Social Media Marketing Contract Format
This Social Media Marketing Contract (the “Contract”) is made and entered into as of [Month Day, Year], by and between [Your Company Name] (the “Agency”), with a principal place of business at [Your Company Address] and [Client Name] (the “Client”), with a principal place of business at [Client Address]. The Agency and the Client are collectively referred to as the “Parties” or individually as a “Party.”
1. Purpose
The purpose of this Contract is to outline the terms and conditions under which the Agency will provide comprehensive social media marketing services to the Client. The goal is to enhance the Client’s online presence, engage target audiences, and drive business objectives through strategic social media efforts.
2. Scope of Services
2.1 Service Description
The Agency agrees to provide the following services (the “Services”):
Social Media Strategy Development: Creation of a detailed social media strategy tailored to the Client’s business goals, target audience, and industry trends.
Content Creation: Development of high-quality, engaging content including graphics, videos, and text for various social media platforms.
Social Media Management: Daily management of the Client’s social media profiles, including posting content, engaging with followers, and managing community interactions.
Advertising Campaigns: Design and execution of paid social media advertising campaigns, including ad copy creation, targeting, and budget management.
Analytics and Reporting: Provision of regular performance reports detailing metrics such as engagement, reach, impressions, and conversion rates. Insights and recommendations for ongoing improvement will also be provided.
Reputation Management: Monitoring and responding to social media reviews and mentions to manage and enhance the Client’s online reputation.
2.2 Additional Services
Any services not explicitly listed above but required for the effective execution of the social media strategy shall be considered additional services and will be billed separately. These may include, but are not limited to, influencer partnerships, advanced analytics, and bespoke content creation.
2.3 Exclusions
The Agency will not be responsible for:
Website development, design, or maintenance.
Offline marketing activities or print media.
Legal compliance issues related to social media advertising, unless explicitly included in the scope of work.
3. Term and Termination
3.1 Term
This Contract will commence on [Month Day, Year] and will remain in effect until [Month Day, Year] unless extended or terminated in accordance with the provisions herein.
3.2 Termination
Either Party may terminate this Contract by providing [0] days’ written notice to the other Party. Upon termination, the Client will be responsible for payment of all Services rendered up to the date of termination. The Agency will provide a final report summarizing the work completed and any outstanding deliverables.
4. Compensation
4.1 Fees
The Client agrees to pay the Agency the following fees:
Monthly Retainer: $[0] per month, payable in advance on the [15th] of each month.
Additional Services: Fees for any services outside the initial scope will be agreed upon in writing and billed separately.
4.2 Payment Terms
Invoices will be issued monthly and are due within [0] days of receipt. Payments made after [0] days will incur a late fee of [0]% per month.
5. Confidentiality
5.1 Confidential Information
Both Parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the term of this Contract. This includes business strategies, marketing plans, and customer data.
5.2 Exceptions
Confidential information does not include information that:
Is publicly available through no fault of the receiving Party.
Was known to the receiving Party prior to disclosure.
Is disclosed by a third party without breach of confidentiality obligations.
6. Intellectual Property
6.1 Ownership
All materials created by the Agency for the Client, including content, graphics, and strategic documents, will be the exclusive property of the Client upon full payment. The Agency retains the right to use such materials in its portfolio and for promotional purposes, unless otherwise agreed in writing.
6.2 Licensing
The Client grants the Agency a non-exclusive, royalty-free license to use the Client’s trademarks, logos, and other intellectual property solely for the purpose of providing the Services.
7. Warranties and Representations
7.1 Agency Warranties
The Agency warrants that it will perform the Services in a professional manner, consistent with industry standards, and in accordance with the Client’s objectives as outlined in the agreed-upon strategy.
7.2 Client Warranties
The Client warrants that all information and materials provided to the Agency are accurate, lawful, and do not infringe upon the intellectual property rights of third parties.
8. Indemnification
8.1 Agency Indemnification
The Agency agrees to indemnify, defend, and hold harmless the Client from any claims, damages, liabilities, or expenses arising from the Agency’s breach of this Contract, including any negligence or willful misconduct.
8.2 Client Indemnification
The Client agrees to indemnify, defend, and hold harmless the Agency from any claims, damages, liabilities, or expenses arising from the Client’s use of the Services or any breach of third-party intellectual property rights.
9. Limitation of Liability
Except for liability arising from gross negligence or willful misconduct, neither Party shall be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits or data, even if such damages were foreseeable.
10. Dispute Resolution
10.1 Negotiation
In the event of any dispute, the Parties agree to attempt to resolve the matter through good-faith negotiations.
10.2 Mediation
If negotiations fail, the Parties agree to seek resolution through mediation before pursuing any legal remedies.
10.3 Governing Law
This Contract will be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
11. Miscellaneous
11.1 Entire Agreement
This Contract represents the entire agreement between the Parties and supersedes all prior discussions, agreements, or understandings, whether written or oral, related to the subject matter of this Contract.
11.2 Amendments
No amendment or modification of this Contract shall be valid unless made in writing and signed by both Parties.
11.3 Severability
If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
11.4 Force Majeure
Neither Party shall be liable for any failure to perform its obligations under this Contract due to events beyond its reasonable control, including but not limited to natural disasters, war, or other acts of God.
IN WITNESS WHEREOF, the Parties have executed this Social Media Marketing Contract as of the day and year first above written.
[Your Company Name]
By:
[Your Name]
[Title]
[Month Day, Year]
[Client Name]
By:
[Full Name]
[Title]
[Month Day, Year]
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