Sales And Marketing Services Agreement Template for England and Wales

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Key Requirements PROMPT example:

Sales And Marketing Services Agreement

"I need a Sales And Marketing Services Agreement for my tech startup to engage a digital marketing agency to handle our social media presence and lead generation, with specific KPIs for customer acquisition and a monthly retainer fee structure starting from January 2025."

Document background
The Sales And Marketing Services Agreement is essential for businesses operating in England and Wales who are either providing or receiving professional marketing and sales services. This agreement is particularly relevant in today's digital age where marketing services often involve multiple channels and complex data protection requirements. It establishes clear expectations regarding service delivery, performance metrics, and compliance with UK marketing regulations while protecting both parties' intellectual property and confidential information. The document is structured to comply with English law and includes provisions for GDPR compliance, electronic commerce regulations, and consumer protection requirements.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of marketing and sales services to be provided

5. Payment Terms: Fees, payment schedule, and invoicing requirements

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

7. Obligations of the Parties: Responsibilities and commitments of each party

8. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

9. Confidentiality: Protection of confidential information

10. Data Protection: Compliance with GDPR and data protection laws

Optional Sections

1. Service Levels: Specific performance metrics and standards - include when measurable targets are required

2. Territory: Geographic scope of services - include when services are limited to specific regions

3. Non-Compete: Restrictions on working with competitors - include when exclusivity is required

4. Insurance: Required insurance coverage - include when specific insurance requirements exist

5. Force Majeure: Provisions for unforeseeable circumstances - include for long-term commitments

Suggested Schedules

1. Schedule 1 - Service Description: Detailed breakdown of services to be provided

2. Schedule 2 - Fee Schedule: Detailed pricing structure and payment terms

3. Schedule 3 - Service Levels: Performance metrics and KPIs

4. Schedule 4 - Approved Marketing Materials: Pre-approved content and branding guidelines

5. Schedule 5 - Data Processing Agreement: GDPR compliance details and data handling procedures

6. Schedule 6 - Contact Details: Key personnel and communication protocols

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 Industries
Relevant Teams
Relevant Roles
Industries

Consumer Rights Act 2015: Primary legislation governing consumer rights, particularly relevant if the marketing and sales activities involve B2C transactions

Sales of Goods Act 1979: Fundamental legislation governing the sale of goods in England and Wales, defining contractual obligations in sales transactions

Supply of Goods and Services Act 1982: Legislation governing contracts for the supply of services, including implied terms about quality of service

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract

Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers, including misleading marketing

Business Protection from Misleading Marketing Regulations 2008: Regulates comparative advertising and prevents misleading marketing between businesses

Privacy and Electronic Communications Regulations 2003: Governs electronic marketing communications, including rules about consent for email marketing and cookies

UK GDPR and Data Protection Act 2018: Regulates the processing of personal data, including for marketing purposes

Competition Act 1998: Prohibits anti-competitive behavior and agreements between businesses

Enterprise Act 2002: Provides framework for competition law and consumer protection

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, providing detailed rules for marketing communications

Employment Rights Act 1996: Governs employment relationships if service provider employs staff to deliver services

Agency Workers Regulations 2010: Regulates the use of temporary and agency workers in service delivery

Electronic Commerce (EC Directive) Regulations 2002: Governs electronic commerce and online business activities

Bribery Act 2010: Regulates anti-bribery and corruption measures in business relationships

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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