Dear Shiv,
Thank you for choosing Epic Nine as your partner to help accomplish your organization’s mission. We look forward to a long relationship with Buzzed Bull Creamery.
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You (Buzzed Bull Creamery) are hiring us (Epic Nine LLC) to provide the following marketing services. Of course it’s a little more complicated, but we’ll get to that.
What do all parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we will also maintain the confidentiality of any information that you give us.
We will manage your social media accounts in a way that helps your business establish or improve its online presence. Per our discussions, this agreement will cover management for the following platforms:Facebook, Instagram, TikTok, and YouTube Shorts
This agreement is limited to a total of 20 hours per month, which includes monthly analytics and reporting time. While we rarely exceed that number of hours, the more detailed and granular you are with changes or the longer it takes to receive information from you, the more time it will take to implement your plan. If you request us to make changes or expansions that push us beyond the total allotted hours, we will notify you in advance for your agreement and you will be billed at $150/hour for social media management.
We have found that it is helpful to clearly state what is and what isn’t in the scope of this project. If additional things are added to the scope of the project then they will be billed at the above rate. We will not begin work on any scope additions until receiving approval from you in writing or via email to do so. You agree to the following scope definitions along with things already mentioned:
In Scope:
Not In Scope:
If any of the above needs to be included in the scope, please let us know and we will provide you with a revised contract, or we can add them later for an additional cost.
As the client, you agree to provide the following to Epic Nine LLC:
We agree to create a posting plan at least one week in advance for you to approve. Once a plan is submitted to you for approval, you will have 3 business days to request revisions or approve it before it is automatically approved and moved to scheduling. You agree that this posting plan can be revised at our discretion based on any requests you may make to include “last minute” or urgent items, event updates, etc. You agree to use Epic Nine’s chosen social media management platform for review and approval process.
You will retain ownership of your social media pages in accordance with any guidelines set forth by the platform management (i.e. Facebook, Instagram, etc.) Epic Nine LLC is not responsible for any decisions made by the platform management regarding inappropriate content, community guidelines, or engagement rules. Additionally, Epic Nine cannot guarantee engagement, ranking, or algorithm adjustments.
Onsite visits and strategy meetings will be scheduled in advance at a time that is agreeable to both you and Epic Nine. Any change in onsite visits requires at least 4 hours notice from you to our team so that we can plan travel accordingly. In the event that you reschedule or cancel an onsite meeting at your location with less than 4 hours notice, we reserve the right to charge a travel fee.
You are agreeing to the following terms for your digital advertising campaign. If we send proofs to be reviewed for ad creative and/or copy, they will be considered approved if no revisions are requested within 5 business days. If creative assets are not delivered to us based on an agreed upon timeline, then we cannot guarantee a campaign will start on time.
The prices listed in the pricing section below are estimates and may vary from what you are actually charged. We guarantee that will not be charged more than you budgeted or more or less than the CPM price below +/- 25%.
We agree to design any display, and site retargeting ads for you. This agreement does not cover any video production. A separate video production agreement will need to be signed in order to produce video. If you supply any graphic or video assets, there may be additional fees if the files do not meet our standards. We cannot be held liable for any costs associated with graphic design or video production for ads that are not able to run through this campaign.
In order to ensure the highest level of service and the greatest likelihood of reaching your goals, we will meet with you every monthly to review the progress of your campaigns as well as discuss any needed changes or strategic opportunities. You will also have a dedicated project manager that will ensure your projects and communication is timely and efficient.
By hiring Epic Nine as your agency of record, you agree to inform us of any marketing or PR decisions made during the life of this agreement as these decisions have the potential to affect the success of the overall campaigns we conduct.
Any significant changes to your website, ads, messaging, or any other element that has a meaningful role in the campaigns we conduct will be reviewed by your strategist. By signing below, you agree that if you go against the good faith advice of our team, you might affect successfulness of your campaigns.
In no event shall Epic Nine LLC be liable to Buzzed Bull Creamery or any third party for any loss of profit, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to this agreement or Epic Nine LLC’s services, even if Epic Nine LLC has been advised of the possibility of such damages. Epic Nine LLC shall not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond Epic Nine LLC’s reasonable control.
Buzzed Bull Creamery agrees to indemnify, defend, and hold harmless Epic Nine LLC and its affiliates, officers, agents, employees, and permitted successors and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Buzzed Bull Creamery’s violation of this agreement or use of Epic Nine LLC’s services beyond the scope of this agreement.
Either party may terminate this agreement with 60 days written notice to the other party. Upon termination, Buzzed Bull Creamery shall pay Epic Nine LLC for all services rendered and expenses incurred up to the date of termination. Upon receipt of such payment, Epic Nine LLC shall deliver any work completed to Buzzed Bull Creamery. Termination of this agreement shall not affect the rights of either party that accrued up to the date of termination.
Any amendments or modifications to this agreement must be in writing and signed by both parties. No verbal agreements or understandings shall be effective.
This agreement constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings of the parties, written or oral, relating to the subject matter of this agreement. This agreement may be amended only by a written document duly executed by all parties. No party shall be bound by any condition, definition, warranty, or representation other than as expressly provided in this agreement or as duly agreed to in writing by the parties.
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