Social Media Consultant Agreement
This Agreement is made this the 26th day of February 2016, between:
1 – Shio Ramen Shop, a Missouri Limited Liability Company, located at at 3605 Broadway, Kansas City, MO 64111 (hereinafter referred to as “Company”) and
2 – Kemet Creative, an independent social media consultant with offices at 2622 Charlotte Street Kansas City, MO 64108 (hereinafter referred to as "Consultant").
Consultant's Tasks:
The Company is retaining Consultant to perform certain tasks relating to the development, set up, marketing and promotion of the Company’s business through social media
Performance
Consultant warrants that she / he will spend the time necessary to accomplish the given tasks. Time of completion is recognized by both parties as a critical portion of this Agreement, and Consultant agrees to complete the given tasks in a timely manner.
Compensation
For all services to be rendered by Consultant under this Agreement, the Company agrees to pay Consultant compensation as set out in Addendum “B”.
The Company will also reimburse expenses incurred by Consultant on behalf of the Company, however, such expenses shall be approved in writing by the Company prior to the time they are incurred.
Payments will be made on the First Day of Each Month, payable monthly in advance. Consultant will provide the Company with appropriate invoices on or before the 25th day of the month prior to monthly payments.
Terms
This Agreement is effective from the date of execution and shall continue for a period of three months and thereafter shall continue on a monthly basis until terminated at will in writing by either party.
Either party shall have the option of terminating this Agreement on seven (7) days written notice mailed to the other party. All work done by Consultant shall be immediately turned over to the Company and all payments for work performed by the Consultant shall become immediately due and payable. The Company shall be obligated to pay Consultant only the compensation earned and expenses incurred prior to termination.
Independent Contractor
It is understood and agreed by both parties that Consultant is an independent contractor. All government laws and regulations governing an individual such as Consultant are his sole responsibility to obey. Nothing herein shall be deemed to create an agency, joint venture, or partnership relation between the parties hereto.
Proprietary Rights.
Nothing herein shall be interpreted to mean, and Consultant does not grant, Company any right or license in any Consultant intellectual property and proprietary material, including proprietary images, artwork, copy, information, data, knowledge, computer software or any other material or information of any kind or any other trademark, service mark or trade name exclusive of the Consultant Business or the Consultant Social Media System.
Company represents, covenants and warrants that it shall not reverse engineer, decompile, translate, or develop derivative works based on the Consultant Proprietary Materials, Intellectual Property or Trademarks.
Governing Law
This Agreement will be governed by the laws of Missouri, and Company is deemed to be doing business in the state of Missouri.
Assignment
Neither party shall assign this Agreement unless consented to in writing by both parties.
Waiver
No waiver, by either party, whether express or implied, of any provision of this Agreement, or of any breach or default of either party, shall constitute a continuing waiver of such provisions or a waiver of any other provisions of this Agreement.
Headings
The paragraph and subparagraph headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provisions of this Agreement.
Partial Invalidity
Should any article or part of an article of this Agreement be held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining articles and subsections of articles shall not be affected by such holding.
Binding Effect
This Agreement shall be binding upon and inure to the benefit of the successors, assigns and legal representations of the parties.
Entire Agreement
This Agreement constitutes the entire Agreement and understanding between the parties and supersedes all prior agreements and understandings with respect to the Agreement whether written or oral. No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by authorized representatives of the party against whom such modification or waiver is sought to be enforced.
Addendum A
Social Media Management Services
The Duties of the Consultant shall be to provide Social Media Management Services, to include:
Analysis
The Consultant shall provide the Company with a written audit and analysis of the Company’s current social media situation.
Recommendations
The Consultant will provide the Company with Recommendations including updating existing social network profiles, adding additional profiles, integrating all social media properties and creating a cohesive social media strategy.
Set Up
The Consultant shall set up the following:
Facebook
Google Plus
Instagram
Yelp
YouTube
Maintenance
The Consultant will provide daily maintenance of the Company’s social network profiles that shall include:
- Monitor all social network conversations about the Company
- Delete or report spam on the Company profiles
- Report customer service questions to the customer service department or the Company appointed person designated to handle customer service
- Post status updates
- Accept or decline Connection Requests
Promotion
The Consultant shall promote the Company on social networks by:
Adding followers and connections to the Company’s profiles
Management
- Social Media Dashboard
- Create a social media dashboard on HootSuite
- Add all profiles to the dashboard
- Add all team members to the dashboard
- Add all RSS feeds top the dashboard
Addendum B
The Consultant shall be compensated as follows:
Set Up Fee: The Company agrees to pay the Consultant a Set Up Fee of $300, payable upon the Execution Date.
- Monthly Fee: The Company agrees to pay the Consultant a Monthly Fee of $300 per month.
- Hourly Rate: In the event of any dispute or request for additional services outside the scope of this agreement, the Company agrees to pay the Consultant an hourly rate of $60 per hour.
- No Additional Benefits: There are no additional benefits.
- Invoice: Consultant shall provide Company with a detailed invoice for all compensation claimed by Consultant.
I Agree:
My electronic signature:
Kemet Coleman