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Marketing Service Agreement

Between

Bizar Design Studio (PTY) Ltd
(Hereafter referred to as "Bizar Design Studio")
Registration Number: 2019 / 426823 / 07
Email: hello@bizar.co.za
Mobile Number: +27 69 919 0632
Physical Address: Parkmore, Sandton,2196.

And

Business Name:
(Hereafter referred to as " The Client ")
Full Name:
Business Registration Number:
Email:
Phone Number:
Physical Address:

1. Duration of Agreement

This Agreement is effective from and will continue for a period of three (3) years, unless terminated in accordance with the provisions of this Agreement.

2. Scope of Marketing Services

Bizar Design Studio agrees to provide the Client with comprehensive marketing services, including but not limited to:

Ad Campaigns: Digital and social media ad creation, execution, and optimization.
Content Creation: Copywriting, graphic design, and multimedia assets.
SEO (Search Engine Optimization): Website optimization to enhance search rankings.
Market Research & Strategy: Analysis of market trends and crafting strategies for client growth.
Public Relations & Influencer Marketing: Reputation management and engagement with influencers.

This list is not exhaustive, and Bizar Design Studio may provide other marketing-related services based on the Client’s needs.

3. Service Obligations and Limitations

Bizar Design Studio's Responsibilities: Bizar Design Studio will endeavor to execute marketing strategies and campaigns using best practices and professional standards. However, Bizar Design Studio does not guarantee specific results or returns on investment, as marketing outcomes can depend on variables outside the studio's control (market trends, competitor actions, etc.).
Client's Responsibilities: The Client shall provide all necessary information, access to materials, and approvals in a timely manner. Failure to provide the necessary inputs may delay the execution of services, for which Bizar Design Studio will not be held accountable.
Approval & Feedback Process: Any marketing materials, strategies, or content delivered to the Client must be approved by the Client within 48 - 72 hours. Delayed feedback may affect timelines and delivery schedules.

4. Payment and Commission Structure

Marketing Service Payments: The Client agrees to make payments for marketing services directly to Bizar Design Studio’s provided payment link or banking details. These funds will be used exclusively for managing marketing expenses, including but not limited to advertising budgets, staff compensation, vendor fees, and fees for social media influencers. Such costs may be invoiced separately as part of the overall marketing expenditures. Bizar Design Studio is responsible for ensuring that all payments are utilized solely for the agreed-upon marketing activities.
10% Commission on New Revenue: Bizar Design Studio will be entitled to a 10% commission on all new revenue generated by the Client through Bizar Design Studio's marketing efforts. New revenue is defined as income earned from new clients, sales, or business opportunities that were directly acquired as a result of the services provided.
Payment for Additional Services: If Bizar Design Studio provides additional services (outside the standard scope of marketing services), the Client will compensate Bizar Design Studio separately for these services, which are not covered by the 10% commission.

5. Payment Terms and Deadlines

Ad Campaigns and Marketing Services: The Client must pay all invoiced amounts to Bizar Design Studio within seven (5) business days of receiving the invoice. Delayed payment may lead to service interruptions.
Revenue Reporting: The Client must submit detailed revenue statements to Bizar Design Studio within 48 to 72 hours of the end of each month. This statement will include all income from new business acquired through marketing efforts.
Commission Payments: The 10% commission on new revenue will be payable to Bizar Design Studio within ten (5) business days of the revenue statement submission.

6. Early Termination and Fees

Termination by Bizar Design Studio: Bizar Design Studio reserves the right to terminate the contract at any time, with written notice. In the event of early termination, the Client agrees to pay an additional 15% of all new revenue generated up to the date of termination.
Termination by the Client: The Client may terminate the Agreement by providing 30 days' written notice. Upon termination, the Client will still be liable to pay Bizar Design Studio for any unpaid services and commissions on revenue generated up to the termination date.

7. Liability and Risk Mitigation

Limitation of Liability: Bizar Design Studio will not be held liable for any financial loss, business interruption, or reputational damage caused by marketing campaigns or strategies, including but not limited to market fluctuations, client demand, or competitor actions.
Indemnity: The Client agrees to indemnify and hold harmless Bizar Design Studio and its employees from any claims, losses, or liabilities arising from the Client's business operations, content provided, or any regulatory issues, including claims of copyright infringement or advertising violations.
Marketing Outcomes: The Client acknowledges that results from marketing efforts (such as client acquisition, revenue growth, or brand awareness) are influenced by various external factors and, as such, no specific outcome can be guaranteed by Bizar Design Studio.

8. Intellectual Property and Ownership

Ownership of Content: All marketing materials, strategies, and assets created by Bizar Design Studio remain the intellectual property of Bizar Design Studio until full payment for services rendered has been made. Upon full payment, ownership rights for specific materials may be transferred to the Client, but Bizar Design Studio retains the right to showcase the work for portfolio or marketing purposes.
Non-Disclosure: Both parties agree not to disclose confidential information about each other’s business, operations, marketing strategies, or client lists to any third party. This clause remains in force even after the termination of this Agreement.

9. Amendments to the Contract

Bizar Design Studio reserves the right to amend, update, or modify the terms of this Agreement at any time. The Client will be notified of any amendments at least 30 days prior to the changes taking effect. Failure to object to the amendments within this notice period will be considered acceptance of the revised terms.

10. Dispute Resolution

Mediation: In the event of any disputes arising out of this Agreement, the parties agree to first attempt to resolve the dispute amicably through mediation. Each party shall bear its own costs related to mediation unless otherwise agreed upon.
Final Resolution: Should mediation fail, any unresolved disputes will be referred to binding arbitration, and the decision of the appointed arbitrator will be final and binding on both parties.

11. Force Majeure

Neither party will be liable for failure or delay in performing their obligations if such failure or delay is caused by events beyond their reasonable control, including but not limited to natural disasters, pandemics, government restrictions, or major disruptions to global markets.

12. Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes any previous agreements, written or oral. Any amendments to this Agreement must be made in writing and signed by both parties.

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Signed by CC Harvey
Signed On: 12 September 2024

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12 September 2024 05:33 GMT

Marketing Service Agreement Uploaded by CC Harvey - info@bizar.co.za IP 41.113.252.17

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