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Social Media Agency Contract Template for Hong Kong

This document is a comprehensive service agreement governed by Hong Kong law, designed to establish and regulate the relationship between a social media agency and its client. It outlines the scope of social media management services, content creation, campaign execution, and performance metrics while ensuring compliance with Hong Kong's data protection, intellectual property, and digital communication laws. The agreement includes detailed provisions for service delivery, content approval processes, intellectual property rights, confidentiality, and data protection, specifically tailored to the digital marketing landscape in Hong Kong's business environment.

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What is a Social Media Agency Contract?

The Social Media Agency Contract serves as a crucial legal framework for businesses engaging professional social media management services in Hong Kong. This document is essential when companies seek to outsource their social media presence to specialized agencies, requiring a formal agreement that protects both parties' interests while ensuring compliance with Hong Kong's legal requirements. The contract covers comprehensive service specifications, intellectual property rights, data protection obligations under the PDPO, content approval workflows, and performance metrics. It's particularly relevant in today's digital-first business environment where social media presence is crucial for brand building and customer engagement. The agreement should be used when establishing new agency relationships or formalizing existing social media management arrangements, providing clear guidelines for service delivery, payment terms, and dispute resolution mechanisms.

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

1. Parties: Identification of the Agency and the Client, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, brief description of the Agency's business, and Client's requirements for social media services

3. Definitions: Definitions of key terms used throughout the agreement, including 'Services', 'Deliverables', 'Content', 'Platform', 'Campaign'

4. Scope of Services: Detailed description of social media services to be provided, including platform management, content creation, and campaign execution

5. Agency Obligations: Key responsibilities and commitments of the Agency, including service standards, reporting requirements, and response times

6. Client Obligations: Client's responsibilities, including providing necessary materials, approvals, and access to accounts

7. Content Creation and Approval: Process for content creation, approval workflows, and revision cycles

8. Intellectual Property Rights: Ownership and licensing of created content, existing IP, and usage rights

9. Data Protection and Privacy: Compliance with PDPO and handling of personal data, including social media audience data

10. Fees and Payment Terms: Service fees, payment schedule, expenses, and late payment consequences

11. Term and Termination: Contract duration, renewal terms, and termination provisions

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

13. Warranties and Indemnities: Agency's service warranties and mutual indemnification provisions

14. Limitation of Liability: Caps on liability and exclusions of certain types of damages

15. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement

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

1. Service Level Agreement: Detailed performance metrics and response times, recommended for larger campaigns or retainer arrangements

2. Crisis Management: Procedures for handling social media crises or reputation management issues

3. Influencer Engagement: Terms for managing influencer relationships and campaigns, if applicable

4. International Operations: Additional provisions for cross-border social media management

5. Competitive Restrictions: Non-compete and exclusivity provisions, if required by either party

6. Analytics and Reporting: Detailed requirements for performance reporting and analytics

7. Training and Support: Terms for providing training to client's staff on social media management

8. White Labeling: Provisions for white-label services if the agency operates under client's brand

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

1. Schedule 1: Service Specifications: Detailed breakdown of social media services, platforms covered, and specific deliverables

2. Schedule 2: Fee Schedule: Comprehensive fee structure, including base fees, additional services, and expense policies

3. Schedule 3: Content Guidelines: Brand guidelines, content standards, and approval procedures

4. Schedule 4: Key Performance Indicators: Specific metrics and targets for measuring campaign success

5. Schedule 5: Personnel: Key team members and their roles in service delivery

6. Appendix A: Platform-Specific Requirements: Technical requirements and specifications for each social media platform

7. Appendix B: Compliance Checklist: List of regulatory requirements and compliance measures

8. Appendix C: Emergency Contact Protocol: Contact information and procedures for urgent situations

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Cost

Free to use

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