Does the agreement disclaim liability in relation to damage to a customer's reputation?
Yes. It includes an optional exclusion of liability in relation to "loss or damage to reputation or goodwill". Whether such an exclusion is enforceable in any particular case is another matter, and one on which you may wish to take legal advice.
Our web marketing services involve confidential techniques. Does the web marketing agreement restrict the disclosure of such secret techniques?
The template includes a short-form confidentiality clause, which can cover this type of information.
We are in the process of instructing a new web marketing agency, and want to stop them from making their work for us public. Does the contract do this?
The easiest way to do this would be using the publicity section that appears in the premium version of this agreement.
We charge clients based on a daily rate. Does the web marketing agreement cover this?
The charging clause contemplates the possibility of charging based on an hourly rate. It would be relatively straightforward to alter this to a daily rate.
Does the contract include a clause guaranteeing particular results from SEM work?
No. In fact, it includes an optional clause that specifically provides that the supplier does not warrant or guarantee particular results, and furthermore that where particular targets have been agreed, they are not warranted and a failure to meet the targets will not constitute a breach of the agreement. You can of course delete this optional clause and include binding targets if you wish: just be sure that the targets are tightly defined and achievable.
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