Marketing Hubspot Instance Form

Marketing Hubspot Instance Form

This Marketing Hubspot Instance Form (the "Agreement") is entered into as of Effective Date: by and between Client Name: and Service Provider Name: .

WHEREAS

WHEREAS, Client requires a configured and managed marketing platform instance (HubSpot or equivalent) to manage marketing automation, lead capture, email campaigns, and analytics; and

WHEREAS, Service Provider represents that it has the technical expertise, personnel, and authority to implement, configure, migrate, and support the marketing instance in accordance with the scope set forth herein; and

WHEREAS, the parties desire to set forth the scope, fees, terms, confidentiality and other material terms governing the creation, configuration, and ongoing support of the marketing instance.

Scope of Work

Service Provider shall perform the services described below. The detailed deliverables, milestones, and acceptance criteria are set forth in the Scope of Work field and associated checkboxes.

Account provisioning and base configuration

Branding and email/template setup

Lists, forms, workflows and automation

Reporting, dashboards and analytics configuration

Data migration and mapping

CRM Integration (Salesforce)

Analytics integration (Google Analytics)

E-commerce / Platform integration

Access, Administration & Training

Payment Terms

Client agrees to pay Service Provider the fees specified below in consideration for the services and deliverables. All fees are exclusive of applicable taxes unless otherwise stated.

Invoices are payable according to the payment schedule. Late payments shall accrue interest at the rate set forth above and Service Provider may suspend services for nonpayment after providing written notice in accordance with the Termination section.

Term and Termination

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for material breach by the other party if the breach remains uncured for thirty (30) days after written notice. Service Provider may also suspend services immediately for non-payment after providing five (5) days' written notice to Client.

Confidentiality

"Confidential Information" means any non-public information disclosed by one party to the other in connection with this Agreement, whether oral, written or electronic. Each receiving party shall (a) use Confidential Information solely to perform its obligations under this Agreement; (b) limit disclosure to employees and contractors with a need to know who are bound by confidentiality obligations no less protective than those herein; and (c) exercise at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care.

Confidentiality obligations do not apply to information that (i) is or becomes generally available to the public other than by breach of this Agreement; (ii) was rightfully in the receiving party's possession prior to disclosure; (iii) is independently developed by the receiving party without access to the disclosing party's Confidential Information; or (iv) is required to be disclosed by law, provided the receiving party gives prompt written notice and cooperates with reasonable efforts to obtain protective relief.

Data Ownership, Retention & Security

Client retains all right, title and interest in and to Client Data. Service Provider is granted a limited license to access, process, store and transmit Client Data solely to perform the services. Service Provider shall implement reasonable administrative, technical and physical safeguards to protect Client Data consistent with industry standards.

Upon expiration or termination of this Agreement, Service Provider shall, at Client's election, securely delete or return Client Data in Service Provider's possession in a commercially reasonable manner within the retention period set above, except where retention is required by applicable law.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law provisions. The parties submit to the exclusive jurisdiction of the courts located in that State for disputes arising out of this Agreement.

Entire Agreement

This Agreement, including any attached Scope of Work and attachments executed contemporaneously, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral. Any amendment to this Agreement must be in writing and signed by both parties.

General Provisions

Each party represents and warrants that it has the authority to enter into this Agreement. Neither party will be liable for delays caused by events beyond its reasonable control. The remedies set forth in this Agreement are cumulative and in addition to any other remedies available at law or in equity.

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