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Social Media Consultant Contract for Australia

Social Media Consultant Contract Template for Australia

An Australian-compliant contract designed to establish and govern the professional relationship between a social media consultant or agency and their client. This comprehensive agreement covers essential elements including scope of services, deliverables, performance metrics, content ownership, account access protocols, and confidentiality requirements. The document ensures compliance with relevant Australian legislation including privacy laws, consumer protection, and independent contractor regulations, while providing clear guidelines for social media management, crisis handling, and intellectual property rights.

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What is a Social Media Consultant Contract?

The Social Media Consultant Contract is essential for businesses engaging professional social media services in Australia. This document is designed to protect both parties' interests while ensuring compliance with Australian federal and state legislation, including the Independent Contractors Act 2006, Privacy Act 1988, and relevant consumer protection laws. It's particularly valuable for businesses seeking to formalize their social media management arrangements, whether with individual consultants or agencies. The contract includes comprehensive provisions for service delivery, content creation, account management, performance measurement, and crisis handling, while addressing crucial aspects such as data protection, intellectual property rights, and confidentiality. Use this document when engaging external social media expertise to ensure clear expectations, deliverables, and legal compliance.

What sections should be included in a Social Media Consultant Contract?

1. Parties: Identification of the consultant and the client, including ABN/ACN and registered addresses

2. Background: Context of the agreement and brief description of the parties' intention to engage in a social media consulting relationship

3. Definitions: Key terms used throughout the agreement, including platform-specific terminology and technical definitions

4. Scope of Services: Detailed description of social media consulting services to be provided, including platforms covered and specific responsibilities

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

6. Consultant's Obligations: Specific duties, commitments, and standards of service to be maintained by the consultant

7. Client's Obligations: Client responsibilities, including providing necessary access, information, and approvals

8. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing procedures

9. Intellectual Property Rights: Ownership of content, existing IP, created materials, and licensing arrangements

10. Confidentiality: Protection of sensitive information, trade secrets, and client data

11. Data Protection and Privacy: Compliance with Privacy Act and handling of personal information

12. Social Media Account Ownership: Clear designation of account ownership, access rights, and transfer procedures

13. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement

What sections are optional to include in a Social Media Consultant Contract?

1. Performance Metrics: Specific KPIs and performance measurement criteria - include when the client requires specific measurable outcomes

2. Crisis Management: Procedures for handling social media crises and emergency response - important for high-profile clients or sensitive industries

3. Content Approval Process: Detailed workflow for content review and approval - necessary for clients requiring strict content control

4. Non-Compete Clause: Restrictions on working with competing clients - include for specialized industries or upon client request

5. Insurance Requirements: Specific insurance coverage requirements - important for enterprise clients or high-value contracts

6. Training and Knowledge Transfer: Provisions for training client's staff - include when knowledge transfer is part of the engagement

7. Subcontracting: Terms for engaging subcontractors - include when the consultant may need to delegate work

What schedules should be included in a Social Media Consultant Contract?

1. Schedule 1 - Service Level Agreement: Detailed breakdown of service levels, response times, and deliverables

2. Schedule 2 - Fee Schedule: Detailed pricing structure, including hourly rates, package pricing, and additional services

3. Schedule 3 - Platforms and Accounts: List of social media platforms, accounts to be managed, and access protocols

4. Schedule 4 - Content Calendar Template: Standard template for content planning and scheduling

5. Schedule 5 - Reporting Template: Format and frequency of performance reports and analytics

6. Appendix A - Brand Guidelines: Client's branding requirements and social media voice guidelines

7. Appendix B - Crisis Communication Protocol: Step-by-step procedures for managing social media crises

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

tiktok˰

Sector

Cost

Free to use

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