Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Marketing Services Agreement
The marketing sphere is developing more and more. The contract for the provision of marketing services, which is essentially the main legal instrument for regulating relations between the customer and the contractor in this sphere, is also undergoing changes. This agreement is a subspecies of the main contract for the provision of services, therefore it must take into account the provisions of Articles 901-907 of the Civil Code of Ukraine. Below we will examine in more detail its essential conditions, mandatory annexes and penalties for violation.
The concept and features of the contract for the provision of marketing services
A marketing services agreement is an agreement that formalizes the relationship between the customer and the contractor regarding the promotion of goods on the market. Marketing services cover a wide range of professional activities aimed at studying, analyzing and satisfying consumer demand. These include:
- market and consumer demand research;
- development of pricing policy;
- collection and dissemination of information about products;
- placement of products at points of sale;
- work with keywords and content.
All of these services can be the subject of the analyzed agreement. Such an agreement has certain features, in particular, regarding the definition of the rights and obligations of the parties, methods of payment (subscription fee, payment for a positive result, etc.), the procedure for accepting completed work, and the application of fines to the contractor for improper work. In the next section, we will examine in more detail the conditions that must be reflected in the main agreement.
Essential terms of a marketing services agreement: main characteristics
Marketing agreements have their own characteristics, which affect their essential terms. In the event of concluding an agreement with a marketing specialist, the following issues must be resolved:
- first, the amount and nature of the work (for example, SMM, email marketing, etc.);
- second, the price and payment procedure (fixed fee, hourly or subscription fee);
- third, a list of expenses paid by the customer (for example, for advertising on social networks);
- fourth, the rights and obligations of the parties, their liability for failure to fulfill the terms;
- finally, other additional terms and their definitions (the possibility of involving subcontractors, maintaining confidentiality, etc.).
What annexes should be prepared for a marketing services agreement?
In order for the agreement to fully meet the interests of both parties, it is also necessary to prepare several important annexes: a marketing activities plan; an act of acceptance and transfer of services; report on the performance of work in the field of marketing. If you need to make significant changes to the main contract after its signing, then lawyers recommend preparing additional agreements on the relevant issue. For more detailed information, we also recommend ordering a consultation with our specialized specialist.
Liability of the parties for failure to comply with the terms of the contract for the provision of marketing services
In case of non-fulfillment or improper fulfillment of obligations under the contract, legal consequences arise for the violator. Depending on the act, they may consist of:
- imposition of a fine (for poor-quality fulfillment);
- calculation of a penalty for each day of delay (in case of failure to meet the deadlines for fulfillment);
- imposition of an obligation to compensate for losses or moral damage.
It is worth emphasizing that liability may arise for both the performer and the customer. In particular, the performer is responsible for the quality and timing of the provision of marketing services, any defects or violations of confidentiality rules (for example, involving third parties in the fulfillment without the customer’s proper consent). The customer, in turn, is responsible for the timeliness of payment for services, assistance to the performer (for example, access to the CRM system, provision of necessary materials and information).
Drafting a marketing services agreement: how can a lawyer from Prikhodko & Partners help?
Our company’s lawyer provides full support in developing draft agreements for interested clients, which helps to ensure the protection of their interests and avoid legal risks. His services include:
- legal analysis and consultations;
- drafting an agreement taking into account the specifics of the request;
- amending the agreement to adapt it to the interests of both parties;
- drafting and including annexes and additional agreements;
- supporting negotiations and notarization of the agreement (if necessary).
Thus, a marketing services agreement should clearly define the nature of such services, their price, the procedure for payments, the rights and obligations of the parties, as well as other additional conditions that are important. It is always necessary to additionally develop a marketing activities plan, a report on the performance of work, etc. To be sure of the legality of the agreement, we recommend ordering the service of its development from a professional lawyer.
With the support of a lawyer, you will receive a reliable legal instrument that will ensure transparency in your relationship. To find out the price of developing a marketing services agreement, please fill out the form below.
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