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Digital Agency Contract Template for Germany

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Key Requirements PROMPT example:

Digital Agency Contract

"I need a Digital Agency Contract under German law for a full-service digital marketing campaign, including website development, social media management, and SEO services, with my company as the client and strict data protection requirements due to handling sensitive customer data."

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Document background
The Digital Agency Contract is essential for businesses engaging professional digital service providers in Germany. This document is specifically designed to comply with German legal requirements, including the Civil Code (BGB), Telemedia Act (TMG), and GDPR (DSGVO). It should be used when engaging a digital agency for services such as website development, digital marketing, social media management, or e-commerce solutions. The contract covers crucial elements including service scope, deliverables, intellectual property rights, data protection, performance metrics, and payment terms. It provides necessary protections for both parties while ensuring clarity in project execution and ongoing service delivery. The document is structured to accommodate various digital service types while maintaining compliance with German commercial and digital services regulations.
Suggested Sections

1. Parties: Identification of the Digital Agency and the Client, including full legal names, registration details, and addresses

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

3. Definitions: Detailed definitions of technical terms, service-related terminology, and contract-specific concepts

4. Scope of Services: Detailed description of digital services to be provided, including core deliverables and responsibilities

5. Project Timeline and Milestones: Specific timeframes, delivery dates, and project phases

6. Fees and Payment Terms: Pricing structure, payment schedule, invoicing terms, and late payment consequences

7. Client Obligations: Client's responsibilities, including provision of materials, approvals, and cooperation requirements

8. Intellectual Property Rights: Ownership and licensing of created works, including source code, designs, and content

9. Data Protection and Privacy: GDPR compliance measures, data processing terms, and privacy protection obligations

10. Confidentiality: Protection of business secrets, client information, and project details

11. Service Level Agreement: Performance standards, response times, and quality metrics

12. Acceptance and Testing: Procedures for deliverable acceptance, testing protocols, and revision processes

13. Warranty and Liability: Scope of warranties, limitation of liability, and indemnification provisions

14. Term and Termination: Contract duration, renewal terms, and termination conditions

15. General Provisions: Standard legal clauses including governing law, jurisdiction, and severability

Optional Sections

1. Social Media Management: Specific terms for social media account management and content creation services

2. Search Engine Optimization: Terms specific to SEO services, including performance metrics and reporting

3. Website Hosting: Terms for hosting services, including uptime guarantees and maintenance

4. E-Commerce Integration: Specific provisions for online store development and maintenance

5. Content Creation Services: Terms for ongoing content creation and content marketing services

6. Third-Party Integration: Terms governing integration with third-party services and APIs

7. Training and Support: Provisions for client training and ongoing technical support

8. Crisis Management: Procedures for handling digital crisis situations and emergency response

9. Compliance with Industry Standards: Additional compliance requirements for specific industries (e.g., financial services, healthcare)

Suggested Schedules

1. Schedule A - Scope of Work: Detailed technical specifications and service descriptions

2. Schedule B - Fee Schedule: Detailed pricing breakdown, rate cards, and payment milestones

3. Schedule C - Service Level Agreement Details: Comprehensive SLA metrics, penalties, and reporting requirements

4. Schedule D - Technical Requirements: Specific technical standards, platforms, and compatibility requirements

5. Schedule E - Project Timeline: Detailed project plan with milestones and dependencies

6. Schedule F - Approved Subcontractors: List of approved third-party vendors and their roles

7. Schedule G - Data Processing Agreement: Detailed GDPR-compliant data processing terms

8. Schedule H - Change Request Template: Standard format for requesting and approving changes to scope

9. Appendix 1 - Contact Details: Key personnel and escalation contacts for both parties

10. Appendix 2 - Acceptance Testing Procedures: Detailed testing protocols and acceptance criteria

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agency
Agreement
Acceptance Criteria
Acceptance Tests
Applicable Law
Approved Subcontractors
Business Day
Change Request
Client
Client Materials
Confidential Information
Data Protection Laws
Deliverables
Digital Assets
Digital Services
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Milestone
Personal Data
Project
Project Plan
Project Timeline
Service Credits
Service Level Agreement
Services
Source Code
Specifications
Statement of Work
Term
Third-Party Materials
User Acceptance Testing
Work Product
Website
Content Management System
Development Environment
Production Environment
Testing Environment
Response Time
Resolution Time
Maintenance Window
Emergency Maintenance
Service Hours
Support Services
Content
Digital Marketing Services
Social Media Services
Analytics Services
SEO Services
Clauses
Scope of Services
Service Level Agreement
Project Management
Deliverables
Acceptance Testing
Change Management
Payment Terms
Intellectual Property Rights
Data Protection
Confidentiality
Non-Solicitation
Warranties
Limitation of Liability
Force Majeure
Termination
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notice
Service Quality
Client Obligations
Agency Obligations
Performance Metrics
Reporting
Technical Requirements
Security Requirements
Hosting Services
Maintenance
Support Services
Content Rights
Third-Party Services
Compliance
Insurance
Audit Rights
Indemnification
Service Credits
Emergency Response
Documentation
Training
Exit Assistance
Relevant Industries

Technology

E-commerce

Retail

Financial Services

Healthcare

Manufacturing

Professional Services

Media and Entertainment

Education

Real Estate

Tourism and Hospitality

Automotive

Consumer Goods

Non-Profit Organizations

Relevant Teams

Legal

Procurement

Marketing

Digital

Information Technology

Operations

Finance

Compliance

Business Development

Project Management

Relevant Roles

Chief Digital Officer

Marketing Director

Procurement Manager

Legal Counsel

IT Director

Digital Marketing Manager

Project Manager

Chief Technology Officer

Chief Marketing Officer

Business Development Manager

Operations Manager

Compliance Officer

Finance Director

Contract Manager

Digital Transformation Lead

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Fundamental contract law provisions, especially §§ 611-630 concerning service contracts (Dienstvertrag) and work contracts (Werkvertrag)
Telemedia Act (Telemediengesetz - TMG): Regulates electronic information and communication services, including requirements for digital service providers
General Data Protection Regulation (GDPR/DSGVO): European and German data protection requirements for processing personal data in digital services
Copyright Act (Urheberrechtsgesetz - UrhG): Governs intellectual property rights for creative works, including digital content and software
Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Regulates fair competition and marketing practices, including digital advertising
Price Indication Regulation (Preisangabenverordnung - PAngV): Requirements for price transparency and disclosure in commercial communications
Value Added Tax Act (Umsatzsteuergesetz - UStG): Tax implications for digital services and electronic commerce
Distance Selling Act (Fernabsatzgesetz - integrated in BGB): Regulations regarding contracts concluded via distance communication means
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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