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ORM Contract

Discussion in 'Online Reputation Management (ORM)' started by grihmmm, Jun 25, 2016.

  1. grihmmm

    grihmmm Newbie

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    I used some information I found online to create a base ORM template contract and I wanted to know what everyone thought. I understand I should contact a lawyer but if there is anything you would like to provide feedback on I would appreciate it.


    Online Reputation Management (ORM) Contract:

    This contract is entered into between (my company name) and _____________________ (hereinafter referred to as “Client”) on the ___ day of ___________, 200__.

    1. (my Company name) will provide Client with Online Reputation Management Services (hereinafter referred to as “ORM”) as described in this contract. (my Company name) will conduct research on the Client’s online reputation, funnel positive customer feedback to public sources while minimizing impact of negative customer feedback through a custom feedback portal, and provide monthly reports on service and reputation.

    2. The total fee for the ORM services to be provided is $amount/USD/month for X months. All fees must be paid in full by the 3rd of every month.

    (my Company name)'s ORM services are intended to serve two main purposes: 1) to provide the Client with increased positive reputation online, and 2) to drive customer engagement with the business.



    (my Company name)'s ORM Services will include (but are not limited to):

    • Creating and maintaining a custom feedback portal for customers.

    • Analysis and recommendations on optimal business processes for best ORM purposes.

    • Whenever appropriate, respond to customer reviews.

    • Create traffic and ranking reports for custom feedback portal and any associated pages showing new reviews.





    3. For the purposes of receiving professional ORM services, Client agrees to provide the following:

    • Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by (my Company name) for online reputation management purposes.



    4. Client must acknowledge the following with respect to ORM services:

    • All fees are non-refundable.

    • All fees, services, documents, recommendations, and reports are confidential.

    • (my Company name) has no control over the policies of third party websites with respect to the ranking of businesses now or in the future. The Client’s business may receive negative feedback or reviews online at any time.

    • (my Company name) assumes no liability of any kind at any point before, after, or during the terms of service.

    • Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. (my Company name) can offer a list of expedited listing services upon request.



    5. Additional Services not listed herein (such as managing pay-per click campaigns, SEO, web design, etc.) will be provided for an additional fee. Please contact (my company name) for a quote on cost.

    6. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to (Company name) for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend (Company name) and its subcontractors from any liability or suit arising from the use of such elements.

    7. (my Company name) is not responsible for the Client responding to reviews online with consultation with (my company name). (e.g., Client responds to negative review).



    Client Name: ________________________________________

    Client Signature ___________________________________

    Date: _______________



    Company Name: ______________________________________

    Signature _________________________________________

    Date: _______________
     
  2. BHopkins

    BHopkins Moderator Staff Member Moderator Jr. VIP

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    You should absolutely contact a lawyer. Contract language should be correct for the state you need to defend the contract in. California might require different language than New York.

    A review of your contract should cost less than $300 and it's money well spent if you end up needing that contract.
     
  3. grihmmm

    grihmmm Newbie

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    Thanks for the advice BHopkins. I know from lurking you are knowledgeable on ORM and I appreciate the help. I was looking less for technical language on the contract as much as the kinds of provisions I should include. What sort of liabilities should I try to mitigate? What sort of services should I outline within the contract? Those sorts of things. I am looking for the core concepts to take to a lawyer. The more research I do myself the less expert opinion I have to solicit from a lawyer. Point well taken though.
     
  4. Gt86

    Gt86 Newbie

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    Do most people use a contract when selling their ORM services to a business?
     
  5. BHopkins

    BHopkins Moderator Staff Member Moderator Jr. VIP

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    I do whenever a client asks for it. I had a lawyer draft one years ago and have modified it slightly. I think it was less than $300 total.
     
  6. wadamaa

    wadamaa Registered Member

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    Thanks for this Grihmm, do you mind if I use parts of it? Have been trying to do the same thing lately. BHopkins, would you say there is a need/benefit from using the contract? or that it is relatively unnecessary early on?
     
  7. BHopkins

    BHopkins Moderator Staff Member Moderator Jr. VIP

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    If you're just starting out, I wouldn't worry too much about it. Emails are, for the most part, legally binding.

    http://www.forbes.com/sites/oliverh...ur-emails-enforceable-contracts/#786fea89383c
    https://www.lawgives.com/guide/551c...rom-Inadvertently-Becoming-a-Binding-Contract
    http://www.legalmatch.com/law-library/article/email-contracts.html

    Obviously I'm not an attorney and this shouldn't be construed as legal advice, just my opinion.