These terms of service are deemed to form part of any agreement of service between Wildfire Business Solutions and the Client.
It is agreed by and between the Client and Wildfire Business Solutions as follows:
ACCEPTANCE
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client proceeds with this engagement then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
AGENCY APPOINTMENT
The Client hereby appoints Wildfire Business Solutions to handle advertising, communication and related work on social media required for its brand/business.
AGENCY SERVICES
Wildfire Business Solutions shall provide to the Client services which shall include the following where it applies:
COMMENCEMENT AND DURATION
This agreement is deemed to commence at least one (1) week after confirmation of payment for the service and shall remain in force for 1 calendar month. The agreement will be renewed thereafter every month unless cancelled by either party in advance.
Posting of contents on the clients social media will only begin at the beginning or middle of the month regardless of the time payment of the service was made.
CONFIDENTIALITY
Wildfire Business Solutions shall maintain absolute confidentiality with respect to any confidential information received from the Client. Wildfire Business Solutions shall not disclose any such information without obtaining Client’s specific prior consent, otherwise than in compliance with statutory requirements.
GOVERNING LAWS
The Client and Wildfire Business Solutions shall comply with all statutory regulations. This agreement will be subject to the laws of The Federal Republic of Nigeria.
AGENCY FEES AND REMUNERATION
The Client agrees to pay Wildfire Business Solutions a retainer fee monthly. This amount will be payable at the beginning of the month of service, upon receipt of an invoice from Wildfire Business Solutions in advance. All out-of-pocket expenses such as outstation travel, stay, etc incurred by Wildfire Business Solutions, as part of this assignment, would be borne by the Client. Such out of pocket expenses will be incurred by Wildfire Business Solutions only after specific approval from the Client. Similarly, charges for any other services including video creation, application development, media buy, purchase of licensed images and content, etc. if applicable, will be charged extra.
TAXES
All statutory taxes shall be borne and paid by the Client to Wildfire Business Solutions.
PAYMENT TERMS
The Client agrees to pay Retainer Fees against Invoices at the beginning of the month for that particular month. All other Invoices raised on the Client will become payable within 14 days from the date of all such Invoices.
If after 3 months of payment the client refuses to provide neccesary information to begin the social media management service, the payment will be nullified.
INDEMNITY
The Client shall indemnify and keep Wildfire Business Solutions indemnified against all losses, expenses or damages that may be suffered by Wildfire Business Solutions due to any default or breach of terms by the Client under this Agreement.
NON- SOLICITATION
Both the Client and Wildfire Business Solutions hereby covenant that during the term of this agreement and for a period of one year following its termination or expiration, it shall not, without the previous written consent of other parties, employ or contract the services of any person who was employed by the party at any time during a period of 12 months preceding the date on which the offer for employment is made to the party.
FORCE MAJEURE
Neither the Client, nor Wildfire Business Solutions, shall be liable for any default, delay or lapse occurring due to events beyond their control including riot, strike, theft, war, or acts of God and/or nature.
EVALUATION
The Client and Wildfire Business Solutions shall evaluate progress under this agreement at the beginning of every quarter and take corrective action as may be required.
MODIFICATION IN TERMS
Any changes in the terms and conditions contained herein shall have effect only prospectively, and shall be valid only if recorded in writing and signed by both parties (if hard-copy) or mutually agreed by return (if by email) by the authorized officials of the Client and Wildfire Business Solutions.
WAIVER
The failure of either party at any time to enforce any provision of this Agreement, shall in no way affect its right thereafter to require complete performance by the other party. Further, waiver of any breach of any provision shall not be held to be a waiver for any subsequent breaches. Any waiver shall be valid only if it is recorded in writing and signed by the authorized officials of the Client and Wildfire Business Solutions.
TERMINATION
Either party may terminate this agreement by giving 1 month written notice to the other, without assigning any reason whatsoever. The obligations of the parties shall continue during the notice period.
ARBITRATION
Any dispute, difference or question arising out of this agreement shall be settled amicably between the parties, failing which the same shall be referred to arbitration under the laws of the Federal Republic of Nigeria.
NOTICES
Any or all notices to be given by the parties hereto to each other under this agreement shall be in writing and shall be transmitted by email or by registered post or by courier service as elected by the party giving such notice.
SEVERABILITY
If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).