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Social Media Marketing Agency Agreement

This document is a comprehensive agreement between a business and a social media marketing agency, outlining the terms and conditions for social media marketing services. It is suitable for businesses engaging agencies to manage their social media presence in a Southern African context.

Updated 16d ago
social mediamarketingagency agreementSMESouthern Africadigital marketing

Company Letterhead Block

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Social Media Marketing Agency Agreement

This Social Media Marketing Agency Agreement (hereinafter referred to as the “Agreement”) is made and entered into on this {{date}} by and between:

{{client_company_name}}, a company duly registered under the laws of {{client_country}}, with its registered office located at {{client_company_address}} (hereinafter referred to as the “Client”), and

{{agency_company_name}}, a company duly registered under the laws of {{agency_country}}, with its registered office located at {{agency_company_address}} (hereinafter referred to as the “Agency”).

1. Services Provided

The Agency agrees to provide the following social media marketing services to the Client (hereinafter referred to as the “Services”):

a. **Social Media Strategy Development:** Development of a comprehensive social media strategy tailored to the Client’s business objectives.

b. **Content Creation and Curation:** Creation and curation of engaging content (text, images, videos) for designated social media platforms.

c. **Social Media Management:** Regular posting, scheduling, and monitoring of social media accounts.

d. **Community Management:** Engagement with followers, response to comments and messages, and reputation management.

e. **Paid Social Media Advertising:** Management of paid social media campaigns, including ad creation, targeting, and optimization (if applicable, as per Schedule A).

f. **Performance Reporting:** Provision of regular reports detailing social media performance, analytics, and key insights.

2. Term of Agreement

This Agreement shall commence on {{start_date}} and shall continue for a period of {{agreement_term_months}} months, unless terminated earlier in accordance with the provisions of this Agreement. This Agreement will automatically renew for successive {{renewal_term_months}}-month periods unless either party provides written notice of non-renewal at least {{notice_period_days}} days prior to the end of the then-current term.

3. Fees and Payment

a. **Service Fees:** The Client agrees to pay the Agency a monthly service fee of {{monthly_fee_currency}} {{monthly_fee_amount}}, payable in advance on the {{payment_due_day}} of each month.

b. **Campaign Budget:** For paid social media advertising, the Client shall provide a separate advertising budget of {{ad_budget_currency}} {{ad_budget_amount}} per month, which shall be managed by the Agency. The Agency will provide invoices for all ad spend.

c. **Invoicing:** All invoices from the Agency shall be payable within {{payment_terms_days}} days of receipt.

d. **Late Payments:** Late payments may incur an interest charge of {{late_payment_interest_rate}}% per month on the outstanding balance.

4. Client Responsibilities

The Client agrees to:

a. Provide the Agency with all necessary information, access to social media accounts, brand guidelines, and content required for the performance of the Services in a timely manner.

b. Approve content, advertising creatives, and strategies within {{approval_days}} business days of submission by the Agency.

c. Designate a primary contact person for communication with the Agency.

5. Confidentiality

Both parties agree to treat all information exchanged during the course of this Agreement, including business strategies, client data, and marketing plans, as strictly confidential. Neither party shall disclose such confidential information to any third party without the prior written consent of the other party, except as required by law.

6. Intellectual Property

Upon full payment of all fees due under this Agreement, all intellectual property rights in the content created by the Agency specifically for the Client under this Agreement shall transfer to the Client. The Agency retains the right to use such work for its portfolio and promotional purposes, unless otherwise agreed in writing.

7. Limitation of Liability

Neither party shall be liable for any indirect, incidental, special, or consequential damages, including loss of profits, arising out of or in connection with this Agreement. The Agency's total liability under this Agreement shall not exceed the total fees paid by the Client to the Agency in the {{liability_period_months}} months preceding the event giving rise to the claim.

8. Termination

Either party may terminate this Agreement with {{termination_notice_days}} days' written notice to the other party. Either party may also terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within {{cure_period_days}} days after receiving written notice thereof.

9. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of {{governing_country}}. Any disputes arising out of or in connection with this Agreement shall be resolved through good-faith negotiation. If a resolution cannot be reached, the parties agree to engage in mediation in {{mediation_location}} before pursuing litigation.

Signature Block

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

**For the Client:**

_____________________________

Name: {{client_signatory_name}}

Title: {{client_signatory_title}}

Company: {{client_company_name}}

Date: {{client_signature_date}}

**For the Agency:**

_____________________________

Name: {{agency_signatory_name}}

Title: {{agency_signatory_title}}

Company: {{agency_company_name}}

Date: {{agency_signature_date}}

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