The Digital Marketing Services Agreement is essential for businesses operating in Indonesia's growing digital economy. This document is used when a company engages a digital marketing service provider to manage their online presence, social media, content creation, SEO, or digital advertising campaigns. It ensures compliance with Indonesian regulations, particularly the ITE Law, data protection requirements, and advertising standards. The agreement is crucial for protecting both parties' interests by clearly defining service scope, deliverables, performance metrics, and compliance requirements while addressing specific challenges of the Indonesian digital marketing landscape, including local content restrictions and data localization requirements.
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1. Parties: Identification of the service provider and client, including their legal details and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement, including technical digital marketing terms
4. Scope of Services: Detailed description of digital marketing services to be provided, including specific channels and activities
5. Service Provider Obligations: Key responsibilities and commitments of the digital marketing agency
6. Client Obligations: Client's responsibilities, including provision of materials and approvals
7. Term and Timeline: Duration of the agreement and key delivery milestones
8. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
9. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and campaigns
10. Data Protection and Privacy: Compliance with Indonesian data protection laws and handling of personal data
11. Confidentiality: Protection of confidential information and trade secrets
12. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria
13. Termination: Conditions and procedures for ending the agreement
14. Dispute Resolution: Process for resolving disputes under Indonesian law
15. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Non-Competition: Restrictions on working with competing businesses - include when dealing with sensitive industries or competitive markets
2. Social Media Management: Specific terms for social media account management and ownership - include when social media services are part of the scope
3. Content Creation and Approval: Detailed process for content creation and approval - include when content creation is a major component
4. International Data Transfer: Provisions for cross-border data transfers - include when services involve international data processing
5. Influencer Marketing: Terms for engaging with influencers - include when influencer marketing is part of the services
6. Crisis Management: Procedures for handling social media or PR crises - include for high-profile clients or sensitive industries
7. Service Level Agreement (SLA): Detailed service levels and response times - include when specific performance metrics are crucial
1. Schedule A - Scope of Services: Detailed breakdown of digital marketing services, channels, and deliverables
2. Schedule B - Fee Schedule: Detailed pricing structure, including rate cards and payment milestones
3. Schedule C - Service Level Agreement: Specific performance metrics, response times, and service standards
4. Schedule D - Approved Platforms and Tools: List of authorized marketing platforms, analytics tools, and software
5. Schedule E - Reporting Templates: Standard formats for performance reports and analytics
6. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal data in compliance with Indonesian law
7. Appendix 2 - Content Guidelines: Brand guidelines, content standards, and approval processes
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