ARTICLE 1: DEFINITIONS AND SERVICES
1.1 Definition
– Advertising Account: Is the Facebook advertising account that Party B provides to Party A.
– Advertising Budget: Is the amount of money that Party A transfers to Party B to use only for running ads
– Service: The service that Party B provides to Party A and is listed at point 1.2 of this Contract
– Service Fee: The cost that Party A will have to pay to Party B to use the service mentioned at point 1.2 of this Contract. Calculated as a % of the advertising budget.
– Deposit: Is the amount of money that Party A must transfer to the account of Party B designated, to ensure the implementation of commitments in the Contract. Party B has the right to use the deposit to pay debts/penalties and other incurred expenses (if any). At the end of the Contract, the remaining amount of the deposit will be returned to Party A.
1.2 Services
– Party B provides an advertising account to Party A through BM that Party B prepares. Party A will share resources with BM to run ads, and share staff rights to join BM, in order to use the advertising account to set up advertising campaigns.
– Support to handle arising situations within the responsibility of Party B. Warning to Party cho
A knows the issues to be aware of, the violations of Party A.
– When the ad account is locked, Party B supports to reflect and report the status of the ad account to Facebook.
ARTICLE 2: CONDITIONS FOR THE SERVICE
2.1 Side A
– Party A ensures compliance with current regulations of Facebook (https://www.facebook.com/policies/ads/).
– Make adjustments when receiving warnings about violations related to the use of party B’s account.
– Party A approves that the content in the advertisement as well as in the related media of Party A must be approved by Party B before the advertisement is released.
– Confidentiality of the content of this Contract and not to disclose it to any third party without the consent of Party B, except as required by competent state agencies.
2.2 DISCLAIMER
– Party B commits not to use information from the accounts for purposes other than supporting Party A.
– Party B is committed to respecting the privacy rights of advertising accounts.
– Party B has the right to access and view Party A’s ad account to check the content, and stop Party A’s invalid campaigns.
ARTICLE 3: RIGHTS AND OBLIGATIONS OF THE PARTY
3.1 Side A
– Party A is entitled to provide and use the services mentioned in Article 1.2 of this Contract.
– Party A is responsible for timely payment of Deposit + Advertising Budget + Service Fee by transfer to Party B’s account.
– Be responsible for signing and accepting the minutes of work acceptance when Party B fulfills its performance obligations in Section 1.2 of this Contract.
– Be responsible for the authenticity of the content on your advertisement and resolve disputes with third parties about the information content yourself.
– Comply with legal provisions on intellectual property rights, industrial property, and copyright ownership as prescribed by Vietnamese law.
3.2 DISCLAIMER
– Provide full support tools and services for Party A.
– Party B’s operating time for arrears and recording of payments and transactions starts from 8:30 am to 5:00 pm Vietnam time (GMT + 7) every day. Transactions outside the specified time will be carried over to the next business day.
– In case the ad account is locked due to Party A’s violation, Party B will provide the remaining advertising budget in the locked ad account to the newly issued ad account.
– Quickly resolve Party A’s complaints about service quality within the scope of responsibility and authority of Party B.
– Party B is not responsible for any content appearing on advertisements and related media that Party A deploys.
ARTICLE 4: CONTRACT TERM – CONTRACT TERMINATION – SERVICE POLICY – PAYMENT METHOD
4.1 Contract Term
– This contract is valid until Party A’s Advertising Budget in the advertising account provided by Party B has been used up, and automatically renews when Party A continues to transfer additional fees and advertising budget. next batch report.
4.2 Termination of Contract
– This contract is terminated in the following cases:
Party A:
– Party A has the right to immediately unilaterally terminate the Contract in case Party B is found to have violated Article 2.2 of the Contract and request Party B to compensate Party A for damages (if any). At the same time, Party B must return 100% of Party A’s deposit.
Party B
– In case Party A intentionally violates the terms of facebook, and the policies of party B, leading to the advertising account being locked and facebook refusing to re-issue. Party B will unilaterally terminate The contract and party A will be fined $200, and party B uses the deposit to deduct.
– Party B has the right to unilaterally suspend or terminate the performance of the Contract in case Party A fails to comply with the commitments in this Contract.
Cases to note:
– In case a Force Majeure Event occurs, the parties must make every effort to minimize the damage and liquidate the Contract. Neither party is liable for damages caused by a Force Majeure Event.
– In case one of the two parties wants to stop the service before the due date for objective reasons, the two parties agree and agree on the spirit of mutual understanding and support. If Party A does not violate any policies of Facebook and Party B, Party B will be refunded the remaining budget in the advertising account, and the deposit. The amount of the refund is also converted at the foreign currency rate that Party B offers in the Contract – In any case, the service fee and foreign currency conversion fee will not be refunded.
4.3 Service Policy
– Party A makes a deposit for the corresponding service provision of $200 for each account. The deposit will be refunded when the two parties terminate the Service Contract by agreement. In the event that Party A violates clause 2.1 of this Contract, Party B has the right to immediately terminate the Contract and use the deposit to pay for Party A’s penalties for breach of contract.
– Advertising fee and service fee: The service fee is 3% of the advertising budget, and has a minimum revenue of $1000 per account/month.
– The foreign currency rate is set by Party B, and will be updated by Party B on a weekly basis (The exchange rate is updated by Party B according to the current exchange rate, and foreign currency conversion fee, no more than 2%).
– Support service arising: Some other arising because Party A needs Party B’s support to serve the initial setup of Party B. Party B only needs to pay according to the fee schedule of the 3rd party supplier. .
4.4 Payment method
– Deposit: Party A pays the deposit to Party B to set up the service package as soon as this Contract is signed.
– Advertising and service fee: Party A will send Party B the corresponding advertising budget and service fee each time.
– Foreign currency conversion fee: Party B will charge a reasonable fee for weekly foreign currency conversion on each recharge of Party A’s advertising budget, this fee does not exceed 2%.
– Support services incurred: Party A pays the fees arising from asking Party B to use 3rd party services to assist Party A in completing the setup steps.
ARTICLE 5: IMPLEMENTING PROVISIONS
– This contract takes effect immediately after signing.
– The two parties commit to strictly comply with the terms of the Contract, in case either party intentionally violates any terms in the Contract; the other party will remind in writing.
– If a party wants to change anything related to the Contract, it must have a written request 03 days in advance for review and agreement. Any costs incurred for the change of the Contract due to any party’s cause, that party is responsible for payment.
– In the course of implementation, if there are any problems, the two sides will actively negotiate and resolve in the spirit of cooperation and mutual respect. If the two parties cannot resolve it themselves, they will agree to transfer the case to the economic court at the place where Party B’s business address is located to work.
ARTICLE 6: CONTRACT IMPLEMENTATION DURATION
– This contract takes effect from the date of signing.
– The two parties will hold a meeting and make a minutes of contract liquidation after 7 days. Party B is responsible for organizing at the appropriate time and place.