Welcome BitBusiness !
Digital Marketing Agreement
Between the following parties:
JOYMOUNTAIN SOLUTIONS, 74, Hameau de la Jonque, 91650 Breuillet
No.de Siret: 52472108100015
Represented by Mr. Vreugdenhil, Jacob, owner hereby also designated as the « Service Provider »
Mr. Jörg Fürtig, Address: Eichenweg 1, 86911 Diessen, Germany representative of BITBUSINESS e.V. (Germany)
hereby also designated as the « Client »
Article 1: Scope of the agreement
The Scope of this agreement includes the setup and management of all digital marketing activities for Jörg Fürtig as a representative of BITBUSINESS e.V.
Social Media Platforms and Paid Advertisement platforms will be mutually agreed upon by both parties and shall be managed by Joymountain Solutions on behalf of the Client.
Note: The target market for all services described in this agreement is defined as: all English-speaking audiences.
Article 2: Services Provided
It is hereby agreed that Joymountain Solutions will provide the following professional services under the terms and conditions of this agreement:
1. Conceptualize, design, create & manage digital marketing campaigns for the Client on the following Social Media & Paid advertising platforms:
2. Joymountain Solutions will provide all ongoing necessary bandwidth, networking, project management- or any technical support as required.
3. Joymountain Solutions will be responsible for all content, creatives and communication done across Social Media & Paid advertising platforms from the official accounts of the Client.
4. Joymountain Solutions will provide regular reporting to the Client on all relevant KPI’s of the digital marketing campaign(s).
5. Joymountain Solutions will ensure that there is uniform and ‘on-brand’ communication across all digital assets of the Client.
Article 3: Start and duration of the agreement
This agreement is scheduled to take effect from January 1st, 2021 and shall remain
in place for 4 months, (end date: April 30th 2021).
The agreement may be renewed thereafter if mutually agreed by both parties.
Article 4: Fees and Remuneration
4.1 General conditions
The Client agrees to pay an initial setup fee of 499 Euros for the creation of the campaign project plan, Funnel map and the setup of the technical infrastructure. Payment is due after signing of this agreement.
The Client agrees to pay the Service Provider a monthly fee of 299 Euros for ongoing campaign management activities. This amount will be payable at the beginning of each month, upon receipt of invoice from the Service Provider.
All advertising costs will be paid directly by the Client to the respective Social Media & Advertising Platforms.
If applicable, charges for any other third-party or vendor services including video creation, application development, media buy, purchase of licensed images, content, etc., will be discussed upfront with the Client & agreed if extra charges will be made or not.
4.2 Special conditions
The initial setup fee of 499 Euros will be waived and is not due by the Client.
The monthly campaign management fee will be reduced to 150 Euros.
Joymountain Solutions, (Jacob Vreugdenhil), will get a full BITBUSINESS Membership account with all products for free for a minimum period of 4 months – starting January 1st 2021.
All members joining BITBUSINESS within the pilot period will be assigned to Jacob Vreugdenhil’s member ID.
If during the 4-month pilot period, 3 or more paying members have signed up, the 150 € monthly campaign management fee, as referred to under article 4.1, will be waived, and reimbursed if applicable, as this fee will then be covered by the commission for the first Manager level in the BITBUSINESS membership program.
Article 5: Termination of the agreement
If either party fails to follow through with their responsibilities or obligations under this agreement, the other party can end this agreement by giving a ten (10) day written notice.
This agreement will automatically terminate when both parties have performed all of their obligations under the agreement and all payments have been made. This agreement may be renewed or extended with the written consent of both parties as described under article 3.
Article 6: Confidentiality
The Service Provider shall maintain absolute confidentiality with respect to any confidential information received from the Client. The Service Provider shall not disclose any such information without obtaining Client’s specific prior consent, otherwise than in compliance with statutory or legal requirements.
Article 7: Limitation of Liability
The Client’s liability towards the Service Provider is only for the cost’s payable under this agreement. The Client will not be liable to Joymountain Solutions, or any third- party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.
Article 8: Dispute resolution Ground rule = Negotiation
We always want to work things out in a positive way. In the event of a dispute, both parties agree to work towards a resolution through good faith negotiation.
Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.
Litigation: If litigation is necessary, this agreement will be interpreted based on the laws of the State of France regardless of any conflict of law issues that may arise. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed upon country.
Attorney’s Fees: The prevailing party, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
Article 9: Severability
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
Article 10: Complete contract
This Agreement puts the parties entire understanding of the services to be performed and anything else the parties have agreed to in black and white.
This agreement supersedes any other written or verbal communications between the parties. Any subsequent changes to this agreement must be made in writing and signed by both parties.