Digital Marketing Consultancy Contract
This contract, dated today, is made between Indian Institute of Ecommerce ( IIEC ) and
( Digital Marketing Consultant) in India. This document constitutes the Digital Marketing Consultancy agreement between these two parties and is governed by the laws of India.
WHEREAS Indian Institute of Ecommerce desires to retain the services of the Consultant, and the Consultant desires to render such services, these terms and conditions are set forth.
IN CONSIDERATION of this mutual understanding, the parties agree to the following terms and conditions:
- Digital Marketing Consultancy
The Consultant agrees that he or she will faithfully and to the best of their ability carry out the duties and responsibilities communicated to them by Indian Institute of Ecommerce. The Consultant shall comply with all company policies, rules and procedures at all times.
As a IIEC Digital Marketing Consultant, it is the duty of the Consultant to perform all essential job functions and duties relating to 360 degree digital marketing and sales using social media management and organic growth marketing such as SEO and paid advertising. From time to time, Indian Institute of Ecommerce may also add other duties within the reasonable scope of the Consultant’s work relating to digital marketing such as creative development and strategy development to increase brand presence and sales.
As compensation for the services provided, the Consultant shall be paid a fixed amount of
INR 8000 subject to an annual performance review
It is the intention of both parties to form a long and mutually profitable relationship. However, due to the nature of the business, the Consultant agrees that Indian Institute of Ecommerce has the right to terminate Digital Marketing Consultancy at will. IIEC and/ or the Digital Marketing consultant are free to leave the job in the initial two weeks of this agreement if any of the parties are not satisfied from the engagement and IIEC will not be paying any sum for this initial disengagement.
Notice Period: The Consultant also agrees that a 60 day notice period shall be served by the Consultant of his intention to terminate Digital Marketing Consultancy to Indian Institute of Ecommerce.
It is agreed by the Consultant that Indian Institute of Ecommerce shall be spending a considerable amount of time, effort and money in training the Consultant and therefore agrees that in case the Consultant leaves Digital Marketing Consultancy without the agreed 60 day notice period, the Consultant shall be liable to pay Indian Institute of Ecommerce liquidated amount of Rs. 4 lakhs on account of said expenditure on Consultant’s training.
The Consultant agrees to return all Indian Institute of Ecommerce property upon termination including all or any physical goods, digital products, any client or company data (without any loss or damage) like hard drives, computers, access to courses, media, digital products, confidential information, login information to various websites, client information etc. given to the Consultant during the period of the Digital Marketing Consultancy, failing which Indian Institute of Ecommerce reserves the right to take appropriate legal action against you and recover the cost for such damage or loss from any pending compensation due to you from Indian Institute of Ecommerce.
It is also agreed by the Consultant that Indian Institute of Ecommerce shall be spending a considerable amount of time, effort and money in training the Consultant and therefore agrees that in case the Consultant leaves Digital Marketing Consultancy within 7 months of commencement of the Digital Marketing Consultancy, the Consultant shall be liable to pay Indian Institute of Ecommerce liquidated amount of Rs. 5 lakhs on account of said expenditure on Consultant’s training.
- Non-Competition and Confidentiality
As a Consultant, Consultant will have access to confidential information that is the property of Indian Institute of Ecommerce. The Consultant is not permitted to disclose this information outside of the Company. Consultant agrees that Indian Institute of Ecommerce is paying a premium on the above salary higher than the industry average for IIEC Digital Marketing Consultant’s work, in lieu of the condition of exclusivity laid down below. The Consultant agrees that the Indian Institute of Ecommerce has spent the past 5 years in developing a style of business processes including content strategy, marketing strategies, Digital Marketing consulting processes, Digital Marketing processes, systems, & operational processes for personal development which is revolutionary in the market. The Consultant agrees that Indian Institute of Ecommerce shall teach said processes to the Consultant with the condition of utmost discretion in anonymity.
During the term of this agreement, and for a period of 3 years after termination or expiration, the consultant agrees that he shall not start any new business which is identical or similar to the business model product or services provided by Indian Institute of Ecommerce or have any arrangement with a competitor. During the term of this agreement, the consultant agrees that the consultant shall not directly or indirectly be engaged as a consultant, employee, sole proprietor, member of a partnership, shareholder, investor, officer, or director of a company or as an associate or be an agent of any person, business, organization or entity which is a competitor (or any person or entity that is reasonably anticipated to the general knowledge of the consultant or the public to become a competitor) of Indian Institute of Ecommerce. Consultant shall not originate any publicity, news release or other public announcement related to the agreement without the prior written approval of Indian Institute of Ecommerce.
Non-solicitation: For 3 years following termination of the consultant’s engagement he shall not: solicit, encourage or induce, or attempt to solicit, encourage, induce any employee, marketing agent, or consultant of Indian Institute of Ecommerce to terminate his employment agency or Digital Marketing Consultancy
with Indian Institute of Ecommerce or any prospective employee with whom Indian Institute of Ecommerce has had discussions or negotiations, not to establish relationship with Indian Institute of Ecommerce;
induce or attempt to induce any current, past, or potential customer to terminate its relationship with Indian Institute of Ecommerce;
induce any current, past, or potential customer with whom Indian Institute of Ecommerce has had discussions or negotiations within 3 years prior to Consultant’s termination of employment not to establish a relationship with Indian Institute of Ecommerce;
induce any current, past, or potential customer with whom Indian Institute of Ecommerce had had discussions or negotiations within 3 years prior to Consultant’s termination of employment to avail of any services, or purchase any goods from the Consultant of any kind whatsoever.
The Consultant agrees that any breach of the conditions laid above shall cause huge losses to Indian Institute of Ecommerce to the tune of at least Rs. 5 lakh. The parties agree to the above amount as liquidated damages in case of breach of the conditions.
- Full Disclosure: You will disclose to the Indian Institute of Ecommerce in writing, any ongoing contractual obligations prior to accepting this Digital Marketing Consultancy contract, including but not limited to any professional contracts, employment contracts, and governmental engagements with any third party, freelance projects or volunteer work.
- Right to hold personal data: As a Consultant, you hereby grant Indian Institute of Ecommerce permission to collect, retain and process information about yourself, such as age, sex, and ethnic origin. The information will be used by Indian Institute of Ecommerce to monitor Indian Institute of Ecommerce’s compliance with applicable laws and best industry practices in terms of equal opportunities and non‐discrimination. Should your personal circumstances change, you must notify the Indian Institute of Ecommerce immediately.
- Indian Institute of Ecommerce’s Proprietary Right
You agree to promptly and fully inform and disclose to Indian Institute of Ecommerce all inventions, designs, ideas, improvements and discoveries, whether or not completed, that you, working by yourself or with others, made, created, conceived or found during the course of the Digital Marketing Consultancy with Indian Institute of Ecommerce, whether or not conceived during regular working hours at Indian Institute of Ecommerce or at Indian Institute of Ecommerce’s premises. You agree and acknowledge that Indian Institute of Ecommerce is the sole owner of all inventions, designs, ideas, improvements and discoveries described under this clause and all applications or requests for patents, trademarks, copy rights or other such protection will be made only in the Indian Institute of Ecommerce’s name. In addition, you agree to assist Indian Institute of Ecommerce in obtaining patents or such other protections on all such inventions, designs, ideas, rights or other trade protection that may be available to Indian Institute of Ecommerce. You agree to execute all documents and do all things necessary to obtain inventions, designs, ideas, improvements and discoveries. You will rescind your moral rights over the inventions as well.
This contract represents the entire agreement between the two parties and supersedes any previous written or oral agreement. This agreement may be modified at any time, provided the written consent of both Indian Institute of Ecommerce and the Consultant.
This contract shall be governed, interpreted, and construed in accordance with the laws of India. Parties agree that any dispute shall be referred for arbitration to Sole Arbitrator Advocate, for arbitration, whose decision shall be final and binding between the parties
In witness and agreement whereof, Indian Institute of Ecommerce has executed this contract with due process through the authorization of official company agents and with the consent of the Consultant, given here in writing.
If the foregoing terms and conditions are acceptable to you, please confirm this in writing indicating understanding and acceptance of the terms and conditions in this Digital Marketing Consultancy Contract, which should be signed by you and returned to us. In the event that any signature is delivered by e-‐mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such “.pdf” signature page were an original thereof. We are delighted to welcome you to our organization and wish you a great career with us!
Digital Marketing Consultant
Chairman – IIEC Indian Institute of Ecommerce
Authorized Signature ( IIEC Pvt Ltd )