Marketing Consultant Contract Template for Nigeria

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Key Requirements PROMPT example:

Marketing Consultant Contract

"I need a Marketing Consultant Contract for hiring a digital marketing specialist to manage our company's social media presence and online advertising campaigns for 12 months starting January 2025, with monthly performance reviews and the possibility of subcontracting specific technical tasks."

Document background
The Marketing Consultant Contract is essential for businesses in Nigeria seeking to engage professional marketing expertise while maintaining clear legal parameters. This document is typically used when a company requires external marketing services but prefers a consulting arrangement rather than direct employment. The contract ensures compliance with Nigerian business laws, including the Advertising Practitioners Council of Nigeria (APCON) regulations, and addresses crucial elements such as scope of work, compensation, intellectual property rights, and confidentiality. It's particularly important in the Nigerian market where marketing consultancy is growing rapidly and businesses need to protect their interests while engaging external expertise. The agreement can be customized for various consulting arrangements, from short-term projects to ongoing advisory relationships, while maintaining its enforceability under Nigerian law.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the client and the marketing consultant

2. Background: Outlines the context of the agreement and the parties' intention to enter into a consulting relationship

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Services: Detailed description of the marketing consulting services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination by either party

6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures

7. Obligations of the Consultant: Key responsibilities and commitments of the marketing consultant

8. Obligations of the Client: Client's responsibilities including providing necessary information and resources

9. Intellectual Property Rights: Ownership and usage rights of marketing materials and creative works

10. Confidentiality: Protection of confidential information and trade secrets

11. Independent Contractor Status: Clarification that the relationship is one of independent contractor, not employment

12. Representations and Warranties: Assertions about capabilities, qualifications, and authority to enter into the agreement

13. Limitation of Liability: Limits on consultant's liability and indemnification provisions

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. Governing Law: Specification that Nigerian law governs the agreement

16. Dispute Resolution: Process for resolving disagreements between parties

Optional Sections

1. Non-Compete: Restrictions on consultant's work with competitors, used when sensitive market information is involved

2. Data Protection: Specific provisions for handling personal data, required when marketing activities involve data collection

3. Performance Metrics: Specific KPIs and success metrics, useful for performance-based arrangements

4. Subcontracting: Terms for engaging subcontractors, needed if consultant may delegate work

5. Insurance: Requirements for professional liability insurance, important for high-value or high-risk projects

6. Marketing Budget Management: Terms for handling client's marketing budget, needed if consultant manages expenditure

7. Social Media Management: Specific terms for social media account access and management

8. Crisis Management: Procedures for handling marketing-related crises or reputation issues

Suggested Schedules

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

2. Schedule B - Fee Structure: Detailed breakdown of fees, payment milestones, and expense categories

3. Schedule C - Key Personnel: List of key consultant team members and their roles

4. Schedule D - Client Materials: List of materials and resources to be provided by the client

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

6. Appendix 1 - Service Level Agreement: Specific performance standards and response times

7. Appendix 2 - Compliance Requirements: Specific APCON and other regulatory requirements applicable to the services

8. Appendix 3 - Reporting Templates: Standard formats for progress reports and performance metrics

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

Retail

E-commerce

Financial Services

Technology

Healthcare

Manufacturing

Real Estate

Hospitality

Education

Telecommunications

Consumer Goods

Entertainment

Professional Services

Non-profit Organizations

Agriculture

Energy

Relevant Teams

Legal

Marketing

Procurement

Business Development

Operations

Finance

Communications

Brand Management

Digital Marketing

Contract Administration

Executive Leadership

Project Management

Relevant Roles

Marketing Director

Chief Marketing Officer

Business Development Manager

Brand Manager

Marketing Manager

Marketing Consultant

Digital Marketing Specialist

Communications Director

Legal Counsel

Procurement Manager

Contract Manager

Chief Executive Officer

Operations Manager

Project Manager

Marketing Strategist

Content Marketing Manager

Industries
Nigerian Contract Law (Contract Act): Fundamental legislation governing contract formation, terms, conditions, and enforcement in Nigeria. Essential for establishing the basic framework of the consulting agreement.
Independent Contractor Regulations: Laws distinguishing between employees and independent contractors, crucial for properly structuring the consulting relationship and avoiding misclassification.
Advertising Practitioners Council of Nigeria (APCON) Act: Regulates advertising practice and marketing communications in Nigeria. Essential for ensuring compliance with marketing standards and professional requirements.
Nigeria Data Protection Regulation (NDPR): Governs the collection, processing, and storage of personal data. Relevant for marketing activities involving customer data and digital marketing campaigns.
Copyright Act: Protects intellectual property rights, crucial for marketing materials, content creation, and creative works produced during the consultancy.
Companies and Allied Matters Act (CAMA): Relevant for business registration requirements and corporate governance if the consultant operates as a registered business entity.
Value Added Tax Act: Governs VAT obligations for consulting services rendered in Nigeria.
Personal Income Tax Act: Relevant for tax obligations and withholding tax requirements for consulting services.
Consumer Protection Council Act: Ensures marketing activities comply with consumer protection regulations and fair business practices.
Nigerian Communications Commission (NCC) Act: Relevant for digital marketing activities, especially those involving telecommunications and online communications.
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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