Digital Marketing Services Contract Template for Austria

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Key Requirements PROMPT example:

Digital Marketing Services Contract

"I need a Digital Marketing Services Contract for my enterprise software company to engage a full-service agency starting March 2025, covering social media management, content creation, and PPC advertising, with strict data protection requirements and performance metrics for the Austrian market."

Document background
The Digital Marketing Services Contract is essential for businesses engaging external digital marketing expertise in Austria. This agreement is designed to comply with Austrian legal requirements, including the ABGB, ECG, and GDPR, while protecting both service provider and client interests. It should be used when engaging digital marketing agencies, consultants, or freelancers for services such as social media management, content marketing, SEO, digital advertising, and email marketing. The contract includes comprehensive provisions for service scope, performance metrics, data protection, intellectual property rights, and payment terms, making it suitable for both simple and complex digital marketing engagements.
Suggested Sections

1. Parties: Identification of the service provider and client, including full legal names, registration numbers, and addresses

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

3. Definitions: Key terms used throughout the agreement, including technical digital marketing terminology

4. Scope of Services: Detailed description of digital marketing services to be provided, including specific channels and activities

5. Service Provider Obligations: Specific responsibilities and commitments of the digital marketing agency

6. Client Obligations: Client's responsibilities, including provision of materials, approvals, and access to necessary accounts

7. Data Protection and Privacy: GDPR compliance measures, data processing terms, and privacy protection obligations

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

9. Fees and Payment Terms: Service costs, payment schedule, and billing procedures

10. Term and Termination: Contract duration, renewal terms, and termination conditions

11. Confidentiality: Protection of confidential information and trade secrets

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

13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Service Level Agreement: Detailed service levels and response times - include when specific performance metrics are crucial

2. Social Media Management: Specific terms for social media account management - include when social media services are part of the scope

3. Content Creation Rights: Detailed terms for content creation and ownership - include when content creation is a significant component

4. Third-Party Platforms: Terms relating to use of third-party marketing platforms - include when specific platforms are key to service delivery

5. International Marketing: Additional provisions for cross-border marketing activities - include when marketing spans multiple jurisdictions

6. Crisis Management: Procedures for handling marketing crises or reputation management - include for high-profile clients

7. Staff and Subcontractors: Terms regarding personnel and subcontractors - include when specific team members are crucial to delivery

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed breakdown of all digital marketing services and deliverables

2. Schedule 2 - Fee Schedule: Detailed pricing, payment terms, and any variable costs

3. Schedule 3 - Service Level Metrics: Specific KPIs, targets, and measurement methodologies

4. Schedule 4 - Approved Marketing Channels: List of approved platforms and channels for marketing activities

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and procedures

6. Appendix A - Client Brand Guidelines: Client's branding requirements and style guide

7. Appendix B - Reporting Templates: Standard formats for performance and activity reporting

8. Appendix C - Contact Details: Key contacts and escalation procedures for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Financial Services

Healthcare

Education

Professional Services

Manufacturing

Hospitality

Real Estate

Entertainment

Consumer Goods

Telecommunications

Non-profit

Fashion

Automotive

Relevant Teams

Legal

Marketing

Digital

Procurement

Compliance

Finance

Business Development

Brand Management

E-commerce

Operations

Risk Management

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Legal Counsel

Procurement Manager

Business Development Manager

Content Marketing Manager

Social Media Manager

Marketing Operations Manager

Digital Strategy Director

Brand Manager

E-commerce Manager

SEO Specialist

Performance Marketing 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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