Advertising Service Agreement Template for Australia

The Advertising Service Agreement is a vital legal document used when businesses engage professional advertising services in Australia. This agreement type is essential for establishing clear terms between advertising agencies and their clients, ensuring compliance with Australian advertising standards, consumer protection laws, and privacy regulations. The document typically covers comprehensive service specifications, payment structures, intellectual property rights, and performance expectations. It's particularly important in the current digital age where advertising spans multiple channels and requires careful consideration of data protection and online advertising regulations. The agreement should be tailored to reflect specific Australian jurisdictional requirements while protecting both parties' interests in the advertising relationship.

1. Parties: Identification of the advertising agency and the client, including full legal names, ABNs, and registered addresses

2. Background: Context of the agreement, including brief description of the client's business and their advertising needs

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

4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, channels, and campaign parameters

5. Agency Obligations: Specific responsibilities of the advertising agency, including campaign development, execution, and reporting

6. Client Obligations: Client's responsibilities, including providing materials, approvals, and timely feedback

7. Approval Process: Steps and timeframes for client review and approval of advertising materials

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

9. Intellectual Property Rights: Ownership and licensing of creative materials, existing IP, and campaign outputs

10. Confidentiality: Protection of confidential information exchanged during the service relationship

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Warranties and Indemnities: Guarantees regarding service quality and indemnification provisions

13. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution