Next Step: CONTRACT
This SERVICE AGREEMENT, hereinafter referred to as the "Agreement", is entered into this by and between:
Red Bird Ad Agency, hereinafter referred to as "Agency/Consultant" and
hereinafter referred to as the "Customer/Client."
Collective, the Agency and the Customer are referred to as "Parties."
The Parties agree to the following recitals:
Whereas, the Agency is in full legal capacity as a company specializing in the field of Meta advertising & funnel development;
Whereas, the Agency affirms that it has the required experience and ability to provide the Customer with the Services;
Whereas, the parties desire to express in writing their mutual understanding and agreements with respect to this engagement; and,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the parties hereto, intending to be legally bound, do hereby agree as follows:
In addition to the Terms of Service (TOS) found on the Agency's website, the Customer hereby concurs, agrees and acquiesces to the provisions of this Service Agreement. In case the undertakes a revised version of the TOS, the Customer furthermore agrees to visit the Agency's website from time to time and undertake a due diligence review in order to be apprised of these revisions.
The following is a preliminary scope of work based and is subject to change once the agency establishes a full Client Scope Document. The Agency is being recruited to assist in the following:
3 Month Retainer: $495 Billed Monthly
Full Campaign Deployment (including testing). - Weekly reporting, ad copy & creative (excludes video production), pixel placement, audience testing, ad optimization, stacked ads funnel for targeting cold audience and retargeting for warm audiences. Andrea can be reached always by email.
Includes a catchup every two weeks via phone or on zoom, if desired.
Following the initial three months, this agency operates on a month-to-month basis with a monthly agency fee based on ad spend.
Specific timeframes of deliverables will be provided to customers but are subject to change in the occurrence of unforeseeable events or circumstances beyond the agency’s control.
The Customer may avail from the Agency for consultation on the nature, timing and extent of these services either via email, over the telephone, in person, or at Customer’s office.
For undertaking the engagement and for other good and valuable consideration, including but not limited to, the substantial benefit the Customer will derive from the Agency’s services, the Customer agrees to compensate the Agency the professional fees in USD payable in the following manner:
Upon Commencement: $495 for onboarding month. For months 2 & 3, clients are charged $495 per month for ads management.
The Client agrees to dedicate a FB ad spend, $500 USD per month (minimum) to gain traction.
Any additional work carried out outside of the Scope of Work provided to the client will be charged at an additional fee of $150/hr. The Agency shall notify the Client of such situations or charges before commencing work. All prices quoted are in USD.
Following the initial three months, this agency operates on a month-to-month basis with a monthly agency fee based on ad spend.
Late payments or failure of payments will result in immediate cessation of all work carried out by the Agency. All work remains the sole right of the Agency until payment is made.
Commencement for the project to start with an onboarding session scheduled by the client AFTER payment is received and contract signed. By availing of the Agency’s payment plan, both parties agree to the terms of service.
All payments shall be non-refundable and non-assessable.
The Client agrees that the Agency shall not be held liable for results outside of its control - such as the quality of leads or sales made by the Client’s team.
The Customer agrees to settle the Agency’s professional fee in US Dollars either through a Bank Transfer or the Agency’s Stripe account.
Both parties mutually agree that certain confidential information may be exchanged during the course of this engagement. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree not to disclose the following:
a. Technical materials, models and relevant technical articles, technical reports owned by either party;
b. Sales materials, including but not limited to all quality management methods, pricing methods, sales methods and customers’ materials;
c. All the intellectual property rights (including those exclusively owned by either party, whether owned now or developed in the future); and,
d. Any other information that either party claims as confidential.
The Client agrees that the Agency may, from time to time, share testimonials and results achieved as a result of service provided for marketing purposes. The Client can request that personal and brand information be omitted from case studies and testimonials.
Non transferability: The rights and obligations under this Agreement are personal to the Customer. The Customer may not assign or transfer any rights or obligations under this Agreement.
Indemnification: The Customer will, at their own expense, defend, indemnify, and hold the Consultant, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between the Customer and Consultant concerning the Services.
Client understands that Facebook is a 3rd Party that can disapprove ads and even close ad accounts at any time, for any reason. Facebook’s official statement is:
"Facebook is committed to presenting ads to our users that are useful and non-intrusive, and we are continually working to increase the relevance of ads. Our goal is to provide the highest quality user experience. We reserve the right to reject any advertising that we deem contrary to these objectives. Similarly, we reserve the right to close an account creating ads contrary to these objectives."
Client understands that Red Bird Ad Agency will follow all Terms of Services written by Facebook. Red Bird Ad Agency will also use “Best Practices” as we understand them directly from Facebook representatives and other high volume agencies.
Client understands that Red Bird Ad Agency does not offer refunds if Facebook decides to close the client’s ad account without notice or reason. Red Bird Ad Agency will only use approved methods that are considered “white hat” and Red Bird Ad Agency will not endorse or use any software, tools or methods that would be in violation of Facebook’s Advertising Terms of Use.
Red Bird Ad Agency strongly suggests that the client read all of Facebook Advertising Terms of use before the client executes this agreement with Red Bird Ad Agency: https://www.facebook.com/business/direct_terms_ads_en.php
(1) This Agreement will be governed by, interpreted and enforced in accordance with the laws of the State of Wisconsin and the federal laws of the United States applicable therein.
(2) Each Party irrevocably attorns and submits to the exclusive jurisdiction of the courts of the State of Wisconsin and the United States District Court for the Western District of Wisconsin located in the City of Madison and waives objection to the venue of any proceeding in such courts or that such courts provide an inconvenient forum.
BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO SERVICE FEES, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
Date/Time: