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Social Media Agency Contract
"I need a Social Media Agency Contract for my retail fashion business to outsource our Instagram and TikTok management from March 2025, with clear content approval processes and performance metrics for growing our following."
1. Parties: Identification of the Agency and the Client, including their registered addresses and company registration numbers
2. Background: Context of the agreement and brief description of the parties' intention to enter into a social media management relationship
3. Definitions: Detailed definitions of terms used throughout the agreement, including platform-specific and technical terms
4. Appointment and Scope of Services: Details of the Agency's appointment and comprehensive description of social media services to be provided
5. Term and Termination: Duration of the agreement, renewal terms, and circumstances under which either party may terminate
6. Agency Obligations: Specific responsibilities and duties of the Agency, including content creation, posting schedules, and reporting
7. Client Obligations: Client's responsibilities, including providing timely feedback, access to necessary materials, and brand guidelines
8. Fees and Payment Terms: Detailed fee structure, payment schedule, and terms for additional services
9. Data Protection and Privacy: POPIA compliance requirements and data handling procedures
10. Intellectual Property Rights: Ownership and usage rights of content, existing IP, and newly created materials
11. Confidentiality: Protection of confidential information shared between parties
12. Performance Metrics: Key performance indicators and reporting requirements
13. Warranties and Indemnities: Guarantees provided by both parties and protection against claims
14. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution
1. Social Media Crisis Management: Procedures for handling social media crises and emergency response protocols - include when crisis management is specifically required by the client
2. Influencer Engagement: Terms governing the engagement of influencers - include when influencer marketing is part of the service offering
3. International Data Transfer: Provisions for cross-border data transfers - include when client has international operations or targeting international audiences
4. Content Approval Workflow: Detailed content approval process - include for clients requiring strict control over published content
5. Agency Team Dedication: Specifications about dedicated team members - include when client requires specific team members
6. Competitive Restrictions: Non-compete clauses and handling of competing clients - include when exclusivity is required
7. Training and Knowledge Transfer: Provisions for training client's staff - include when knowledge transfer is part of the service
8. White Labeling: Terms for white-label services - include when agency services are being resold under client's brand
1. Schedule A: Service Level Agreement: Detailed breakdown of service levels, response times, and performance standards
2. Schedule B: Fee Structure: Comprehensive breakdown of fees, including rate cards and additional service costs
3. Schedule C: Platforms and Channels: List of social media platforms covered and specific services for each platform
4. Schedule D: Brand Guidelines: Client's branding requirements and guidelines for social media presence
5. Schedule E: Reporting Templates: Templates and formats for regular performance reporting
6. Schedule F: Content Calendar Template: Structure and format for content planning and scheduling
7. Appendix 1: Data Processing Agreement: Detailed POPIA compliance procedures and data handling protocols
8. Appendix 2: Crisis Communication Protocol: Step-by-step procedures for handling social media crises
Authors
Agency
Applicable Laws
Approved Platforms
Authorized Personnel
Brand Guidelines
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Content
Content Calendar
Crisis Management Protocol
Data Protection Laws
Deliverables
Digital Assets
Effective Date
Emergency Response Protocol
Engagement
Fees
Force Majeure Event
Intellectual Property Rights
Key Performance Indicators
Operator
Performance Metrics
Personal Information
Platform Guidelines
Processing
Professional Services
Project Brief
Responsible Party
Response Time
Services
Service Level Agreement
Social Media Channels
Social Media Crisis
Social Media Platforms
Special Personal Information
Term
Territory
Third-Party Content
User-Generated Content
Working Hours
Term and Duration
Services
Fees and Payment
Service Levels
Performance Metrics
Data Protection
Privacy
Intellectual Property
Content Rights
Confidentiality
Non-Solicitation
Platform Access
Client Obligations
Agency Obligations
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Post-Termination
Crisis Management
Reporting
Audit Rights
Insurance
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Waiver
Competition
Relationship of Parties
Anti-Bribery
Compliance with Laws
Brand Protection
Content Approval
Emergency Response
Marketing and Advertising
Digital Media
E-commerce
Retail
Hospitality
Technology
Entertainment
Financial Services
Professional Services
Healthcare
Education
Non-profit Organizations
Manufacturing
Real Estate
Tourism
Marketing
Digital
Legal
Procurement
Communications
Compliance
Operations
Brand Management
Content Creation
Customer Service
Business Development
Risk Management
Marketing Director
Digital Marketing Manager
Social Media Manager
Brand Manager
Communications Director
Chief Marketing Officer
Legal Counsel
Procurement Manager
Business Development Manager
Account Manager
Content Manager
Compliance Officer
Data Protection Officer
Operations Manager
Chief Executive Officer
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