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This document will
confirm the understanding concerning the terms of retainer and
nature of services to be performed for the customer [Company] by
Fowler Associates [Consultant]. These terms are as follows:
1.Term.
This agreement will begin from the agreed date and run until
terminated by one of the parties. Always either party may terminate
the agreement with thirty (30) days’ written notice to the other
party.
2.Duties.
Consultant’s duties will include the creation
of a searchable page containing meaningful text regarding the
Company’s products and services. The Consultant will also,
together with the Company, define relevant keywords for
searches. The page will also be hosted and maintained by the
Consultant, submitted to search engines and monitored then changed as
necessary to approve performance.
3.Fee. The
fee for the Consultant’s services for a small business shall be
a) £TBA set up fee
b) £TBA per month, starting from when the Company appears on the front
page of at least 3 search engines using previously agreed key
words
4.Independence.
Consultant shall act as independent Consultant and not as
agent or employee of the Company and the Consultant shall make
no representation as agent or employee of the Company.
Consultant shall furnish insurance and be responsible for all
taxes as independent entity. Consultant shall have no
authority to bind Company or incur other obligations on behalf
of Company.
5.Confidentiality.
In the event Company discloses information to Consultant that
Company considers to be secret or proprietary and so notifies
Consultant, this same Consultant agrees to hold the Proprietary
Information confidential and to treat the Proprietary
Information with at least the same degree of care and safeguards
that he takes with his own proprietary information. Aforementioned Proprietary
Information shall be used by Consultant only in connection with
services rendered under this Agreement. Proprietary Information
shall not be deemed to include information that (a) is in or
becomes in the public domain without violation of this Agreement
by Consultant, or (b) is already in the possession of
Consultant, as evidenced by written documents, prior to
disclosure thereof by Company, or c) is rightfully received from
a third entity having no obligation to Company and without
violation of this Agreement by Consultant.
6.Liabilities.
a) While
Consultant will undertake every effort to obtain the necessary
information for the development, we cannot be held liable if
this information could not be obtained in the required time
scale, because of circumstances beyond our control.
b) Consultant
undertakes to exercise reasonable care and attention in their
duties. However, the liability to Company of Consultant in contract or tort, under
statute or otherwise for any indirect or consequential economic
loss or damage (including loss of profit) suffered by you (or
such other party) arising from or in connection with this
engagement however such indirect or consequential economic loss
or damage is caused (including our negligence but not our wilful
default) shall be excluded.
c) Consultant
aggregate liability to Company of Consultant in contract or tort said or under
statute or otherwise for any direct loss or damage suffered by
you (or such other party) arising from or in connection with the
Engagement shall be limited to the initial fee payable to us in
accordance with this engagement.
7.Entire
agreement. This whole Agreement being the entire agreement of the
parties relating to the subject matter hereof, and supersedes
all prior and contemporaneous negotiations, correspondence,
understandings, and agreements of the parties relating to the
subject matter hereof. It may be amended only by an agreement in
writing, signed by both parties.
Contact
john@seogurus.co.uk
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