Terms and Conditions for Social Media Marketing Agency

Effective Date: [Insert Date]

Welcome to [Agency Name], a Social Media Marketing Agency (“Agency”, “we”, “our”, or “us”). By engaging with our services, you (“Client”, “you”, or “your”) agree to the following Terms and Conditions (“Agreement”) governing your use of our services.

1. Services Provided

We provide social media marketing services including, but not limited to:

• Content creation and curation
• Social media account management
• Paid advertising campaigns
• Analytics and reporting
• Strategy development
• Social media consulting

Services will be provided based on the package or specific service agreed upon in writing.

2. Client Obligations

To enable us to perform the services, the Client agrees to:

• Provide necessary access to social media accounts (e.g., Facebook, Instagram, Twitter, LinkedIn, etc.).
• Supply relevant brand materials, content, and guidelines, including logos, images, and preferred messaging.
• Respond promptly to requests and communications related to the project.
• Comply with all applicable laws and regulations regarding social media and digital marketing.
• Acknowledge that you are the rightful owner or have the necessary rights to use any content you provide.

3. Fees and Payment

• The Client agrees to pay the fees associated with the services, as outlined in the contract or proposal.
• Payment terms will be specified in the signed agreement. Invoices are due within [insert number of days] days of receipt unless otherwise agreed upon.
• Late payments may result in a [insert late fee percentage] late fee and possible suspension of services until payment is received.

4. Contract Duration and Termination

• The duration of services is defined in the agreement. Either party may terminate the contract with [insert number of days] days’ written notice.
• In case of termination, the Client will be responsible for any services rendered up to the point of termination, and the Agency will be entitled to payment for such services.
• The Agency may terminate services immediately if the Client violates any terms of this Agreement or fails to make timely payments.

5. Confidentiality

Both parties agree to maintain confidentiality regarding any proprietary or confidential information shared during the course of the engagement. This includes, but is not limited to, business strategies, marketing materials, customer data, and financial information.

6. Intellectual Property

• The Client retains ownership of any content they provide (such as images, text, logos).
• Upon full payment for services, the Agency will grant the Client a non-exclusive, transferable license to use any content created by the Agency for the Client’s business purposes.
• The Agency retains the right to showcase the work in its portfolio or for marketing purposes unless otherwise agreed upon in writing.

7. Social Media Platform Guidelines

The Client acknowledges that social media platforms (e.g., Facebook, Instagram, Google Ads) have their own guidelines and policies. The Agency will adhere to these platform rules, but cannot be held responsible for any penalties, account suspension, or removal of content by the platform.

8. Limitation of Liability

The Agency is not liable for any damages or losses arising from:

• The Client’s failure to provide accurate or timely information.
• Any actions or omissions of third parties, including social media platforms.
• Changes in platform algorithms or policy changes that affect the performance of campaigns.
• Any consequential or indirect loss.

9. Performance and Results

While we strive to achieve optimal results, the Agency does not guarantee specific performance metrics such as exact ROI, number of followers, or specific sales outcomes. Results may vary depending on the nature of the Client’s business, audience, and external factors.

10. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Agency from and against any claims, losses, damages, liabilities, and expenses arising from the use of the services or the violation of any applicable laws or regulations.

11. Amendments and Modifications

These Terms and Conditions may be updated or modified by the Agency at any time, and any changes will be communicated to the Client. Continued use of services after the changes are made constitutes acceptance of the updated Terms.

12. Dispute Resolution

Any disputes arising under this Agreement will first be attempted to be resolved through negotiation. If the dispute cannot be resolved, it will be handled by binding arbitration in the jurisdiction where the Agency operates.

13. Governing Law

This Agreement is governed by the laws of [State/Country], without regard to its conflict of laws principles.

14. Miscellaneous

• If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
• This Agreement represents the entire understanding between the Client and the Agency and supersedes any prior agreements or understandings.

By signing or engaging in services with [Agency Name], you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

[Agency Name] Contact Information
[Agency Address]
[Agency Email]
[Agency Phone Number]

Client Acknowledgment

By signing below, the Client agrees to the Terms and Conditions outlined above.

Client Name: _______________________
Signature: _______________________
Date: _______________________

This is a general outline of terms for a social media marketing agency and should be customized to fit specific services and legal requirements. It is advisable to consult with a legal professional before finalizing and signing the terms.