Social Media Agency Contract Template for Hong Kong

The Social Media Agency Contract serves as a crucial legal framework for businesses engaging professional social media management services in Hong Kong. This document is essential when companies seek to outsource their social media presence to specialized agencies, requiring a formal agreement that protects both parties' interests while ensuring compliance with Hong Kong's legal requirements. The contract covers comprehensive service specifications, intellectual property rights, data protection obligations under the PDPO, content approval workflows, and performance metrics. It's particularly relevant in today's digital-first business environment where social media presence is crucial for brand building and customer engagement. The agreement should be used when establishing new agency relationships or formalizing existing social media management arrangements, providing clear guidelines for service delivery, payment terms, and dispute resolution mechanisms.

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

2. Background: Context of the agreement, brief description of the Agency's business, and Client's requirements for social media services

3. Definitions: Definitions of key terms used throughout the agreement, including 'Services', 'Deliverables', 'Content', 'Platform', 'Campaign'

4. Scope of Services: Detailed description of social media services to be provided, including platform management, content creation, and campaign execution

5. Agency Obligations: Key responsibilities and commitments of the Agency, including service standards, reporting requirements, and response times

6. Client Obligations: Client's responsibilities, including providing necessary materials, approvals, and access to accounts

7. Content Creation and Approval: Process for content creation, approval workflows, and revision cycles

8. Intellectual Property Rights: Ownership and licensing of created content, existing IP, and usage rights

9. Data Protection and Privacy: Compliance with PDPO and handling of personal data, including social media audience data

10. Fees and Payment Terms: Service fees, payment schedule, expenses, and late payment consequences

11. Term and Termination: Contract duration, renewal terms, and termination provisions

12. Confidentiality: Protection of confidential information exchanged during the engagement

13. Warranties and Indemnities: Agency's service warranties and mutual indemnification provisions

14. Limitation of Liability: Caps on liability and exclusions of certain types of damages

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