How to Create a PPC Marketing Contract? - The Basics
How to Create a PPC Marketing Contract - The Basics
Hi Y’all. Happy Sunday. Having a contract is an important piece smaller agencies and freelance PPC specialists sometimes can’t afford. Hiring a lawyer is expensive. A lawyer specializing in contract law cost between $400 to $800 an hour. A custom contract template can set you back over $2,000. Here are tips to create your own contract. *Guttulus is a fill in for the agency/freelancer offering services.
Title: The Title should include your company name and the name of the client. include the client’s address as well as the date. Something like this works.
1. Agreement: This should be the first paragraph. It lists the companies involved in the contract. Make sure the client’s company is real and registered with the secretary of the state. You can’t sue a company that doesn’t exist. The following works. AGREEMENT is capitalized.
This AGREEMENT (“AGREEMENT”) is by and between Guttulus (“Guttulus”) and [INSERT] International Corporation (“[INSERT]”). [INSERT] desires to engage Guttulus and Guttulus agrees to render to [INSERT] Pay Per Click (“PPC”) services based on the terms and conditions set forth herein. In consideration of the recitals and the mutual promises set forth in this AGREEMENT, the parties hereto agree as follows:
2. Services Provided. It is important to list the services you provide and the objective. Defining scope is vital when there is a disagreement. It’s not atypical for clients to want more. The contract is a record of what the scope is.
2.1 [INSERT] agrees to retain Guttulus and Guttulus agrees to provide PPC services for [INSERT] during the term of this AGREEMENT on the terms and conditions described. The objective is to improve [INSERT]’s online visibility. The objective will be achieved by using Guttulus’s proven PPC techniques and expertise.
2.2 Guttulus agrees to provide the following services with the purpose of achieving satisfactory [INSERT]:
2.3 These services will include a maximum of ( ) hours of billable time, based upon the mutually agreed upon hourly rate of ( ), including email and phone consultations, client education and tutoring, and research, preparation and transmission of materials, documentation and information for implementation.
2.4 Guttulus shall perform all additional non-named services required to achieve the objective in section 2.1.
2.5 Guttulus shall perform all services in a diligent and responsible manner.
3. Payment. The next important part is payment. This is to make sure you don’t starve while doing the work. Have a clear method of collection is important. This is what I use:
3.1 [INSERT] is to pay USD to Guttulus as a monthly fee under this AGREEMENT.
3.2 [INSERT] is to pay within 15 days of the Guttulus sending an invoice.
3.3 In the event that [INSERT] does not pay within the allotted period, Guttulus shall be relieved of its obligation to perform its services under AGREEMENT. [INSERT] must also reimburse Guttulus for all expenses incurred in connection within the collection of amounts payable, including court costs and attorneys’ fees.
4. Acknowledgement. This section serves to protect you. Often clients have an unrealistic idea of what digital marketing can do. This is a catchall.
4.1 [INSERT] acknowledges that Guttulus has made no representations or guarantees regarding the results of its services.
4.2 [INSERT] acknowledges that the services of Guttulus may not provide quantitative results either immediately or in the future and that such marketing services often provide benefits which cannot be quantitatively assessed.
4.3 [INSERT] acknowledges that Guttulus has not guaranteed that [INSERT] website will generate additional sales or obtain a specific number of views or visitors or a specific placement.
5. Independent Contractor. For legal purposes you need to include this section. It prevents a client from binding you to a third party contract.
5.1 Guttulus shall not have any right, power or authority to create any contract or obligation, on behalf of, in the name of, or binding upon [INSERT] except express or implied contracts based on the conditions of the work to be performed pursuant to this AGREEMENT.
6. Termination. All good things come to an end. Not all clients are not worth the effort. This is your get out of jail card for those clients. However, it works both ways.
6.1 Either party may terminate this AGREEMENT by giving 30 days written notice to the other of such termination.
6.2 In the event this AGREEMENT is postponed or terminated at the request of [INSERT], Guttulus shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement.
7. Dispute Resolution. Worst case… there’s a dispute and the client has more money and resources to battle. This allows both parties to go to arbitration which is vastly cheaper than having lawyers fight it out.
7.1 If a dispute arises between Guttulus and [INSERT] over this contract both parties agree that the dispute will not be resolved by lawsuit. Instead, Guttulus and [INSERT] will work out the dispute, then, upon request by either party, the dispute will be resolved by arbitration conducted by the American Arbitration Association in [INSERT]. Judgment upon any reward rendered by the arbitrator may be entered in any court of competent jurisdiction.
8. Entire Agreement. This is to exclude any oral agreements or proposals that changed.
8.1 If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will remain in effect.
9. Applicable Law and Jurisdiction. You don’t want to have to travel or hire an out of state lawyer. This provision makes sure any legal proceedings will be in your backyard.
9.1 The AGREEMENT is subject to the governing laws of the State of Texas. Any action regarding this AGREEMENT must be brought in Houston, Texas.
10. Necessary Materials. One common reason you can’t begin or deliver on a project is the client didn’t provide you what you needed. You wait and wait to the detriment of new clients. In this section you list what you need and put the client on a clock.
10.1 [INSERT] understands that it may not hold Guttulus responsible for failure of [INSERT] to provide necessary materials, text and information, or to execute and/or implement recommended modifications, or to implement in a timely fashion. The following are necessary:
11. Modifications. All modifications should be by amendment.
11.1 Modifications independently made to pages by [INSERT] which can substantially affect and alter optimization of and rankings for the site pages, without timely notification to Guttulus, may result in duplication of work by Guttulus.
12. Signature. And a signature page… of course.
Hopefully this was helpful. It’s not perfect but it’s a great skeleton to create your own template. As always, seek a lawyer if you have further questions.
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