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Digital Marketing Services Agreement Template for Australia

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Key Requirements PROMPT example:

Digital Marketing Services Agreement

"I need a Digital Marketing Services Agreement for my e-commerce startup to engage a marketing agency for social media management, SEO, and content creation services, with monthly performance reporting and the ability to terminate with 30 days' notice."

Document background
The Digital Marketing Services Agreement is essential for businesses engaging professional digital marketing services in Australia. This document is typically used when a company or individual wishes to outsource their digital marketing activities to a specialized agency or consultant. It comprehensively covers service specifications, performance metrics, compliance with Australian regulations (including the Privacy Act 1988 and Australian Consumer Law), and intellectual property rights. The agreement is particularly relevant in today's digital-first business environment, where professional digital marketing services are crucial for business growth and online presence. It protects both parties' interests while ensuring clarity in service delivery, payment terms, and performance expectations.
Suggested Sections

1. Parties: Identification of the service provider and client, including ABN/ACN and registered addresses

2. Background: Context of the agreement and general purpose of the engagement

3. Definitions: Key terms used throughout the agreement, including technical marketing terminology

4. Scope of Services: Detailed description of digital marketing services to be provided

5. Term and Commencement: Duration of the agreement and start date

6. Service Provider's Obligations: Key responsibilities and commitments of the marketing agency

7. Client's Obligations: Client responsibilities, including provision of materials and approvals

8. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing details

9. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

10. Data Protection and Privacy: Compliance with Privacy Act and handling of personal information

11. Confidentiality: Protection of confidential information from both parties

12. Performance Metrics and Reporting: KPIs, reporting requirements, and performance assessment criteria

13. Termination: Conditions and process for ending the agreement

14. Dispute Resolution: Process for handling disagreements and conflicts

15. General Provisions: Standard legal clauses including governing law, notices, and assignment

Optional Sections

1. Social Media Management: Specific terms for social media account management and content creation

2. SEO Services: Detailed provisions for search engine optimization services

3. Content Creation: Terms specific to content development and approval processes

4. PPC Advertising: Terms for paid advertising campaign management and budgets

5. Third-Party Platforms: Terms regarding use of third-party marketing platforms and tools

6. International Marketing: Additional provisions for cross-border marketing activities

7. Crisis Management: Procedures for handling social media or marketing crises

8. White Labeling: Terms for white-label service provision if agency works under client's brand

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed breakdown of specific marketing services and deliverables

2. Schedule 2 - Fee Schedule: Comprehensive pricing details, including rate cards and payment milestones

3. Schedule 3 - Service Level Agreement: Performance standards, response times, and service quality metrics

4. Schedule 4 - Approved Platforms and Tools: List of authorized marketing platforms and tools to be used

5. Schedule 5 - Reporting Templates: Standard formats for performance reports and analytics

6. Appendix A - Brand Guidelines: Client's branding requirements and style guide

7. Appendix B - Compliance Requirements: Specific regulatory and industry compliance requirements

8. Appendix C - Key Personnel: List of key team members and their roles from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions










































Clauses








































Relevant Industries

Retail

E-commerce

Professional Services

Technology

Healthcare

Education

Financial Services

Hospitality

Real Estate

Manufacturing

Consumer Goods

Entertainment

Non-profit

Telecommunications

Relevant Teams

Legal

Marketing

Digital

Procurement

Operations

Business Development

Communications

Content

Social Media

Brand Management

E-commerce

Compliance

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Business Development Manager

Marketing Coordinator

Content Manager

Social Media Manager

SEO Specialist

Brand Manager

Agency Account Manager

Legal Counsel

Procurement Manager

Operations Manager

Marketing Consultant

E-commerce Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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