The Digital Marketing Services Contract is essential for businesses engaging professional digital marketing services in New Zealand. This document is designed to formalize the relationship between digital marketing service providers and their clients, clearly outlining the scope of services, deliverables, and responsibilities. It addresses crucial aspects such as digital content creation, social media management, SEO services, and online advertising campaigns while ensuring compliance with New Zealand's Privacy Act 2020, Fair Trading Act 1986, and relevant digital marketing regulations. The contract is particularly important in today's digital-first business environment, where clear terms and expectations for digital marketing services are essential for successful business relationships and risk management.
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1. Parties: Identifies the service provider and client with full legal names and details
2. Background: Context of the agreement and brief description of the parties' intention to enter into a digital marketing services arrangement
3. Definitions: Defines key terms used throughout the agreement including Digital Marketing Services, Deliverables, Marketing Materials, etc.
4. Services: Detailed description of digital marketing services to be provided, including scope and deliverables
5. Term and Timelines: Duration of the agreement and key delivery milestones
6. Fees and Payment: Payment terms, fee structure, invoicing, and payment schedules
7. Client Obligations: Client's responsibilities including providing content, approvals, and access to necessary accounts
8. Service Provider Obligations: Service provider's commitments, quality standards, and performance metrics
9. Intellectual Property: Ownership and licensing of marketing materials, content, and campaign assets
10. Data Protection and Privacy: Compliance with Privacy Act 2020 and data handling procedures
11. Confidentiality: Protection of confidential information and trade secrets
12. Termination: Conditions for termination and consequences
13. Liability and Indemnity: Limitation of liability and indemnification provisions
14. General Provisions: Standard clauses including governing law, notices, and dispute resolution
1. Performance Metrics and KPIs: Specific measurable targets and performance indicators - include when services are results-based
2. Social Media Management: Specific terms for social media account management - include when social media services are provided
3. Content Creation: Terms specific to content creation and approval processes - include when content creation is part of services
4. SEO Services: Specific terms for search engine optimization services - include when SEO is part of the package
5. Third-Party Platforms: Terms relating to use of third-party marketing platforms - include when using external marketing tools
6. Geographic Targeting: Specific provisions for targeted marketing in certain regions - include for location-specific campaigns
7. Agency of Record: Exclusive agency provisions - include when the agreement is for exclusive representation
8. Crisis Management: Procedures for handling social media or marketing crises - include for high-profile clients
1. Schedule 1 - Service Specifications: Detailed breakdown of specific digital marketing services and deliverables
2. Schedule 2 - Fee Schedule: Detailed pricing structure, rates, and payment milestones
3. Schedule 3 - KPI Metrics: Specific performance indicators and measurement criteria
4. Schedule 4 - Approved Platforms: List of approved marketing platforms and tools to be used
5. Schedule 5 - Brand Guidelines: Client's branding requirements and guidelines
6. Appendix A - Service Level Agreement: Detailed service levels and response times
7. Appendix B - Data Processing Agreement: Specific terms for handling personal data in compliance with Privacy Act 2020
8. Appendix C - Campaign Calendar: Planned marketing activities and timeline
Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Technology
Professional Services
Healthcare
Education
Hospitality
Financial Services
Real Estate
Manufacturing
Entertainment
Non-profit
Food and Beverage
Tourism
Automotive
Relevant Teams
Marketing
Digital
Legal
Procurement
Business Development
Operations
Communications
Brand Management
Content Creation
Social Media
Compliance
Finance
Strategy
Relevant Roles
Marketing Director
Digital Marketing Manager
Chief Marketing Officer
Business Development Manager
Marketing Coordinator
Social Media Manager
Content Marketing Manager
SEO Specialist
Legal Counsel
Procurement Manager
Contract Manager
Business Owner
Marketing Consultant
Agency Director
Operations Manager
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