Digital Marketing Contract Template for Australia

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Key Requirements PROMPT example:

Digital Marketing Contract

"I need a Digital Marketing Contract for my e-commerce startup to engage a digital agency for managing our social media presence and SEO services across Australia, with specific provisions for performance-based fees and monthly reporting requirements, starting March 2025."

Document background
The Digital Marketing Contract is essential for businesses engaging professional digital marketing services in Australia. It is designed to protect both service providers and clients by clearly defining the scope of digital marketing services, deliverables, and success metrics while ensuring compliance with Australian legislation including the Privacy Act 1988, Spam Act 2003, and Australian Consumer Law. This contract type is particularly relevant in today's digital-first business environment, where companies increasingly rely on digital channels for marketing and customer engagement. The document includes comprehensive provisions for various digital marketing activities, data protection, intellectual property rights, and performance measurement, making it suitable for both small-scale digital marketing projects and complex, multi-channel campaigns.
Suggested Sections

1. Parties: Identification of the service provider (digital marketing agency) and the client, including ABN/ACN and registered addresses

2. Background: Context of the agreement and brief overview of the digital marketing services to be provided

3. Definitions: Definitions of key terms used throughout the agreement, including technical digital marketing terminology

4. Scope of Services: Detailed description of digital marketing services to be provided, including specific channels and activities

5. Term and Commencement: Duration of the agreement, including start date, end date, and renewal terms

6. Fees and Payment Terms: Pricing structure, payment schedule, and terms including any performance-based fees

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

8. Service Provider Obligations: Agency's commitments, including service levels, reporting, and performance standards

9. Intellectual Property Rights: Ownership and licensing of content, creative works, and campaign materials

10. Data Protection and Privacy: Compliance with Privacy Act and handling of customer data

11. Confidentiality: Protection of confidential information and trade secrets

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

13. Termination: Conditions for termination, notice periods, and consequences of termination

14. Dispute Resolution: Process for handling disputes and escalation procedures

15. General Provisions: Standard clauses including governing law, notices, and entire agreement

Optional Sections

1. Social Media Management: Specific terms for social media account management and content creation, used when social media services are included

2. SEO Services: Detailed terms for search engine optimization services, including rankings and optimization strategies

3. Content Creation and Approval: Specific processes for content creation, approval workflows, and revision cycles

4. Website Development and Maintenance: Terms for website updates and maintenance if included in services

5. Third-Party Platforms: Terms relating to use of third-party tools and platforms, including costs and access

6. Performance Marketing: Specific terms for paid advertising campaigns including budget management and performance metrics

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

8. International Marketing: Additional terms for cross-border marketing activities if applicable

Suggested Schedules

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

2. Schedule 2 - Fee Schedule: Detailed pricing structure, including rates for different services and payment milestones

3. Schedule 3 - Service Level Agreement: Performance standards, response times, and service level commitments

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

5. Schedule 5 - Key Performance Indicators: Detailed metrics and targets for measuring campaign success

6. Schedule 6 - Brand Guidelines: Client's branding requirements and guidelines for digital content

7. Appendix A - Reporting Templates: Standard templates for regular performance reporting

8. Appendix B - Approval Workflows: Documentation of content approval processes and timeframes

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Retail

E-commerce

Technology

Professional Services

Healthcare

Education

Financial Services

Real Estate

Hospitality

Manufacturing

Consumer Goods

Entertainment

Non-profit

Telecommunications

Relevant Teams

Marketing

Digital

Legal

Procurement

Business Development

Communications

Brand Management

Operations

Content Creation

Social Media

Analytics

Strategy

Agency Relations

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Marketing Coordinator

Social Media Manager

Content Marketing Manager

SEO Specialist

Digital Strategy Director

Brand Manager

Account Manager

Business Development Manager

Procurement Manager

Legal Counsel

Contracts Manager

Marketing Operations Manager

Agency Relations 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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