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Digital Marketing Contract

Digital Marketing Contract Template for South Africa

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Key Requirements PROMPT example:

Digital Marketing Contract

"I need a Digital Marketing Contract for my e-commerce startup to engage a marketing agency for social media management and SEO services, with specific KPIs for increasing online sales and website traffic."

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Document background
The Digital Marketing Contract serves as a crucial legal framework for businesses engaging digital marketing services in South Africa. This document is essential when a company wishes to outsource its digital marketing activities to a specialized agency or service provider. It outlines comprehensive terms covering various digital marketing services such as social media management, content creation, SEO, and online advertising campaigns. The contract ensures compliance with South African legislation, including POPIA, ECTA, and the Consumer Protection Act, while protecting both parties' interests through clear deliverables, performance metrics, and service level agreements. It's particularly relevant in today's digital-first business environment where online marketing plays a central role in business growth and customer engagement strategies.
Suggested Sections

1. Parties: Identification of the service provider (digital marketing 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 digital marketing arrangement

3. Definitions: Detailed definitions of terms used throughout the agreement, including technical digital marketing terminology

4. Scope of Services: Comprehensive description of digital marketing services to be provided, including specific platforms and channels

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Payment Terms: Fee structure, payment schedule, and billing procedures

7. Service Provider Obligations: Specific responsibilities of the digital marketing agency, including reporting and communication requirements

8. Client Obligations: Client's responsibilities, including provision of materials, approvals, and access to necessary accounts

9. Performance Metrics: Key performance indicators (KPIs) and measurement criteria for evaluating campaign success

10. Intellectual Property Rights: Ownership and usage rights for campaign materials, content, and creative works

11. Data Protection and Privacy: POPIA compliance requirements and data handling procedures

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

13. Warranties and Indemnities: Guarantees provided by both parties and protection against potential claims

14. General Provisions: Standard contractual clauses including notices, governing law, and dispute resolution

Optional Sections

1. Social Media Management: Specific terms for social media account management and content creation, used when social media services are part of the scope

2. Content Creation and Approval: Detailed process for content creation, review, and approval, included when content creation is a significant component

3. Search Engine Optimization: Specific terms for SEO services, included when SEO is part of the scope

4. Third-Party Platforms: Terms relating to the use of third-party marketing platforms or tools, included when specific platforms are crucial to service delivery

5. Influencer Marketing: Terms governing influencer engagement and management, included when influencer marketing is part of the scope

6. Crisis Management: Procedures for handling social media or digital marketing crises, included for high-risk or high-profile clients

7. Training and Knowledge Transfer: Terms for training client staff on digital marketing tools or strategies, included when training is part of the scope

Suggested Schedules

1. Schedule A - Service Level Agreement: Detailed performance metrics, response times, and service standards

2. Schedule B - Fee Schedule: Detailed breakdown of fees, payment structure, and any performance-based bonuses

3. Schedule C - Campaign Specifications: Technical specifications for different marketing campaigns and platforms

4. Schedule D - Approved Platforms and Tools: List of approved marketing platforms, tools, and software to be used

5. Schedule E - Reporting Templates: Standard templates for performance reporting and analytics

6. Appendix 1 - Data Processing Agreement: Detailed terms for POPIA compliance and data processing procedures

7. Appendix 2 - Brand Guidelines: Client's brand guidelines and requirements for marketing materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions







































Clauses



































Relevant Industries

Retail

E-commerce

Financial Services

Technology

Healthcare

Education

Professional Services

Entertainment

Tourism and Hospitality

Manufacturing

Real Estate

Non-profit Organizations

Consumer Goods

Telecommunications

Relevant Teams

Marketing

Legal

Procurement

Digital

Compliance

Communications

Brand Management

Business Development

Operations

Finance

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Brand Manager

Social Media Manager

Content Marketing Manager

Marketing Operations Manager

Legal Counsel

Procurement Manager

Business Development Manager

Agency Account Manager

Digital Strategy Director

E-commerce Manager

Communications Manager

Compliance Officer

Industries







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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