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Digital Agency Agreement

Digital Agency Agreement Template for New Zealand

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Key Requirements PROMPT example:

Digital Agency Agreement

"I need a Digital Agency Agreement for my Auckland-based e-commerce company engaging a digital marketing agency to manage our social media presence and online advertising campaigns starting March 2025, with specific provisions for performance metrics and content approval processes."

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Document background
The Digital Agency Agreement serves as the primary contractual document governing the relationship between digital service providers and their clients in New Zealand. This agreement is essential when businesses engage professional digital agencies to manage their online presence, digital marketing, website development, or social media activities. The document incorporates requirements from New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Fair Trading Act 1986. It provides comprehensive coverage of service scope, deliverables, intellectual property rights, data protection, performance metrics, and payment terms. The agreement is designed to protect both parties' interests while ensuring clarity in service delivery expectations and compliance with relevant digital commerce regulations.
Suggested Sections

1. Parties: Identification of the Digital Agency and the Client, including their legal names, company numbers, and registered addresses

2. Background: Context of the agreement, brief description of the agency's business, and the client's requirements

3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical and digital marketing terminology

4. Scope of Services: Detailed description of digital services to be provided, including but not limited to digital marketing, web development, content creation, and social media management

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

6. Fees and Payment: Pricing structure, payment terms, invoicing schedule, and late payment consequences

7. Client Obligations: Client's responsibilities, including provision of materials, approvals, and timely feedback

8. Agency Obligations: Agency's commitments, service levels, and performance standards

9. Intellectual Property Rights: Ownership and licensing of created content, pre-existing IP, and final deliverables

10. Confidentiality: Protection of confidential information and trade secrets for both parties

11. Data Protection and Privacy: Compliance with Privacy Act 2020 and data handling procedures

12. Warranties and Indemnities: Guarantees provided by both parties and protection against claims

13. Limitation of Liability: Caps on liability and excluded losses

14. General Provisions: Standard clauses including notices, assignment, governing law, and dispute resolution

Optional Sections

1. Service Level Agreement: Detailed performance metrics and response times, recommended for larger projects or ongoing services

2. Third-Party Services: Terms relating to third-party tools, platforms or services used in delivery, needed when external services are integral to delivery

3. International Data Transfers: Provisions for cross-border data transfers, required when serving international clients or using overseas suppliers

4. Change Management: Process for managing changes to scope or services, recommended for complex or long-term engagements

5. Agency Team: Key personnel provisions and replacement procedures, useful for larger projects with dedicated teams

6. Success Metrics: KPIs and performance measurement criteria, recommended for performance-based contracts

7. Crisis Management: Procedures for handling social media or digital crises, important for social media management services

8. Content Approval Process: Detailed workflow for content approval, recommended for content creation services

Suggested Schedules

1. Schedule 1: Services Description: Detailed breakdown of specific digital services to be provided

2. Schedule 2: Fee Schedule: Detailed pricing, including rate cards, project fees, and additional costs

3. Schedule 3: Service Levels: Specific performance metrics, response times, and service standards

4. Schedule 4: Technical Requirements: Technical specifications, platforms, and tools to be used

5. Schedule 5: Brand Guidelines: Client's branding requirements and guidelines

6. Appendix A: Project Timeline: Detailed project milestones and delivery dates

7. Appendix B: Approved Third-Party Tools: List of approved software, platforms, and tools

8. Appendix C: Key Personnel: Details of key team members and their roles

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions







































Clauses









































Relevant Industries

Technology

Marketing and Advertising

E-commerce

Retail

Professional Services

Media and Entertainment

Financial Services

Healthcare

Education

Tourism and Hospitality

Real Estate

Manufacturing

Non-profit Organizations

Relevant Teams

Legal

Marketing

Digital

Procurement

Finance

Operations

Compliance

Information Technology

Business Development

Client Services

Project Management

Relevant Roles

Chief Marketing Officer

Digital Marketing Manager

Marketing Director

Business Development Manager

Chief Technology Officer

Procurement Manager

Legal Counsel

Contract Manager

Digital Agency Director

Project Manager

Account Manager

Operations Manager

Finance Manager

Compliance Officer

Marketing Coordinator

Digital Strategy Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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