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Marketing Services Agreement

As a freelancer or consultant providing marketing services, you have to tackle a number of administrative tasks, so that you can ensure your legal compliance. One of the common documents that you need to have when working with your customers is a marketing services agreement. 

This agreement covers the contractual obligations between you and the business to which you’re providing marketing services. It defines the activities you will undertake, as well as the timeframe for completion and the responsibilities of each party.

The agreement is the basic document which you can use to define scope, payment, and conditions of providing your marketing services.

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You can find out the essential details that a marketing service agreement should contain in the sections below.

1. The contents of a marketing services agreement

One of the basic elements that you need to include in the agreements that you sign with clients is the nature of the freelance work you will complete for them. For example, you have to note if you’re going to create a strategic marketing plan, a marketing analysis, or branded content. Then you have to clarify the exact scope that you’ve agreed on. 

Typically, this foundational document should also contain the quality standards that you and the client establish. By benchmarking to these standards the work you’ve completed, you can finalize a piece of work and have it officially accepted by the other party. 

The agreement would also usually provide definitions for each term that you are using to describe the services you will execute. Thus, you should note what both parties understand as the main task and the scope of the agreement, among others. 

Last but not least, your marketing services agreement has to set the terms of the contract between you and the client, as well as the ways for its termination. That’s what you can use as rules for cancellation. 

2. Responsibilities of the parties

The marketing services agreement should additionally contain the obligations that you take on as a consultant, as well as those of the other party. In your case, this would signify what type of work you will conduct and in what timeframe.  

The responsibilities of the client usually include that they have to provide you with the necessary information, so that you can complete your tasks. They may have to give you access to certain business documents or other types of insider knowledge. The client may also be obliged in the agreement to provide timely responses to your queries, or feedback at the different stages of completing the project. 

The client also is responsible to pay a certain remuneration for the freelance services that you will provide. The agreement should contain the amounts, as well as any expenses and fees that should be taken into account. It has to set the way that tax withholding will be handled. 

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3. Exclusivity clause and confidentiality

In some cases, you may want to impose an exclusivity clause on the client with whom you’re working. This means that the marketing services agreement will contain a section that obliges the other party to use only your marketing services for the duration of the contract. 

As a freelancer, you will have to judge on a case-by-case basis whether you need such a clause for each project you take on. It may be difficult to negotiate exclusivity with some clients. However, if it is essential for the success of your work, you have to communicate this clearly with prospects when you start the contractual negotiations. 

Additionally, the client may require that you include a confidentiality clause in the agreement. This may be necessary in order to protect sensitive business data. You will have to keep confidential the company’s knowhow, trade secrets, or other types of information that you’re given access to. 

4. Limited liability clauses

It’s good to think about your liability when providing freelance consulting services. The best way to make sure you will not be held responsible for unreasonable losses is to include a limited liability clause in the marketing services agreement. 

For example, if you are creating a marketing strategy for a client, the agreement should explicitly state that you cannot be held responsible if the strategy does not bring a specific financial result for the client. Otherwise, a disgruntled customer may sue you for losses, or similar causes. 

Get started with creating your marketing services agreement

Are you launching your activities as a freelancer or a marketing consultancy?

Then you should make sure that you duly settle each contractual work in a marketing services agreement. With the tips outlined above, you can make sure that you don’t miss anything important that the agreement should contain. 

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