By signing this Agreement, Juan Dela Cruz (“Client”) has retained Ask Jingo Project (“Service Provider”) to proceed with the requested services, and agrees to the terms and conditions as set forth in this Agreement:
1. Services. Client has retained Ask Jingo Project to perform:Facebook Ads only.
2. Payment. Client agrees to commit to pay PHP60,000 in the course of 6 months broken down to PHP10,000/mo:Describe Fee Schedule
3. Retainers. Monthly retainers provide ongoing support at a discounted rate up to 6 months which is set forth in this Agreement. Retainer fees are required in advance of services which is PHP 10,000/mo; payment is due on or before the 19th day of each month. Contract started on your first payment dated January 19, 2018.If payment is not received by the date agreed, 5% late fee rate will apply for work rendered during that month, and monies received will be applied accordingly. Services rendered beyond the retained number of months will be billed at the full monthly rate with payment due upon receipt. Payments rendered are considered fully earned and non refundable. Unused months are not carried over; it is incumbent upon the Client to utilize their retained month.
4. Additional Work. Client understands additional work beyond the scope of this Agreement must be negotiated separately and will require a separate Agreement. Services requested by Client and provided by Ask Jingo Project that do not fall within the scope of this Agreement will be billed separately at the full standard monthly rate according to service category with payment due upon receipt.
5. Service Categories. There is a monthly minimum rate for all services. Monthly rates are billed in advance. Clients understand that monthly rates are subject to change without notice at the discretion of Ask Jingo Project. However, if you are locked in a contract, you keep the agreed rate.
6. Client Responsibilities. Client understands that Ask Jingo Project is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected.
Due to the virtual nature of the relationship, Client understands the importance of communication, especially via email, and agrees to respond to questions, requests and communications from Ask Jingo Project in a timely manner. Client understands that Ask Jingo Project is a business with other clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications on the part of the Client will not constitute an emergency for the Ask Jingo Project. Clients understand that Ask Jingo Project may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.
7. Office Hours & Communication. Office hours are Monday through Friday 8:00 am to 5:00pm (GMT). Email is to be the primary form of communication between Client and Service Provider. Ask Jingo Project is available for phone calls during office hours only. Occasional calls of only a few minutes in duration are not typically billed to Client. However, the time of both parties must be respected, and calls lasting over 10 minutes will be billed to Client. Telephone meetings must be prescheduled. Cancellation (meeting) requires a minimum of 24 hours advance notice.
8. Project Completion. Basic support receives 24-48 hours attention. Each new or special project requires a minimum three (3) days lead time. Client will provide sufficient notice and allow for reasonable timeframes for project completions. Rush projects of 24 hours or less and projects requiring weekend or holiday work may be subject to a 25% surcharge and/or other rush fees.
Service Provider reserves the right to refuse any project or service request.
9. Materials & Information. Client will provide all content, outlines, photos, project images, etc., necessary for any special projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Ask Jingo Project to perform or complete the agreed services or project.
10. Expenses. Expenses incurred on behalf of Client are not included in any fees and will be billed to Client. Reimbursable expenses may include, but are not limited to, office supplies (e.g., file folders, envelopes, CDs, labels, outsourcing such as email marketing, chatbot, creatives etc.), mileage, long-distance telephone charges, payments made to vendors, and shipping and handling costs. Long-distance telephone calls will be billed at a rate of $0.25 per minute. There is a one-hour minimum for office calls. On-site visits will be billed for meeting time, roundtrip travel and mileage. Payment is due upon receipt.
11. Accuracy. Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. Ask Jingo Project is not responsible for errors or omissions.
12. Payment Options. Bank Deposit (offline or direct transfer) are accepted for payment. AMEX, Discover, Mastercard and VISA credit cards and e-checks are accepted through PayPal, our online payment vendor. GCash for Filipino clients are accepted too.
BDO Account Name - AskJingo ProjectsAccount
Number - 007xxxxxxxxxBranch - Marikina City
GCash - Ask Jingo 09xx xxx xxxx
13. Late Payments. Payments not received by due date will result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid. Monthly late charges of 500Php, will be assessed on unpaid balances every 30 (thirty) days.
14. Lien. All materials or property belonging to Client, as well as work performed, may be retained as security until all just claims against Client are satisfied.
15. Property. All billings (including invoices, statements and estimates), reports and time accounting are provided as a convenience to Client at the discretion of Ask Jingo Project and remain the property of Ask Jingo Project. Periodic audits may reveal previous billing discrepancies or errors, and Ask Jingo Project is entitled to void or recall incorrect invoices and statements and bills for any monies due on account.
16. Accuracy of Information. Client agrees that the accuracy of information supplied to Ask Jingo Project is the sole responsibility of Client, and that Ask Jingo Project is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client.
17. Indemnification/Release of Liability. Client shall indemnify, defend and save Ask Jingo Project harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Ask Jingo Project’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Ask Jingo Project including, but not limited to, all attorneys’ fees, costs and expenses incurred should Ask Jingo Project be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Ask Jingo Project and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Ask Jingo Project is not limited to any acts or omissions, statements or representations made by Ask Jingo Project in the performance and/or nonperformance of Ask Jingo Project’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Ask Jingo Project. All reasonable precautions will be taken to safeguard the property entrusted to Ask Jingo Project. In the absence of negligence, however, Ask Jingo Project will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. Ask Jingo Project will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Ask Jingo Project will not be held liable for typographical omissions or errors.
18. Termination. Retainers may be terminated by either party for any reason with 10 (ten) days advance written notice of intent to cancel. Retainer fees are due in full for the intended month of cancellation if proper notice is not provided.
19. Expiration & Modification. This Agreement shall remain in effect until such time as one or the other Party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement.
20. Additional Provisions. This Agreement shall be governed by and construed according to the laws of the Philippines of Governing Law, and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in the municipal courts in the city of Marikina, Philippines, and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts. Any liability on the part of Ask Jingo Project as determined by a court of law will be limited to an amount not to exceed one month’s retainer. If Ask Jingo Project must bring suit or other action to collect on unpaid invoices or seek remedy of any other breach of contract, Ask Jingo Project shall be entitled to an award of costs, reasonable attorney’s fees and interest at the maximum rate permitted by law in addition to any other relief awarded.
The terms and conditions of this Agreement may be modified or amended as necessary only by a written instrument signed by both parties. By signing this Retainer Agreement, I indicate that I understand, agree to and accept the terms and conditions as contained herein, dated 11th January 2018. Signed by both parties (through digital instruments):
Juan Dela Cruz
Senior Ad Strategist, ASK JINGO PROJECTc