Social Media Agency Contract for Malaysia

Social Media Agency Contract Template for Malaysia

This document is a comprehensive Social Media Agency Contract governed by Malaysian law, designed to establish and regulate the relationship between a social media agency and its client. It incorporates requirements from Malaysian digital communications laws, data protection regulations (PDPA 2010), and commercial contract principles. The agreement covers essential aspects including service scope, content creation, platform management, performance metrics, intellectual property rights, and compliance with Malaysian advertising standards and digital communications regulations. It also addresses data privacy, crisis management, and digital content ownership specific to the Malaysian market context.

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What is a Social Media Agency Contract?

The Social Media Agency Contract is essential for businesses in Malaysia engaging professional agencies to manage their social media presence. This document is typically used when a company decides to outsource its social media management, content creation, and digital marketing activities to a specialized agency. It sets out the complete framework for the agency-client relationship, incorporating Malaysian legal requirements including the Personal Data Protection Act 2010, Communications and Multimedia Act 1998, and relevant digital commerce regulations. The contract addresses crucial elements such as scope of services, performance metrics, content approval processes, intellectual property rights, data protection, and compliance with Malaysian advertising standards. It's particularly important given the growing significance of social media in Malaysian business operations and the need for clear governance of digital marketing activities.

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

1. Parties: Identification of the Agency and Client, including registration numbers and registered addresses

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

3. Definitions: Defined terms used throughout the agreement, including platform-specific and technical terms

4. Scope of Services: Detailed description of social media services to be provided, including platforms covered

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Agency Obligations: Specific responsibilities and deliverables of the social media agency

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

8. Approval Process: Procedures for content approval and revision cycles

9. Performance Metrics: KPIs and measurement criteria for social media campaigns

10. Fees and Payment: Compensation structure, payment terms, and expenses

11. Intellectual Property Rights: Ownership and usage rights of content and materials

12. Data Protection and Privacy: Compliance with PDPA and handling of personal data

13. Confidentiality: Protection of confidential information and trade secrets

14. Representations and Warranties: Standard warranties regarding service quality and compliance

15. Limitation of Liability: Caps on liability and exclusions

16. Termination: Grounds for termination and post-termination obligations

17. General Provisions: Standard boilerplate clauses including notices, amendment process, and governing law

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

1. Crisis Management: Procedures for handling social media crises and reputation management, recommended for high-profile clients

2. Influencer Engagement: Terms for managing influencer relationships and campaigns, if influencer marketing is part of the scope

3. Content License: Detailed licensing terms for user-generated content and third-party materials, if extensive content creation is involved

4. International Compliance: Additional provisions for compliance with international social media laws, if operating across multiple jurisdictions

5. Agency Team: Dedicated team structure and key personnel provisions, if specific team members are crucial to service delivery

6. Non-Compete: Restrictions on working with competing clients, if exclusivity is required

7. Training and Support: Terms for additional training or support services, if client requires capability building

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

1. Schedule 1: Service Level Agreement: Detailed metrics, response times, and service standards

2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rate cards, and payment milestones

3. Schedule 3: Platforms and Channels: List of social media platforms and channels covered under the agreement

4. Schedule 4: Content Guidelines: Brand guidelines, tone of voice, and content parameters

5. Schedule 5: Reporting Templates: Formats and frequencies of performance reports and analytics

6. Appendix A: Emergency Contact Protocol: Contact details and procedures for urgent situations

7. Appendix B: Approval Workflow: Detailed content approval process and timelines

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

Malaysia

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Food and Beverage

Fashion and Apparel

Technology

Entertainment

Healthcare

Education

Financial Services

Real Estate

Hospitality

Professional Services

Consumer Goods

Non-profit Organizations

Automotive

Travel and Tourism

Relevant Teams

Marketing

Digital Communications

Legal

Procurement

Brand Management

Corporate Communications

Business Development

Operations

Compliance

Creative Services

Public Relations

Relevant Roles

Marketing Director

Digital Marketing Manager

Social Media Manager

Content Strategy Director

Brand Manager

Communications Director

Chief Marketing Officer

Legal Counsel

Procurement Manager

Business Development Manager

Account Director

Digital Communications Manager

Compliance Officer

Operations 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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