When heading out into the world of marketing to promote your digital marketing services, it is of the utmost importance to create a perfectly written marketing agreement engineered to close more sales and give yourself more choice of clients.
If you're looking to learn how to write the perfect marketing contract to attract and nurture customers and neutralize any competitors, you have come to the right place.
In this guide, you will learn how to make a marketing contract template and why it is necessary to build a strong business relationship with your dream customer.
Proposals are a critical part of any business whether you're a marketing professional or social media marketing expert - you'll need to have an editable marketing agreement template to maximize your client base.
Creating a proposal template with best practices in mind can seem daunting, especially when you are new to the game and haven't written a proposal before.
A marketing agreement template is a marketing proposal document of the services you want to offer to potential clients. For example, your agency wants to promote a clients business to boost sales by marketing their product online, which you receive payment for the work undertaken.
The agreement is a binding contract for the specified services that both parties agree on. Let's say you agree, to create 10 campaigns a month that will bring more leads for that client, and the agreed rate is $2000 a month.
The contract should show:
As a marketing consultant, you often need many touchpoints with a prospective client before they’re comfortable contracting you for your expertise and marketing materials.
As the year of 2021 is starting, and the marketing business is booming, you will need a marketing agreement that will create clarity for both parties.
Professionally written proposals also say to your potential client that you are serious and professional about your work. It helps you set expectations with your client.
A marketing agreement makes sure all parties are accountable, making for a productive working relationship.
Here's what marketers should include when writing their proposals;
This is the foundations of your marketing proposal. Here you will summarize in detail the scope of work to be undertaken as part of the marketing agreement.
A project timeline is a time-frame of the scheduled work between either party. Say you agreed with the client to make a social media campaign every week or to make 5 posts a day on the client's company page. This marketing plan needs to be outlined and completed by the given agreement terms.
Here you will need to create elements of trust. As advertising on behalf of the client, most assets you will be working with as a marketing agency will be owned by the clients business.
Provide a list of the owned assets in the marketing proposal. That will give the client confidence that you will not undertake any tasks on any assets, not in the agreement.
This part will explain the payment terms. Clarifying at which stage of the contract you will be paid for the agreed completed work.
Payments can be made at the end of each month, partial payment at the start of the marketing agreement, or after a milestone has been accomplished on the project. Once the payment schedule details have been ironed out with the client, it needs to be outlined in the contract as clearly as possible.
As the marketing consultant, you may have a proprietary process for any work you wish to undertake which involves sensitive information. The client may also request confidentiality for private intellectual property or information about customers or employees that they want to remain private.
Proprietary information covers stuff like trade secrets or other confidential information the company might not want to disclose.
This is where the terms and conditions of the marketing agreement go. All business contracts have to end at some point and discussing the options each party has for terminating the contract should be provided in case something goes wrong.
For example, if there are any issues with prior agreements made in the contract which the marketer or client did not uphold.
It is always a great idea to set expectations so both parties can repose knowing their options if circumstances change in the agreement.
All marketing agreements can be terminated if there has been a breach of contract responsibilities.
For example, if one of the parties is dissatisfied with the services provided, which were agreed before the contract proposal commenced.
A dispute resolution plan can be negotiated, which would indicate a formal written notice of all issues to be amended or for the marketing agreement to be terminated.
Yes, as a marketer that does your advertising, public relations and promotions. A marketing agreement contract is vital for getting being paid for the scope of duties performed.
It legally binds both parties to information agreed in the written contract so neither party gets any unwanted surprise, like not getting paid by the client or the marketer using confidential information about the company without permission.
Without the written agreement, the client may use another marketing firm at the same time. Whereas with a contract you can state that no other marketer consultant or firm will be used, during the time-frame of the written agreement. Don't forget to sign your contract to make it official. If you need to sign it electronically, check out our guide on how to insert signature in Word and how to digitally sign a PDF.
A verbal contract (formally called an oral contract) refers to an agreement between two parties that's made —you guessed it— verbally.
Formal contracts, like those between an employee and an employer, are typically written down. However, some professional transactions take place based on verbally agreed terms.
Freelancers are a good example of this. Often, freelancers will take on projects having agreed on the terms and payment via the phone, or an email. Unfortunately, sometimes clients don't pull through on their agreements, and hardworking freelancers can find themselves out of pocket and wondering whether a legal battle is worth all the hassle.
The main differences between written and oral contracts are that the former is signed and documented, whereas the latter is solely attributed to verbal communication.
Verbal contracts are a bit of a gray area for most people unfamiliar with contract law —which is most of us, right?— due to the fact that there's no physical evidence to support the claims made by the implemented parties.
For any contract (written or verbal) to be binding, there are four major elements which need to be in place. The crucial elements of a contract are as follows:
Therefore, an oral agreement has legal validity if all of these elements are present. However, verbal contracts can be difficult to enforce in a court of law. In the next section, we take a look at how oral agreements hold up in court.
Most business professionals are wary of entering into contracts orally because they can difficult to enforce in the face of the law.
If an oral contract is brought in front of a court of law, there is increased risk of one party (or both!) lying about the initial terms of the agreement. This is problematic for the court, as there's no unbiased way to conclude the case; often, this will result in the case being disregarded. Moreover, it can be difficult to outline contract defects if it's not in writing.
That being said, there are plenty of situations where enforceable contracts do not need to be written or spoken, they're simply implied. For instance, when you buy milk from a store, you give something in exchange for something else and enter into an implied contract, in this case - money is exchanged for goods.
There are some types of contracts which must be in writing.
The Statute of Frauds is a legal statute which states that certain kinds of contracts must be executed in writing and signed by the parties involved. The Statute of Frauds has been adopted in almost all U.S states, and requires a written contract for the following purposes:
Typically, a court of law won't enforce an oral agreement in any of these circumstances under the statute. Instead, a written document is required to make the contract enforceable.
Contract law is generally doesn't favor contracts agreed upon verbally. A verbal agreement is difficult to prove, and can be used by those intent on committing fraud. For that reason, it's always best to put any agreements in writing and ensure all parties have fully understood and consented to signing.
Verbal agreements can be proven with actions in the absence of physical documentation. Any oral promise to provide the sale of goods or perform a service that you agreed to counts as a valid contract. So, when facing a court of law, what evidence can you provide to enforce a verbal agreement?
Unfortunately, without solid proof, it may be difficult to convince a court of the legality of an oral contract. Without witnesses to testify to the oral agreement taking place or other forms of evidence, oral contracts won't stand up in court. Instead, it becomes a matter of "he-said-she-said" - which legal professionals definitely don't have time for!
If you were to enter into a verbal contract, it's recommended to follow up with an email or a letter confirming the offer, the terms of the agreement , and payment conditions. The more you can document the elements of a contract, the better your chances of legally enforcing a oral contract.
Another option is to make a recording of the conversation where the agreement is verbalized. This can be used to support your claims in the absence of a written agreement. However, it's always best to gain the permission of the other involved parties before hitting record.
Fundamentally, most verbal agreements are legally valid as long as they meet all the requirements for a contract. However, if you were to go to court over one party not fulfilling the terms of the contract, proving that the interaction took place can be extremely taxing.
So, ultimately, the question is: written or verbal agreements?
Any good lawyer, contract law firm, or legal professional would advise you to make sure you formalize any professional agreement with a written agreement. Written contracts provide a secure testament to the conditions that were agreed and signed by the two parties involved. If it comes to it, a physical contract is much easier to eviden in legal circumstances.
Freelancers, in particular, should be aware of the extra security that digital contracts may provide. Many people choose to stick to executing contracts verbally because they're not sure how to write a contract, or they think writing out the contract terms is too complicated or requires expensive legal advice. However, this is no longer the case.
Today, we have a world of resources available at our fingertips. The internet is a treasure trove of invaluable information, platforms, and software that simplifies our lives. Creating, signing, and sending contracts has never been easier. What's more, you don't have to rely on a hiring a lawyer to explain all that legal jargon anymore.
There are plenty of tools available online for freelancers to use for guidance when drafting digital contracts. Tools like Bonsai provide a range of customizable, vetted contract templates for all kinds of freelance professionals. No matter what industry you're operating in, Bonsai has a professional template to offer.
A written contract makes the agreement much easier to prove the terms of the agreement in case something were to go awry. The two parties involved can rest assured that they're legal rights are protected, and the terms of the contract are sufficiently documented. Plus, it provides both parties with peace of mind to focus on the tasks at hand.
Bonsai's product suite for freelancers allows users to make contracts from scratch, or using professional templates, and sign them using an online signature maker.
With Bonsai, you can streamline and automate all of the boring back-office tasks that come with being a freelancer. From creating proposals that clients can't say no to, to sealing the deal with a professional contract - Bonsai will revolutionize the way you do business as a freelancer.
Why not secure your business today and sign up for a free trial?