Agency Client Contract Template for Germany

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Key Requirements PROMPT example:

Agency Client Contract

"I need an Agency Client Contract for a digital marketing agency based in Berlin, providing social media management and content creation services to a multinational retail client, with specific provisions for content approval workflows and multi-language deliverables."

Document background
The Agency Client Contract serves as the foundational document for establishing professional service relationships in the German market. This document is essential when engaging an agency for professional services such as marketing, consulting, or creative work, providing a legally compliant framework under German law. It includes comprehensive provisions addressing service scope, deliverables, compensation, intellectual property rights, and data protection requirements, ensuring alignment with the German Civil Code (BGB) and Commercial Code (HGB). The contract is designed to protect both parties' interests while facilitating efficient collaboration and clear communication channels. Particularly important in the German context are the detailed specifications regarding data protection (GDPR compliance), liability limitations, and termination provisions, which reflect specific requirements of German commercial law.
Suggested Sections

1. Parties: Identification and details of the contracting parties (agency and client)

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided by the agency

5. Agency's Obligations: Key responsibilities and commitments of the agency

6. Client's Obligations: Key responsibilities and commitments of the client

7. Approval Process: Process for client review and approval of deliverables

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

9. Intellectual Property Rights: Ownership and licensing of work products and pre-existing materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling procedures

12. Term and Termination: Duration of agreement and termination provisions

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Force Majeure: Provisions for unforeseen circumstances and force majeure events

15. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices

Optional Sections

1. Non-Competition: Restrictions on working with competing clients, used when exclusivity is required

2. Performance Metrics: Specific KPIs and performance standards, used for performance-based arrangements

3. Subcontracting: Rules for engaging subcontractors, used when subcontracting is anticipated

4. International Services: Additional provisions for cross-border services, used for international arrangements

5. Agency Team: Key personnel commitments and replacement procedures, used when specific team members are crucial

6. Client Materials: Handling and usage of client-provided materials, used when significant client assets are involved

7. Compliance with Industry Standards: Specific industry compliance requirements, used for regulated industries

8. Crisis Management: Procedures for handling public relations crises, used for PR/marketing agencies

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed pricing, rate cards, and payment terms

3. Schedule 3 - Service Levels: Specific service level agreements and performance metrics

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors if applicable

6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and procedures

7. Appendix B - Brand Guidelines: Client's branding requirements and guidelines

8. Appendix C - Approval Forms: Standard forms for project approval processes

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
Clauses
Relevant Industries

Advertising and Marketing

Public Relations

Digital Services

Management Consulting

Creative Industries

Information Technology

Media and Entertainment

Professional Services

Retail

Financial Services

Healthcare

Manufacturing

Real Estate

Telecommunications

Relevant Teams

Legal

Procurement

Finance

Operations

Business Development

Account Management

Project Management

Creative

Marketing

Compliance

Risk Management

Information Technology

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Procurement Manager

Contract Manager

Account Director

Project Manager

Business Development Manager

Finance Director

Operations Manager

Creative Director

Marketing Manager

Compliance Officer

Risk Manager

Data Protection Officer

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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