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Digital Marketing Services Agreement

Digital Marketing Services Agreement Template for Indonesia

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Key Requirements PROMPT example:

Digital Marketing Services Agreement

"I need a Digital Marketing Services Agreement under Indonesian law for my e-commerce startup, focusing on social media management and influencer marketing services, with strong data protection clauses and monthly performance reporting requirements."

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Document background
The Digital Marketing Services Agreement is essential for businesses operating in Indonesia's growing digital economy. This document is used when a company engages a digital marketing service provider to manage their online presence, social media, content creation, SEO, or digital advertising campaigns. It ensures compliance with Indonesian regulations, particularly the ITE Law, data protection requirements, and advertising standards. The agreement is crucial for protecting both parties' interests by clearly defining service scope, deliverables, performance metrics, and compliance requirements while addressing specific challenges of the Indonesian digital marketing landscape, including local content restrictions and data localization requirements.
Suggested Sections

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

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical digital marketing terms

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

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

6. Client Obligations: Client's responsibilities, including provision of materials and approvals

7. Term and Timeline: Duration of the agreement and key delivery milestones

8. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

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

10. Data Protection and Privacy: Compliance with Indonesian data protection laws and handling of personal data

11. Confidentiality: Protection of confidential information and trade secrets

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

13. Termination: Conditions and procedures for ending the agreement

14. Dispute Resolution: Process for resolving disputes under Indonesian law

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

Optional Sections

1. Non-Competition: Restrictions on working with competing businesses - include when dealing with sensitive industries or competitive markets

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

3. Content Creation and Approval: Detailed process for content creation and approval - include when content creation is a major component

4. International Data Transfer: Provisions for cross-border data transfers - include when services involve international data processing

5. Influencer Marketing: Terms for engaging with influencers - include when influencer marketing is part of the services

6. Crisis Management: Procedures for handling social media or PR crises - include for high-profile clients or sensitive industries

7. Service Level Agreement (SLA): Detailed service levels and response times - include when specific performance metrics are crucial

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of digital marketing services, channels, and deliverables

2. Schedule B - Fee Schedule: Detailed pricing structure, including rate cards and payment milestones

3. Schedule C - Service Level Agreement: Specific performance metrics, response times, and service standards

4. Schedule D - Approved Platforms and Tools: List of authorized marketing platforms, analytics tools, and software

5. Schedule E - Reporting Templates: Standard formats for performance reports and analytics

6. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal data in compliance with Indonesian law

7. Appendix 2 - Content Guidelines: Brand guidelines, content standards, and approval processes

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Affiliate
Agreement
Applicable Laws
Approved Platforms
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Content
Data Protection Laws
Deliverables
Digital Assets
Digital Marketing Services
Effective Date
Force Majeure
Intellectual Property Rights
ITE Law
Key Performance Indicators (KPIs)
Marketing Materials
Metrics
Personal Data
Platform
Project
Project Brief
Reporting Period
Service Level Agreement (SLA)
Services
Service Provider
Social Media Accounts
Social Media Platforms
Target Audience
Term
Territory
Third Party Materials
User Data
Working Hours
Campaign Period
Digital Advertising
SEO Services
Content Marketing
Social Media Management
Analytics
Brand Guidelines
Click-through Rate
Conversion Rate
Customer Data
Dashboard
Emergency Support
Engagement Rate
Indonesian Advertising Standards
Lead Generation
Marketing Strategy
Paid Media
Performance Report
Response Time
Service Credits
Website Traffic
Clauses
Interpretation
Appointment
Term
Services
Service Provider Obligations
Client Obligations
Fees and Payment
Intellectual Property Rights
Data Protection
Confidentiality
Non-Competition
Service Levels
Performance Metrics
Reporting
Content Approval
Social Media Management
Campaign Management
Analytics and Tracking
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Post-Termination Obligations
Assignment
Subcontracting
Notice
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Compliance with Laws
Anti-Corruption
Data Security
Audit Rights
Insurance
Brand Protection
Crisis Management
Personnel
Representations
Relevant Industries

Technology

E-commerce

Retail

Financial Services

Healthcare

Education

Hospitality

Real Estate

Manufacturing

Professional Services

Consumer Goods

Media and Entertainment

Telecommunications

Travel and Tourism

Relevant Teams

Marketing

Digital

Legal

Procurement

Business Development

Brand Management

E-commerce

Operations

Compliance

Finance

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Business Development Manager

Marketing Specialist

Social Media Manager

Content Marketing Manager

SEO Specialist

Legal Counsel

Procurement Manager

Contract Manager

Chief Digital Officer

E-commerce Manager

Brand Manager

Industries
Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law): The primary legislation governing electronic transactions and digital activities in Indonesia, including digital marketing and online business operations
Government Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions: Detailed regulations on electronic system operations and digital transactions, including requirements for digital service providers
Law No. 8 of 1999 on Consumer Protection: Governs consumer rights and business obligations, including in digital marketing contexts and advertising practices
Personal Data Protection Bill (2022): Indonesia's comprehensive data protection regulation that sets requirements for collecting, processing, and storing personal data in digital activities
Law No. 32 of 2002 on Broadcasting: Regulates content distribution and advertising standards, including digital content and online advertisements
Minister of Communication and Information Technology Regulation No. 20 of 2016: Specific regulations on personal data protection in electronic systems
Indonesian Civil Code (KUHPerdata): Basic contract law principles that apply to service agreements, including formation, validity, and enforcement of contracts
Government Regulation No. 80 of 2019 on Trading Through Electronic Systems: Regulations specific to e-commerce and online business activities, including digital marketing services
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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