Terms and Conditions
This document will confirm the understanding concerning the terms of retainer and nature of services
to be performed for the customer [Company] by Fowler Associates [Consultant]. These terms are
1. Term. This agreement will begin from the agreed date and run until terminated by one of the parties. However either party may terminate the agreement with thirty (30) days' written notice to the other party.
2. Duties. The Consultant's duties will include the creation of a searchable page containing meaningful text regarding the Company's products and services. The Consultant will also, together with the Company, define relevant keywords for searches. The page will also be hosted and maintained by the Consultant, submitted to search engines and monitored plus changed as necessary to improve performance.
3. Fee. The agreed fee for the Consultant's services for a small business shall be
- A set up fee, to be agreed by the parties
- A monthly fee, to be agreed by the parties
4. Independence. Consultant shall act as independent Consultant and not as agent or employee of the Company and the Consultant shall make no representation as agent or employee of the Company. Consultant shall furnish insurance and be responsible for all taxes as independent Consultant working for the Company. Consultant shall have no authority to bind Company or incur other obligations on behalf of Company.
5. Confidentiality. In the event Company discloses information to Consultant that Company considers to be secret or proprietary and so notifies Consultant, in that event Consultant agrees to hold the Proprietary Data in confidence and to treat the Proprietary information with at least the same degree of care and safeguards that he takes with his own proprietary information. Such Proprietary Information shall be used by Consultant only in connection with services rendered under this Agreement. Proprietary Information shall not be deemed to include information that (a) is in or becomes in the public domain without violation of this Agreement by Consultant, or (b) is already in the possession of Consultant, as evidenced by written documents, prior to disclosure thereof by Company, or c) is rightfully received from a third entity having no obligation to Company and without violation of this Agreement by Consultant.
6. Liabilities.While Consultant will undertake every effort to obtain the necessary information for the development, we cannot be held liable if this information could not be obtained in the required time scale, because of circumstances beyond our control.
Consultant undertakes to exercise reasonable care and attention in their duties. However, the liability to Company of Consultant in contract or tort, under statute or otherwise for any indirect or consequential economic loss or damage (including loss of profit) suffered by you (or such other party) arising from or in connection with this engagement however such indirect or consequential economic loss or damage is caused (including our negligence but not our wilful default) shall be excluded.
Consultant aggregate liability to Company of Consultant in contract or tort and even under statute or otherwise for any direct loss or damage suffered by you (or such other party) arising from or in connection with the Engagement shall be limited to the initial fee payable to us in accordance with this engagement.
7. Entire This Agreement now is the entire agreement of the parties relating to the subject matter hereof, and supersedes all prior and contemporaneous negotiations, correspondence, understandings, and agreements of the parties relating to the subject matter hereof. It may be amended only by an agreement in writing, signed by both parties.
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