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Social Media Marketing Agency Agreement

This template is a comprehensive agreement between a business and a social media marketing agency, outlining the scope of services, payment terms, and intellectual property rights. It is suitable for SMEs looking to formalize their engagement with a social media marketing provider.

Updated 17d ago
social mediamarketingagency agreementSMEdigital marketingservice agreement

Company Letterhead Block

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Social Media Marketing Agency Agreement

This Social Media Marketing Agency Agreement ('Agreement') is entered into on this {{day}} day of {{month}}, {{year}}, by and between:

{{client_company_name}}, a company duly registered under the laws of {{country}}, with its principal place of business at {{client_company_address}} (hereinafter referred to as 'Client'); and

{{agency_company_name}}, a company duly registered under the laws of {{country}}, with its principal place of business at {{agency_company_address}} (hereinafter referred to as 'Agency').

Collectively, the Client and the Agency may be referred to as the 'Parties' and individually as a 'Party'.

1. Scope of Services

1.1 The Agency agrees to provide the following social media marketing services to the Client ('Services'):

- Social Media Strategy Development: {{strategy_details}}

- Content Creation and Curation: {{content_details}}

- Community Management: {{community_management_details}}

- Paid Social Media Advertising Management: {{paid_advertising_details}}

- Performance Reporting and Analytics: {{reporting_details}}

1.2 The specific platforms covered by this Agreement include: {{social_media_platforms}}.

2. Term and Termination

2.1 This Agreement shall commence on {{start_date}} and shall continue for a period of {{term_length}} (e.g., months, years), unless terminated earlier in accordance with the provisions herein ('Term').

2.2 Either Party may terminate this Agreement by providing {{notice_period}} days' written notice to the other Party.

2.3 Either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period}} days of receiving written notice thereof.

3. Fees and Payment

3.1 The Client agrees to pay the Agency a monthly fee of {{monthly_fee_currency}} {{monthly_fee_amount}} for the Services ('Fees').

3.2 In addition to the monthly fee, the Client shall reimburse the Agency for all pre-approved out-of-pocket expenses incurred in connection with the Services, including but not limited to: {{expense_types}}.

3.3 Invoices will be issued by the Agency on {{invoice_date}} of each month and are payable within {{payment_terms}} days of receipt.

3.4 Late payments shall accrue interest at a rate of {{interest_rate}}% per annum or the maximum rate permitted by law, whichever is lower.

4. Intellectual Property

4.1 All intellectual property rights in and to any content, materials, or deliverables created by the Agency specifically for the Client under this Agreement shall belong to the Client upon full payment of all Fees.

4.2 The Agency retains the right to use the Client's name and logo for promotional purposes, including in its portfolio and marketing materials, unless otherwise agreed in writing.

5. Confidentiality

5.1 Both Parties agree to keep confidential all non-public information, including but not limited to business plans, financial information, client lists, and marketing strategies, disclosed by one Party to the other.

5.2 This confidentiality obligation shall survive the termination of this Agreement for a period of {{confidentiality_period}} years.

6. Warranties and Representations

6.1 The Agency warrants that it will perform the Services with reasonable skill and care, in a professional and workmanlike manner.

6.2 The Client warrants that it has the necessary rights and permissions to provide any content or materials to the Agency for use in the Services and that such content or materials do not infringe upon the intellectual property rights of any third party.

7. Limitation of Liability

7.1 Neither Party shall be liable to the other for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with this Agreement.

7.2 The Agency's total liability under this Agreement shall not exceed the total Fees paid by the Client to the Agency during the {{liability_period}} months immediately preceding the event giving rise to the liability.

8. Governing Law and Dispute Resolution

8.1 This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_country}}.

8.2 Any dispute arising out of or in connection with this Agreement shall be submitted to mediation in {{mediation_city}}, {{mediation_country}}.

8.3 If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of {{arbitration_body}} in {{arbitration_city}}, {{arbitration_country}}.

9. Entire Agreement

This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties.

Signature Block

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

For and on behalf of {{client_company_name}}:

___________________________

Name: {{client_signatory_name}}

Title: {{client_signatory_title}}

Date: {{client_signature_date}}

For and on behalf of {{agency_company_name}}:

___________________________

Name: {{agency_signatory_name}}

Title: {{agency_signatory_title}}

Date: {{agency_signature_date}}

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