Are you looking to create a social media management contract for your business? It is essential that you have a well-drafted social media management contract to protect you and your clients. But what should a social media contract include? How do you go about writing a client contract? In this blog post, we will take a look at the 7 essential things your social media contract MUST include in order for it to be effective and legally sound.
1) Scope of Services
When it comes to social media management contracts, it’s essential to clearly state the services that will be provided. Without a clear definition of the services you’re being hired to perform, you’ll have no means of protection if the client changes their mind or requests more services than originally agreed upon. It’s also important to make sure that the agreement is specific enough to allow for accurate invoicing and payment, which we’ll discuss more in the next section.
Without a clear definition of the services that will be provided, you could find yourself in a situation of “scope creep”. Scope creep occurs when the client continually adds additional services or tasks to the agreement without renegotiating the terms of the contract or compensating you for your additional work. Without a clearly defined scope of services in your social media management contract, this can happen more easily and make it difficult for you to get paid for all the work you’ve done.
To protect yourself from this, make sure to include a detailed description of the services to be provided in your social media management contract template or marketing agreement. This should include an outline of all the deliverables and tasks to be completed, as well as any expectations of the client with regard to communication or progress updates. This way, both parties will be on the same page when it comes to what is expected and how much you’ll be paid for your services.
2) Payment Terms
It’s important to include payment terms in any social media management contract template or social media marketing agreement. Without a clear statement of payment terms, you and your client may find yourselves in disagreements about how and when money should exchange hands.
If you don’t specifically state when and how much is due, you may experience delays in payments or even nonpayment. Not to mention the difficulty in collecting fees from clients who do not adhere to the original agreement.
When creating a social media management contract, it’s best to be as specific as possible. Outline the payment schedule, amount due, and accepted forms of payment. It’s also beneficial to have an established late fee policy should the client fall behind on payments. Having these details in writing ensures that everyone is on the same page from the get-go and creates a better relationship between you and your client.
3) Client Responsibilities
Making sure your clients understand their roles and responsibilities is essential. For instance, clients must provide the social media manager with access to their social media accounts in order to complete the tasks included in the contract. Additionally, clients must review the content for approval within a certain time frame in order to meet the deadlines outlined in the social media contract template or social media marketing agreement.
Clients should also be aware of any specific regulations or guidelines set forth by the relevant platform, such as Facebook or Instagram. Adhering to these platforms’ terms of service helps to eliminate any liability on the social media manager’s part in the event of client noncompliance.
4) Rights to Content
When it comes to social media management contracts, the rights to content are an important factor. It essentially boils down to who legally owns the copyright to the content produced under the contract. Unless this is addressed in the agreement, the social media manager would legally own the content as the party that created it.
For many reasons, the client will want to have rights to the content that’s produced and will want you to include a work-for-hire clause in the social media management agreement. With a work-for-hire clause, the copyright will be owned by the client, and they will have full control over all of the content produced. This ensures that the client can use any content produced as part of their own marketing and promotional efforts. It also ensures that the client will retain all rights to any content produced in the future should the contract be terminated for any reason.
5) Termination clause
A termination clause is a necessary part of any social media management contract, social media contract template, or social media marketing agreement. It is an agreement between the parties that outlines the conditions under which either party can terminate the agreement. A termination clause outlines the rights and obligations of both parties should one or both decide to terminate the contract.
It is important for both parties to clearly define the terms for terminating the contract in order to prevent any potential disputes should either party wish to terminate the contract. The terms of the termination clause should include what constitutes a breach of contract, the duration of notice given by either party, the payment of any outstanding services rendered, and the return of any materials and/or content produced during the course of the contract.
There are many reasons why a party may want to terminate a contract, such as changes in circumstances, lack of performance, or non-payment. Whatever the reason, it is important that both parties are aware of their rights and obligations in the event of termination. A clearly defined termination clause will help ensure that the process is handled fairly and efficiently.
A confidentiality clause, also known as a nondisclosure agreement (NDA), is an essential part of any social media management contract. It ensures that the confidential information exchanged between the two parties involved in the contract—the social media manager and their client—will remain confidential. This helps protect the client’s privacy, as well as the reputation of both the client and social media manager.
Examples of confidential information that should be included in a social media management contract include client lists, pricing, marketing strategies, contacts, proprietary information, private accounts, and other sensitive information. In addition, it should also specify what can and cannot be shared with third-parties.
As such, it’s important for businesses to ensure that a comprehensive confidentiality clause is included in their social media contract template or social media marketing agreement to protect both parties. This clause should include clear language regarding what is considered confidential, who is responsible for safeguarding the information, and what measures need to be taken to maintain confidentiality. Additionally, the consequences of disclosing confidential information should also be outlined in the agreement.
7) Choice of law & Dispute Resolution
Choosing the governing law for a social media management contract is an important step in making sure the agreement is legally binding. By specifying a certain law, any disputes that may arise can be resolved according to the laws of that jurisdiction. This is beneficial for both parties, as it helps them avoid lengthy legal processes and expensive litigation costs.
For example, if you are signing a social media marketing agreement with someone from another state or country, it’s important to outline which law applies to the contract. This way, any misunderstandings or disagreements can be addressed in accordance with the law that was chosen in the agreement.
The choice of law provision should also include information about how any disputes will be resolved. There are several different types of dispute resolution such as mediation, arbitration, or negotiation. Depending on the nature of the agreement, one or more of these methods may be more suitable than others. It’s important to outline the preferred method of dispute resolution in the social media contract template to ensure that the parties understand how issues will be addressed.
By including a choice of law and dispute resolution clause in your social media management contract, you can protect yourself and your business from costly legal fees and lengthy court battles. Furthermore, specifying the governing law and resolving disputes can help maintain good relationships between parties and ensure that all involved adhere to their obligations under the agreement.
Hopefully, you now have a better idea of what to include in your social media management contract to protect you and your clients. You can download our easily editable, lawyer-drafted Social Media Management Contract Template to clearly outline the terms of your social media management services and start working with clients in a professional way. Each of our contract templates at Boss Contract Society comes with a lawyer-guided instruction video to help ensure your contract template is legally sound and enforceable.