Marketing Consultant Contract for Hong Kong

Marketing Consultant Contract Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions for marketing consulting services. The document outlines the scope of marketing services, deliverables, compensation structure, intellectual property rights, confidentiality obligations, and data protection requirements in accordance with Hong Kong regulations. It includes provisions for performance metrics, reporting requirements, and termination conditions while ensuring compliance with Hong Kong's Personal Data (Privacy) Ordinance and other relevant legislation.

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What is a Marketing Consultant Contract?

The Marketing Consultant Contract serves as a critical legal framework for businesses in Hong Kong seeking to engage external marketing expertise while maintaining clear professional boundaries and protecting business interests. This document is essential when companies require specialized marketing services without creating an employment relationship, particularly for project-based work, ongoing consulting arrangements, or specific marketing campaigns. The contract, governed by Hong Kong law, incorporates provisions addressing intellectual property rights, data protection compliance, confidentiality, and service standards. It's particularly relevant in today's digital marketing landscape where companies increasingly rely on external expertise for strategic marketing initiatives while ensuring compliance with Hong Kong's legal requirements, including the Personal Data (Privacy) Ordinance and Trade Descriptions Ordinance.

What sections should be included in a Marketing Consultant Contract?

1. Parties: Identification of the company and the marketing consultant, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a marketing consulting arrangement

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Marketing Materials', etc.

4. Appointment and Term: Formal appointment of consultant, term of engagement, and renewal provisions

5. Scope of Services: Detailed description of marketing consulting services to be provided

6. Consultant's Obligations: Key responsibilities, professional standards, and compliance requirements

7. Company's Obligations: Company's responsibilities including provision of information, resources, and access

8. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing requirements

9. Intellectual Property Rights: Ownership and usage rights of marketing materials and deliverables

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: Compliance with PDPO and data handling requirements

12. Non-Compete and Non-Solicitation: Restrictions on competitive activities and client solicitation

13. Termination: Grounds for termination, notice requirements, and consequences

14. Post-Termination Obligations: Continuing obligations after contract end

15. General Provisions: Standard clauses including notices, amendments, governing law, etc.

What sections are optional to include in a Marketing Consultant Contract?

1. Performance Metrics: Specific KPIs and performance measurement criteria - include when success metrics are crucial

2. International Services: Provisions for cross-border services - include when consultant works across multiple jurisdictions

3. Social Media Management: Specific terms for social media account management - include when consultant handles social media

4. Crisis Management: Procedures for handling marketing crises - include for high-risk or public-facing campaigns

5. Subcontracting: Terms for engaging subcontractors - include when consultant may need to delegate work

6. Insurance: Professional indemnity and liability insurance requirements - include for high-value contracts

7. Brand Guidelines: Compliance with company branding requirements - include when brand consistency is crucial

What schedules should be included in a Marketing Consultant Contract?

1. Schedule 1 - Services Description: Detailed breakdown of marketing services and deliverables

2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment milestones

3. Schedule 3 - Key Personnel: List of key consultant team members and their roles

4. Schedule 4 - Service Levels: Performance standards and response time requirements

5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors if applicable

6. Appendix A - Company Brand Guidelines: Company's branding requirements and standards

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

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Financial Services

Technology

Healthcare

Consumer Goods

Professional Services

Entertainment

Education

Real Estate

Hospitality

Manufacturing

Telecommunications

Media and Advertising

Relevant Teams

Legal

Marketing

Procurement

Finance

Communications

Business Development

Commercial

Operations

Compliance

Digital Marketing

Brand Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Digital Marketing Manager

Content Strategy Director

Marketing Operations Manager

Legal Counsel

Procurement Manager

Contract Administrator

Business Development Director

Communications Manager

Chief Commercial Officer

Marketing Consultant

Marketing Agency Director

Commercial Manager

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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