Digital Marketing Contracts

Digital Marketing Contracts – Context and Challenge 

Our client had been operating for 3 years using digital marketing contracts they had drafted themselves. They were growing rapidly, were in a position to be able to afford going to a law firm and now wanted things done properly. They knew that the contracts they were using weren’t great – not just that they didn’t protect them thoroughly, but also that the kinds of clients they were hoping to land may insist on documentation that was more comprehensive. 

Digital Marketing Contracts – Process and Insight

We spent time with our client at the outset to get a proper understanding of their business and what they wanted to achieve. We then discussed various options around the way we could structure the digital marketing contracts and services to their clients. As well as producing contracts that would cover the services our client was offering we also needed to make sure that they addressed data protection properly which involved looking at our client’s GDPR compliance.

At the outset our client was looking to combine all of the services into one contract. This is doable in certain circumstances but having provided alternative solutions to our client we came up with one that they felt was more elegant which involved splitting the services into 3 sets of terms and conditions.

Digital Marketing Contracts – Solution

Having understood our client’s business and having agreed with the client on how they wanted to do things, we then produced the digital marketing contracts for them. As referred to above, the client didn’t just want a solution that worked from a legal perspective, they wanted documentation that reflected their own brand and way of doing things. We went through a few rounds of amendments before the contracts were finalised. 

Digital Marketing Contracts – Results

The timing was good because as we were preparing the new digital marketing contracts our client was in the process of landing a large new client. This prospect rejected the old contract that our client was using on the grounds that it wasn’t comprehensive enough, in particular around protection of intellectual property rights and acceptance tests. Our client was able to provide their potential new client with the contract that we had drafted who came back on our draft with only minor comments. This is key for us – providing clients with contracts that don’t just protect them but help them do business.