This TikTok Agreement (the “Agreement”) sets out the terms and conditions upon which the customer (the “Company”) engage Luxu Technologies (the “Agency”), being a Company duly registered under the laws of Hong Kong with registered number 1988940 as a Micro-content provider (together, the “Parties”).
WHEREAS: the Agency locates and provides Micro-Content Creators and strategy.
WHEREAS: the Company is desirous of engaging the Agency to provide micro-content
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. Provision of information
In order to enable the Agency to locate suitable content creators the Company will promptly provide the following information to the Agency:
1.1 An executive summary of the Company including its areas of operation, products etc etc.
1.2 Products and samples to be sent to the content creators
1.3 A detailed description of the desired content creator.
2. Obligations of the Agency
The Agency will use its best endeavors to locate a suitable creator. The Agency will use its skill, as well as industry knowledge to locate, screen, interview and activate content creators.
The Agency would provide 10 Unique videos per month and 12 edited-videos per month.
The Agency may undertake searches for content creators directly or may outsource this role to third-parties or networks.
In consideration of its services under the Agreement the Company agrees to pay the Agency a monthly fee of US$4,000
The Agreement shall commence on the date of its execution and shall have effect until cancelled by the company or the agency.
5. Warranties and indemnities
5.1 Both Parties warrant that they have the necessary power and approval to enter into the Agreement.
5.2 Both Parties warrant that they are not aware of anything in their reasonable control which will or could have an adverse effect upon their ability to perform their respective obligations under the Agreement.
5.3 The Agency acknowledges that it does not have the right to bind the Company.
5.4 The obligations and benefits under this Agreement may be assigned by either Party provided that the other Party first agrees in writing to said assignment.
5.5 The failure or delay by either Party to enforce any term of this agreement or to act upon a breach of any term shall not constitute a waiver of their rights
5.6 Both Parties warrant that they will not do anything to hinder or adversely affect the execution of the other Parties’ duties under the Agreement.
It is agreed that:
6.1 The Agency shall ensure that any confidential information or material which is obtained during the scope of this Agreement or in negotiation thereof is kept confidential including but not limited to the details of the Position and the proposed salary thereof.
6.2 The Agency undertakes that he shall not expose any confidential information except with the prior written consent of the Company or if directed to do so by a competent Court provided always that such information has not previously entered the public domain by other means.
Any variation to this Agreement shall be made in writing and signed by both Parties.
Any notice served under this Agreement shall be made in writing and shall be considered served if it is handed to the other Party in person or delivered to their last known address or any other such address as the Party being served may have notified as his address for service. All notices shall be delivered in English.
9. Governing law, disputes and arbitration
It is agreed that:
13.1 The Agreement is made under the exclusive jurisdiction of the laws of Hong Kong.
13.2 Disputes under this Agreement shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
13.3 Notwithstanding the terms of 13.2 both Parties agree that in the event of a dispute they will enter into arbitration before the International Chamber of Commerce before a single arbitrator whose decision shall be final.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement: