Before the creative discussion begins, certain legal technicalities such as confidentiality, idea ownership, fees, and non-compete clauses need to be addressed and negotiated. You need to ensure that a really solid legally documented confidentiality agreement and conditions, also be steadfast on the legal issues most important to your company.

I. Stay away from restrictive contracts

While contracts are important for protecting both the client and the agency, a good marketing company won’t try to lock you into a contract that doesn’t meet your needs. Many contracts will create a relationship that is longer or more restrictive than necessary. Plus, a company that has you locked into a contract may not be as diligent about impressing you with their results. You can expect a bad marketing company to really pick up their efforts about ten months into a one-year contract in the hopes that they can snag you for another year.

II. Be very clear with the deliverables

Avoid contracts that quote a fee without specifically mentioning the deliverables they’ll be providing.

  • What reports will you get from the agency?
  • How often will you get reports from the agency?
  • Will you get access to a live dashboard? (To monitor the performance of your campaigns)
  • Do you get an access to their project management software? This would give you transparency on the status of your works.
  • What about status meetings with your team?

III. Anatomy of a typical Agency – Client Agreement

A contract is essential to govern the provision of services to the Client by an Agency. Make sure that you have the provision to make amendments to the contract from time to time, of course with the consent of both parties. Note that in the event of any conflict between the parties, the terms of the Agreement shall control.

(i) Agency Obligations and deliverables

(ii) Client Obligations and deliverables

(iii) Confidential Information; Non-Solicitation

(iv) Rights, Ownership and Usage

(v) Approval of work

(vi)  Legal Clearances and Indemnification

(vii) Client Representative

(viii)  Liability of Agency

(ix) Additional Services, Project Changes

(x) Expenses

(xi)  Time of Payment and Late-Payment Charges

(xii)  Term and Termination

I hope this document is helpful and will hopefully serve as your checklist for choosing the right digital marketing agency for your business! All the  best! 🙂