorized to give consent. The Digital Agency shall not be held responsible for any changes to the approval authorities.
(3) Amendments, Corrections and Errors:
Customer may request amendment, correction of media plans or current work, up to two (2) days prior to publication. In this case, the Digital Agency tries to fulfill this request in accordance with its obligations arising from labor contracts with agents and intermediaries.
If the correction does not originate from the Digital Agency or a third party to which the Digital Agency has linked, or if the Digital Agency is based on a coercive reason, the Customer agrees to cover the agency's expenses and liabilities incurred in connection with third parties.
The Customer also incurs an agency service fee in respect of expenditures and obligations arising from the above-mentioned rectification.
7. Scope and Application of the Digital Agency Commission and / or Fee:
(A) The amounts to be paid by the Customer on a monthly basis as compensation for the services of the Digital Agency in Article 5.1 are indicated in the following table.
(B) Project-based fee:
Other marketing and communication activities that complement the promotion of design, software, application, film making, mobile applications, sponsorship, point of sale, event organization, event organization, direct mailing, marketing, consumer and sales promotions can be evaluated as project work, in addition to the price.
(C) Expenses incurred without applying the Commission:
(b) Inter-country and international travel expenses for the client's business.
Payments under Article 5.1 will be made on the first working day of each month in accordance with the calculation in the table in item 7A.
The Digital Agency finances its own service and does not finance the advertisement of the Client.
The payment times and conditions determined by the Digital Agency in the agreement with the channel organization shall be applied directly, either directly by the Customer or with the approval of the Customer. The agreement with the Mecra organization shall be deemed to be an integral part of this Agreement.
Production, purchasing, organization etc. Jobs; the payment times and conditions of the contract made by the Digital Agency, either directly by the Customer or with the approval of the Customer, shall be applied in the same manner. The agreement with the Mecra organization shall be deemed to be an integral part of this Agreement. Also for advances 6.1. It is sought to be specified in the cost estimate confirmation to be taken in accordance with the article.
If the payment is delayed, the rate of the difference will be 5% per month.
Partial bills can be issued for long-running jobs. Expenditures made in the year included in deferred jobs for the next calendar year are billed at the end of the year.
9. Accounting Records:
During this Agreement;
(A) The parties demonstrate mutual maximum ease in terms of providing account reconciliation.
(C) When the Project is requested on a Project-by-Client basis from the Digital Agency, the Digital Agency Customer will bill the Customer on every Friday, unless otherwise agreed between the parties under this Agreement. The payment of İşbu bills will be made by the Customer on the following Monday.
(D) In the event that the Customer pays a commission payment to the Digital Agency under Article 7 (b) of this Agreement The Digital Agency Customer will also issue a commission invoice.
10. The Devolution of Materials and Connections:
The promotional material other than those delivered to the Assembly shall be returned to the Client after the end of the Contract. Throughout the term of this contract, this material is kept by the Digital Agency for 1 (one) year and can be destroyed at the mutual agreement of the parties. In addition, the Digital Agency undertakes to cooperate in all manner with regard to the assignment of the places or periods left in circulation and the orders, contracts and agreements issued and the rights and obligations arising therefrom, as well as the places or periods left in the circulation, provided that the current account balance has been paid by the Customer.
11. Validity of Rights:
Financial rights owned by the Digital Agency in accordance with the Intellectual and Artistic Works Act (FSEK) or acquired by third parties from the contract will be made available to the Client for the payment of the fee determined in this contract and for the payment of this fee. If the customer wishes to take over these financial rights, he also has to deal with the Digital Agency at a reasonable price.
The above-mentioned rights to use and to revolve are the rights of work determined in FSEK and the financial rights determined in FSEK.
The Digital Agency is obliged to fully and unconditionally take over the business from the point of view in order to provide such financial rights, if any, to the Client for use.
12. Responsibility to the Law:
The responsibility of the Digital Agency for this Agreement is defective.
13. Stamp tax:
The stamp tax resulting from this Contract shall be paid by the Customer.
In the event of disputes arising out of the interpretation and application of this Agreement, the Digital Commercial's commercial books shall constitute definitive and exclusive evidence. The pecuniary matter is evidence agreement.
Notices of the parties are given above and the notifications made to these addresses will be valid unless the address change is notified in writing to the other.
16. Ending the Convention:
Completion of the work in force in the case of the termination of this Contract shall be governed by a protocol to be arranged by mutual agreement.
It agrees and undertakes to pay the damage of the counterparty who fails to comply with the notice period of this item or terminates the contract for other unjustifiable reasons. Included is profits deprived of damages.
This Contract is valid for 1 (one) year from 01/12/2013. Unless termination is notified 90 (ninety) days before the expiration, it is considered to be extended for a period of one year.
18. Settlement of Disputes:
The courts of Istanbul Sultanahmet Courts and Execution Offices are authorized in controversies arising out of this agreement.
Based on mutual consent and consent of the parties,
The contract was made on 23.11.2013 with 2 (two) copies consisting of 18 (eighteen) items.
Annexes: Signature circulars of the parties.
CUSTOMER DIGITAL AGENCY
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