Digital Marketing Service Agreement

This Digital Marketing Service Agreement (hereinafter, the "Agreement") is entered into and effective on [Date of signature], between:

Jefrin Francisco González (NicaNetWork), residing at 3924 Cinnabar St Antioch, CA 94509, hereinafter "The Provider", and

[Client Name/Client Company Name], residing at [Client's Full Address], with [Client's Identification Number, if applicable, e.g., ID/Passport/Tax ID], hereinafter "The Client".

1. Purpose of the Agreement

The purpose of this Agreement is to establish the terms and conditions under which The Provider will commercialize and The Client will acquire the service package(s) described in Annex A (hereinafter, the "Services").

2. Description of Services

The specific Services, their characteristics, functionalities, scope, and terms of use are detailed in Annex A: Description of Digital Marketing Service Packages, which forms an integral part of this Agreement. The Provider undertakes to deliver the Services as described in said Annex.

3. Price and Payment Terms

3.1. The total price for the Services acquired by The Client amounts to [Total Amount in numbers and words] ([Currency]).

3.2. Payment terms will be as follows:

• [Indicate if it's a single payment, installments, etc. Example: "Monthly upfront payment on the 1st of each month."]
• [Specify payment due dates. Example: "Monthly payments must be made by the 5th of each month."]
• [Indicate accepted payment methods. Example: "Bank transfer, credit/debit card."]
• [Add any late payment charges, if applicable. Example: "In case of late payment, a 5% charge will be applied to the outstanding amount for each week of delay."]

4. Term and Termination

4.1. Term: This Agreement shall have an initial term of [Specify duration, e.g., "three (3) months", "six (6) months", "one (1) year"] from the date of signature, automatically renewable for equal periods unless either party gives notice to the contrary [Number] days prior to the end of the current period.

4.2. Termination for Breach: Either party may terminate this Agreement early in the event of a serious breach by the other party of any of its essential obligations established herein, provided that such breach is not remedied within [Number, e.g., 15] business days following written notice thereof.

4.3. Termination by Mutual Agreement: This Agreement may be terminated at any time by mutual agreement of the parties, expressed in writing.

4.4. Effects of Termination: In case of termination, The Client agrees to pay The Provider for services effectively rendered and expenses incurred up to the date of termination.

5. Obligations of the Parties

5.1. Obligations of The Provider:

• Provide the Services in accordance with the detailed description in Annex A, with professionalism and diligence, through its work team.
• Maintain the confidentiality of The Client's information accessed under this Agreement.
• Provide results reports as stipulated in the acquired package.
• Manage digital advertising campaigns efficiently to optimize investment.

5.2. Obligations of The Client:

• Make payments in a timely manner as stipulated in Clause 3.
• Provide access to necessary platforms and accounts (e.g., social media, ad accounts, Google Analytics) in a timely manner.
• Supply the necessary information, graphic materials, logos, and content approvals within the agreed deadlines for the proper provision of the Services.
• Actively collaborate with The Provider to achieve the established objectives.

6. Confidentiality

Both parties undertake to maintain the confidentiality of all information (technical, commercial, financial, strategic, etc.) to which they have access by reason of the execution of this Agreement, and not to disclose it to third parties or use it for purposes other than those provided herein. This confidentiality obligation shall remain in effect even after the termination of the Agreement.

7. Intellectual Property

7.1. The Client acknowledges that all intellectual and industrial property rights related to the methodologies, tools, software, and generic strategies used by The Provider (NicaNetBoss) for the provision of the Services are and shall remain the exclusive property of The Provider or its licensors.

7.2. Graphic, text, or audiovisual material created specifically by The Provider for The Client within the framework of this Agreement (e.g., posts, ad creatives, videos) shall become the property of The Client once the corresponding payment has been received in full. The Provider may use such works for portfolio or promotional purposes, unless otherwise agreed.

7.3. The Client declares to be the legitimate owner or to have the necessary licenses for the content (texts, images, videos, logos, brands) provided to The Provider for the execution of the Services, exempting The Provider from any liability for infringement of third-party rights.

8. Limitation of Liability

8.1. The Provider undertakes to provide the Services with the utmost diligence and professionalism. However, it does not guarantee specific results in terms of sales, traffic, conversions, or return on investment, as these depend on multiple external factors, including the quality of The Client's product/service, market conditions, consumer behavior, and advertising platform policies.

8.2. The Provider shall not be liable for service interruptions or failures caused by third parties (e.g., social media platforms, internet service providers, hosting servers) or by force majeure.

8.3. The total liability of The Provider under this Agreement for any cause shall in no event exceed the total amount paid by The Client for the Services in the three (3) months prior to the event giving rise to the claim.

9. Personal Data Protection

Both parties undertake to comply with current regulations on personal data protection. In the event that The Provider processes personal data on behalf of The Client (e.g., user data for campaigns), a corresponding data processing agreement will be established if required by law.

10. Force Majeure

Neither party shall be liable for non-performance or delay in performance of its obligations under this Agreement if such non-performance or delay is caused by circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, fires, floods, accidents, strikes, shortages of materials or labor, transportation failures, infrastructure or power failures, or third-party platform failures not attributable to the parties.

11. Assignment

The Client may not assign or transfer its rights or obligations under this Agreement without the prior written consent of The Provider. The Provider may assign or transfer its rights and obligations without the consent of The Client.

12. Modifications

Any modification or amendment to this Agreement must be made in writing and signed by both parties to be valid and effective.

13. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of [Country/State where your company is registered or where you want the laws to apply]. Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or validity thereof, shall be submitted to the exclusive jurisdiction of the courts of [City/State/Country].

14. Severability

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

This Agreement, together with Annex A, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings or agreements, oral or written.

In witness whereof, the parties execute this Agreement in two equally valid and content copies, on the date indicated above.

[Here, the specific services of the package chosen by The Client will be detailed.]