General terms and conditions of contract
Object
The purpose and object of this Service Agreement is to regulate the cooperation between the Parties and to establish the framework within which DIMAPROM will provide its specialized services in the context of web / digital projects to {CLIENT}.
When {CLIENT} has a specific order for DIMAPROM, an ORDER CONFIRMATION will be attached to the Service Agreement, clearly stating the nature of the services to be provided, the nature of the project, its description, the remuneration as well as the duration and/or time frame and the persons responsible for carrying out the services.
{CLIENT} and DIMAPROM agree that, for the duration of this agreement, DIMAPROM will be responsible for the design, management and optimization of the search marketing activities with the aim of generating visitors and transactions for {CLIENT}, as further specified in this agreement.
This Agreement includes, among other things,
- Online marketing, digital strategy, project management, web development, etc..
- Search engine advertising (SEA) via Google Ads, Bing Ads, Google Shopping, Bing Shopping, etc….
- Display & Video via Google Display Network, Google YouTube, Display & Video 360, Campaign Manager, etc…
- Search engine optimization (SEO) via Google Search Console, Moz, Screaming Frog, etc…
- Website analytics and tracking via Google Analytics, Google Tagmanager, Google Datastudio, etc.,…
in the context of digital/web campaigns and projects.
This list is illustrative and not exhaustive.
All results will be measured within Google Ads and optionally also within Google Analytics, to the extent that {CLIENT} implements the associated measurement pixels on its website.
Payment term
The fees to DIMAPROM are payable monthly. The invoices will be paid no later than thirty (30) days after the invoice date. If the condition is disputed or the invoice is protested, {CUSTOMER} must do so within seven days after delivery of the relevant document.
Additional provisions
In order to allow DIMAPROM to provide the services, {CLIENT} will provide the required graphic material as soon as reasonably possible and no later than 5 days before the start of the relevant campaign. The graphic material must be hosted by {CLIENT}. This clause does not apply to textual advertisements within Google Ads.
If DIMAPROM considers that the quality of the graphic material is insufficient, it will notify {CUSTOMER} of this, and the parties will consult on what additional measures can be taken to improve the quality.
{CUSTOMER} declares to have all necessary permits to perform its activities to which this agreement relates. If not, {CUSTOMER} will do everything necessary to compensate DIMAPROM for all direct and indirect damages suffered. Both parties declare to do everything reasonably possible to indemnify each other against claims arising from this agreement, from any (third) party.
Pricing and revision
Our prices, as stated in our estimates and order confirmations, whether as unit prices or as fixed prices, were established on the basis of the costs to provide these services valid on the date the quotation was drawn up.
They are always subject to annual revision by DIMAPROM, provided that {CUSTOMER} is notified in advance. The revision is carried out according to the legal formula based on the consumer price index (CPI): basic rate x new index figure / initial index figure. The initial index figure is that of the month in which the collaboration was started. The new index figure is that of the month of the revision.
Liability
Except in the case of intent or fraud, DIMAPROM's liability for indirect damage, including indirect consequential damage, indirect loss of profit, indirect missed savings and damage due to business stagnation, is excluded.
Intellectual property law
DIMAPROM is the owner of all copyrights, trade names, know-how, technology, software or any other right connected to the service, whether by ownership or license. Neither party obtains by means of this agreement in any way rights or licenses with respect to software, databases, brands, trade names, information, documents or other materials of the other party, unless otherwise agreed in this agreement.
Confidentiality
Both parties undertake not to use or disclose to third parties any confidential data (such as technical data, financial, statistical and personal data, customer data, business information) of which they become aware in the context of the collaboration, other than to the extent strictly necessary for the provision of the services, under penalty of damages, unless prior written permission has been obtained.
DIMAPROM may refer to {CLIENT} as a reference when carrying out its activities. {CLIENT} may in turn refer to DIMAPROM as a reference for the provision of the services covered by this agreement.
Contacts
Both parties will designate a contact person who will be responsible for the day-to-day operation and implementation of this Agreement: