Terms of Use
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 be used only for advertising purposes.
– Services: Services that Party B provides to Party A and are listed in point 1.2 of this Contract
– Service fee: The cost that Party A will have to pay to Party B to use the service stated in point 1.2 of this Contract. Calculated as a % of the advertising budget.
– Deposit: The amount that Party A must transfer to Party B's designated account to ensure the implementation of the commitments in the Contract. Party B has the right to use the deposit to pay debts/penalties and other arising costs (if any). Upon termination of the Contract, the remaining deposit will be returned to Party A.
1.2 Services
– Party B provides advertising accounts to Party A through the BM prepared by Party B. Party A will share resources with BM to run ads and share employees' BM participation rights, in order to use advertising accounts to set up advertising campaigns.
– Support in handling arising situations under the responsibility of Party B. Warning the Party for
A knows the issues to be aware of, the violations of Party A.
– When the advertising account is locked, Party B supports reflecting and reporting the status of the advertising account to Facebook.
ARTICLE 2: SERVICE CONDITIONS
2.1 Side A
– Party A ensures compliance with current Facebook regulations (https://www.facebook.com/policies/ads/).
– Make adjustments when receiving warnings about violations related to the use of Party B's account.
– Party A agrees that the content in the advertisement as well as in Party A's related media must be approved by Party B before the advertisement is released.
– Keep the contents of this Contract confidential and not disclose them to any third party without the consent of Party B, except in cases where a competent state agency requests it.
2.2 DISCLAIMER
– Party B commits not to use information from the account for purposes other than supporting Party A.
– Party B commits to respecting the privacy of the advertising account.
– Party B has the right to access and view Party A's advertising account to check the content and stop Party A's invalid campaigns.
ARTICLE 3: RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 Side A
– Party A has the right to provide and use the services stated in Article 1.2 of this Contract.
– Party A is responsible for timely payment of the Deposit + Advertising Budget + Service Fee by transferring to Party B's account.
– Responsible for signing and accepting the work acceptance report when Party B performs the performance obligations in Section 1.2 of the Contract
– Be responsible for the authenticity of the content on your advertisement and resolve disputes with third parties regarding the information content yourself.
– Comply with the provisions of the law on intellectual property rights, industrial property rights, copyright ownership rights according to the provisions of Vietnamese law.
3.2 DISCLAIMER
– Provide full support tools and services to Party A.
Party B's operating hours for outstanding debts and recording payments and transactions start from 8:30 am to 5:00 pm Vietnam time (GMT + 7) every day. Transactions outside the specified time will be transferred to the next working day.
– In case the advertising account is locked due to Party A's violation, Party B will provide the remaining advertising budget in the locked advertising account to the newly released advertising account.
– Quickly resolve Party A's complaints about service quality within the scope of Party B's responsibility and authority.
– Party B is not responsible for any content appearing on advertisements and related media deployed by Party A.
ARTICLE 4: CONTRACT TERM – CONTRACT TERM – SERVICE POLICY – PAYMENT METHOD
4.1 Contract term
– This contract is effective until Party A's advertising budget in the advertising account provided by Party B has been used up, and automatically renewed when Party A continues to transfer additional fees and the next advertising budget.
4.2 Termination of Contract
– This Contract is terminated in the following cases:
Party A:
– Party A has the right to unilaterally terminate the Contract immediately 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 Facebook's terms and conditions, and Party B's policies, leading to the advertising account being locked and Facebook refusing to reissue. Party B will unilaterally terminate the Contract and Party A will be fined $200 and Party B will use the deposit to deduct.
– Party B has the right to unilaterally suspend or terminate the Contract in case Party A fails to properly fulfill its commitments in this Contract.
Cases to note:
– In case of Force Majeure, the parties must make every effort to minimize the damage and liquidate the Contract. Neither party shall be responsible for the damage caused by Force Majeure.
– In case either party wants to stop the service before the due date for objective reasons, the two parties agree and agree on the spirit of understanding and mutual 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 refund amount will also be converted according to the foreign exchange rate given by Party B in the Contract – In any case, service fees and foreign exchange fees will not be refunded.
– Party A deposits $200 for each account for the provision of the service. The deposit will be refunded when the two parties terminate the Service Contract as agreed. In case 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 exchange rate is determined by Party B and will be updated weekly by Party B (The exchange rate is updated by Party B according to the current exchange rate and the foreign exchange fee is not more than 2%).
– Additional support services: Some other expenses arise because Party A needs Party B's support to serve Party B's initial setup. Party B only needs to pay according to the fee schedule of the third-party provider.
4.4 Payment method
– Deposit: Party A pays a deposit to Party B to set up the service package as soon as this Contract is signed.
– Advertising and service fees: Party A will send Party B the advertising budget and corresponding service fees each time.
– Foreign currency conversion fee: Party B will charge a reasonable fee for weekly foreign currency conversion for each time Party A's advertising budget is recharged, this fee does not exceed 2%.
– Additional support services: Party A pays fees arising from requesting Party B to use third-party services to support Party A in completing the setup steps.
ARTICLE 5: IMPLEMENTATION REGULATIONS ACTION
– This Contract takes effect immediately after signing.
– Both parties commit to strictly comply with the terms of the Contract. In case either party intentionally violates any term of the Contract; the other party will be reminded in writing.
– If either party wants to change anything related to the Contract, that party must have a written request 03 days in advance for consideration and agreement. Any costs arising from changing the Contract due to any reason of the party, that party is responsible for payment.
– During the implementation process, if there is any problem, the two parties will actively negotiate and resolve it in the spirit of cooperation and mutual respect. If the two parties cannot resolve the matter themselves, they will agree to transfer the case to the economic court at the place where Party B's business address is located for work.
ARTICLE 6: CONTRACT PERFORMANCE TERM
– This contract is effective from the date of signing.
– The two parties will hold a meeting and make a contract liquidation record after 7 days. Party B is responsible for organizing it at a suitable time and place.