North Carolina marketing service contract template

North Carolina Marketing Service Contract

This North Carolina Marketing Service Contract (the "Agreement") is made and entered into as of [Date], by and between:

• [Service Provider Full Legal Name], with a business address at [Service Provider Business Address], and whose primary contact is [Service Provider Contact Name] at [Service Provider Contact Email] and [Service Provider Contact Phone Number] (hereinafter referred to as "Provider"),

and

• [Client Full Legal Name], with a business address at [Client Business Address], and whose primary contact is [Client Contact Name] at [Client Contact Email] and [Client Contact Phone Number] (hereinafter referred to as "Client").

Scope of Services

• Option A: The Provider shall provide the following marketing services to the Client, as described in Exhibit A: [Description of Services], including but not limited to:
  • Digital Marketing
  • Social Media Management
  • Content Creation
  • Campaign Strategy
  • Media Buying
  • SEO/SEM
  • Branding
  • Print Materials
  • Public Relations Support
  • Event Marketing
• Option B: Deliverables shall include [List of Deliverables], and performance will be measured against the following KPIs and success metrics: [List of KPIs and Metrics], tailored to the Client's business objectives in the North Carolina market.

Timeline and Milestones

• Option A: The project timeline is as follows:
  • Phase 1: [Description of Phase 1], Completion Date: [Date]
  • Phase 2: [Description of Phase 2], Completion Date: [Date]
  • Phase 3: [Description of Phase 3], Completion Date: [Date]
• Option B: Client review windows for each deliverable shall be [Number] days.

Client Obligations

• Option A: The Client shall provide the following materials to the Provider: [List of Materials] by [Date]. Failure to provide materials by the deadline may result in project delays.
• Option B: Creative approvals are required from [Client Contact Person] within [Number] days of submission.

Collaboration and Communication

• Option A: Communication shall primarily occur via [Communication Channel, e.g., Email, Phone].
• Option B: The Client is allowed [Number] revisions per deliverable.

Location of Services

• Option A: Services will be performed remotely.
• Option B: Services will be performed at the Client's North Carolina location at [Client Business Address]. Travel reimbursement policies are as follows: [Travel Policy]. The Provider is responsible for obtaining and maintaining any required contractor registrations in North Carolina.

Fees and Payment

• Option A: The service fee shall be a fixed price of [Dollar Amount].
• Option B: The service fee shall be billed at an hourly rate of [Dollar Amount] per hour.
• Option C: The service fee shall be a retainer of [Dollar Amount] per [Month/Quarter].

Payment is due within [Number] days of invoice. Late payments are subject to a late fee of [Percentage]% per month, as permitted under North Carolina law. Client is responsible for North Carolina sales tax, if applicable.

Intellectual Property

• Option A: The Provider shall retain ownership of all pre-existing intellectual property.
• Option B: Upon full payment, the Client shall own all intellectual property created specifically for them under this Agreement, excluding Provider's templates and third-party licensed assets.

The parties will comply with North Carolina statutory standards for transfer of copyright or trademark usage.

Data Management and Confidentiality

• Option A: The Provider shall comply with the North Carolina Identity Theft Protection Act and the federal CAN-SPAM Act and TCPA in collecting and processing data.
• Option B: All client data will be treated as confidential and stored securely.

Compliance with Laws

• Option A: The Provider shall comply with all applicable state and federal marketing laws, including the North Carolina Unfair and Deceptive Trade Practices Act.
• Option B: The Provider holds the following licenses and registrations: [List of Licenses and Registrations].

Client Review and Acceptance

• Option A: The Client shall review each deliverable and provide feedback within [Number] days.
• Option B: If the Client rejects a deliverable, the Provider shall revise it within [Number] days.

Quality Assurance

• Option A: The Provider shall monitor campaigns and provide reports on a [Frequency] basis.
• Option B: The Provider shall correct errors within [Number] days of notification.

Amendments

Any amendments to this Agreement must be in writing and signed by both parties.

Force Majeure

Neither party shall be liable for delays or failures to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, state emergencies, or government action, consistent with North Carolina law.

Term and Termination

• Option A: This Agreement shall commence on [Start Date] and continue for a term of [Number] [Months/Years].
• Option B: Either party may terminate this Agreement with [Number] days written notice.
• Option C: Either party may terminate this Agreement immediately for breach of contract.

Upon termination, the Client shall pay the Provider for all services rendered and expenses incurred up to the date of termination.

Remedies and Limitations of Liability

• Option A: In no event shall the Provider's liability exceed the total amount paid by the Client under this Agreement.
• Option B: The Provider is not liable for failures to achieve specific marketing objectives, except in cases of gross negligence or willful misconduct.

The Provider is liable for breach of confidentiality and misuse of proprietary information. Late payment penalties are permitted under North Carolina law.

Dispute Resolution

• Option A: Any disputes shall be resolved through negotiation and mediation.
• Option B: If mediation fails, the dispute shall be resolved through arbitration or litigation in a North Carolina venue, governed by North Carolina law.

Business Registrations and Insurance

The Provider maintains all state-mandated business registrations and insurance, including general liability and professional errors & omissions coverage per North Carolina's requirements.

Records Retention

The Provider shall retain records in compliance with North Carolina statutes.

Assignment

The Provider shall not assign or subcontract services without the Client's prior written consent.

Non-Solicitation and Non-Disparagement

• Option A: During the term of this Agreement and for a period of [Number] [Months/Years] thereafter, neither party shall solicit the other party's employees or clients.
• Option B: Neither party shall disparage the other party.

Use of Client Name

The Provider may use the Client's name and logo for portfolio or self-promotional purposes with the Client's prior written consent.

Electronic Signatures

This Agreement may be executed in counterparts, including electronic signatures, in conformance with North Carolina’s electronic signature statutes.

Integration Clause

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Service Provider Full Legal Name]

By: [Service Provider Signature]

Name: [Service Provider Printed Name]

Title: [Service Provider Title]

[Client Full Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]