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Digital Marketing Services Agreement Template for South Africa

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Key Requirements PROMPT example:

Digital Marketing Services Agreement

"I need a Digital Marketing Services Agreement for my e-commerce company to engage a full-service digital marketing agency in South Africa, with comprehensive services including social media management, SEO, and paid advertising, starting March 2025, with strong data protection clauses and performance metrics."

Document background
The Digital Marketing Services Agreement is essential for businesses engaging in digital marketing activities within South Africa's legal framework. This document is typically used when a company or individual (the client) wishes to engage a professional digital marketing service provider to manage their online marketing presence. The agreement covers crucial aspects such as social media management, content creation, SEO services, paid advertising, and analytics, while ensuring compliance with South African legislation including POPIA, ECTA, and consumer protection laws. It's particularly important in today's digital landscape where online marketing plays a crucial role in business growth and brand development. The agreement protects both parties' interests by clearly defining services, deliverables, performance metrics, and compliance requirements, while addressing specific considerations for the South African market and regulatory environment.
Suggested Sections

1. Parties: Identification of the service provider and client, including registration details and registered addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Scope of Services: Detailed description of digital marketing services to be provided

5. Term and Commencement: Duration of the agreement and effective date

6. Service Provider's Obligations: Key responsibilities and commitments of the digital marketing service provider

7. Client's Obligations: Key responsibilities and commitments of the client, including provision of materials and approvals

8. Fees and Payment: Payment terms, fee structure, and invoicing procedures

9. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and campaigns

10. Data Protection and Privacy: POPIA compliance measures and data handling procedures

11. Confidentiality: Protection of confidential information and trade secrets

12. Performance Measurement: KPIs, reporting requirements, and performance evaluation criteria

13. Termination: Conditions and procedures for ending the agreement

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

Optional Sections

1. Social Media Management: Specific provisions for social media account management and content creation, used when social media services are included

2. Search Engine Optimization: Detailed SEO services and commitments, included when SEO is part of the service offering

3. Content Creation and Approval: Processes for content creation, approval, and publication, needed for content marketing services

4. Paid Advertising Management: Terms for managing paid advertising campaigns and budgets, included for PPC and paid social services

5. Third-Party Platforms: Terms relating to the use of third-party marketing platforms and tools, included when specific platforms are core to service delivery

6. Service Level Agreement: Specific performance standards and response times, included for more comprehensive service arrangements

7. White Labeling: Terms for white-label service provision, included when services are provided under the client's brand

8. Agency of Record: Provisions defining exclusive agency relationship, included when the provider is the sole digital marketing provider

Suggested Schedules

1. Schedule A - Service Specifications: Detailed breakdown of services, deliverables, and timelines

2. Schedule B - Fee Structure: Detailed pricing, payment schedules, and cost breakdowns

3. Schedule C - Key Performance Indicators: Specific metrics and targets for measuring campaign success

4. Schedule D - Approved Platforms and Tools: List of authorized marketing platforms and tools to be used

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

6. Appendix 1 - Campaign Brief Template: Standard template for campaign briefs and approvals

7. Appendix 2 - Reporting Template: Standard format for performance reports and analytics

8. Appendix 3 - Data Processing Agreement: POPIA-compliant data processing terms and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses











































Relevant Industries

Retail

E-commerce

Technology

Professional Services

Healthcare

Financial Services

Education

Tourism and Hospitality

Manufacturing

Real Estate

Entertainment and Media

Non-profit Organizations

Consumer Goods

Automotive

Relevant Teams

Legal

Marketing

Digital

Procurement

Compliance

Operations

Business Development

Finance

Brand Management

Account Management

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Business Development Manager

Brand Manager

Marketing Coordinator

Legal Counsel

Procurement Manager

Contract Manager

Chief Executive Officer

Small Business Owner

Operations Manager

Digital Agency Director

Account Manager

Compliance Officer

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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