Social Media Agency Contract for India

Social Media Agency Contract Template for India

This document is a comprehensive agreement governing the relationship between a social media agency and its client under Indian law. It outlines the scope of social media management services, including content creation, platform management, analytics, and reporting requirements. The contract addresses key aspects such as intellectual property rights, data protection, compliance with Indian IT laws and advertising standards, performance metrics, and commercial terms. It includes provisions specific to the Indian digital marketplace and ensures compliance with local regulations including the Information Technology Act, 2000 and the ASCI guidelines.

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What is a Social Media Agency Contract?

The Social Media Agency Contract is essential for businesses seeking to establish a formal relationship with professional social media management services in India. This document is typically used when a company wants to outsource its social media operations to a specialized agency, ensuring clear deliverables, responsibilities, and compliance with Indian regulations. The contract includes comprehensive terms covering service scope, content rights, data protection, and performance standards, while adhering to Indian legal requirements including the IT Act, advertising standards, and digital media guidelines. It's particularly relevant in today's digital-first business environment where social media presence is crucial for brand building and customer engagement. The agreement protects both parties' interests while establishing clear operational frameworks for successful social media management.

What sections should be included in a Social Media Agency Contract?

1. Parties: Identification of the Agency and the Client, including registered addresses and company details

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 social media terms

4. Scope of Services: Detailed description of social media services to be provided by the Agency

5. Term and Termination: Duration of the agreement and conditions for termination

6. Agency Obligations: Key responsibilities and commitments of the Agency

7. Client Obligations: Client's responsibilities including providing content, approvals, and access

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

9. Intellectual Property Rights: Ownership and usage rights of content, creative works, and existing IP

10. Confidentiality: Protection of confidential information shared between parties

11. Data Protection and Privacy: Compliance with data protection laws and handling of personal information

12. Compliance with Laws: Adherence to IT Act, advertising standards, and other relevant regulations

13. Representations and Warranties: Standard warranties about service quality and legal compliance

14. Limitation of Liability: Limits on liability and indemnification provisions

15. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

16. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for dispute resolution

17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Social Media Agency Contract?

1. Performance Metrics and KPIs: Specific metrics for measuring campaign success, used when client requires performance-based evaluation

2. Crisis Management: Procedures for handling social media crises, recommended for high-profile clients

3. Content Approval Process: Detailed content review and approval workflow, useful for clients requiring strict control

4. Influencer Management: Terms for managing influencer relationships, needed when influencer marketing is part of services

5. International Operations: Additional terms for cross-border social media management

6. Agency of Record: Exclusive agency provisions, used when the agency is the sole social media partner

7. White Labeling: Terms for providing services under client's brand, if applicable

8. Training and Knowledge Transfer: Provisions for training client's team, if included in services

What schedules should be included in a Social Media Agency Contract?

1. Schedule A - Service Level Agreement: Detailed breakdown of services, response times, and delivery standards

2. Schedule B - Fee Structure: Detailed pricing, including rate cards and additional service costs

3. Schedule C - Approved Social Media Platforms: List of platforms covered under the agreement with specific requirements

4. Schedule D - Brand Guidelines: Client's branding requirements and social media voice guidelines

5. Schedule E - Reporting Templates: Format and frequency of performance reports and analytics

6. Schedule F - Key Personnel: List of key team members and their roles

7. Appendix 1 - Content Calendar Template: Standard format for content planning and scheduling

8. Appendix 2 - Crisis Communication Protocol: Step-by-step process for managing social media crises

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

India

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Technology

Fashion and Luxury

Food and Beverage

Entertainment

Healthcare

Education

Financial Services

Travel and Hospitality

Real Estate

Automotive

Consumer Goods

Non-Profit Organizations

Professional Services

Media and Publishing

Relevant Teams

Legal

Marketing

Digital

Communications

Brand Management

Procurement

Compliance

Business Development

Creative

Content

Social Media

Public Relations

Relevant Roles

Marketing Director

Digital Marketing Manager

Social Media Manager

Brand Manager

Communications Director

Content Strategy Manager

Legal Counsel

Procurement Manager

Business Development Manager

Account Director

Creative Director

Chief Marketing Officer

Digital Transformation Lead

Compliance Officer

Contract Manager

Media Relations 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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