A Brief Introduction of Social Media Management Contract
A social media management contract is an agreement wherein a social media consultant is hired by a person or a company to handle their social media pages and to develop a social media strategy. The consultant then devises a plan to promote and market the social media handles of the client. This type of agreement is also known as a social media marketing contract or a social media consulting contract. Social media marketing is required when a person/company uses sites such as Instagram, Facebook or YouTube to market its goods and services. Such a person may not be well equipped to handle these sites on his own, and hence hires an expert for the same.
These agreements are becoming increasingly popular in today’s times as social media is one of the best tools to promote a business or a brand. This agreement may also be used by social media “influencers” and “content creators” to promote their social media accounts.
Who Takes the Social Media Management Contract?
A social media management contract is entered between the consultant who will be providing the social media management services and the person or company who hires the consultant (known as the client).
Purpose of the Social Media Management Contract
The purpose of this agreement is to lay down the role of the consultant and the duties that will be fulfilled by him during the course of the agreement. This agreement is needed to explicitly state the duration for which the consultant will be working with the client and the responsibilities that will be handled by him. It is very important to clearly lay out the purposes for which the consultant has been engaged so that there is no dispute about his obligations at a later stage.
Contents of the Social Media Management Contract
The contract must first mention the names of both parties. The term or the duration for which the agreement will be in force must be stated. It will then include a detailed list of the scope of the work that is to be done by the consultant.
- Scope of Work: If there are multiple social media pages that will be handled by the consultant, the agreement must lay down how many social media posts he will have to upload per week or per month on each such page, and all the other activities that he will undertake.
- Responsibilities of the consultant: The deliverables and the marketing campaigns that will be carried out by the consultant must be described in detail.
- Limitations on the deliverables: Every single duty that the consultant is expected to perform should be explicitly laid out in the contract. Otherwise, if the consultant is asked to perform a task that is not stated in the agreement, he may charge additional fees for the same.
- Fees, timelines and penalties: The fees that will be payable to the consultant must be stated along with a schedule for the payment of installments if required. The consequences of late payment by the client must also be accounted for.
- Non-compete clause: If the parties so choose, they can incorporate a non-compete clause in the contract. This means that the consultant will not be able to provide similar services to the competitors of the client.
- Proprietary Information: The contract should also include who owns the property generated, and the result of the campaigns and the other deliverables that the consultant is supposed to give.
The representations and warranties of both parties and the situations in which the agreement may be terminated by either party must also be mentioned.
How to Draft the Social Media Management Contract?
The following are the steps to follow while drafting a social media management contract:
- The consultant and the client must first reach an agreement on the tasks and obligations of the consultant and the manner in which he shall perform them.
- All the key details, such as the fees and other major aspects, must be decided beforehand.
- Once the negotiations have been completed, the agreement must be drafted and all the essential terms and clauses must be incorporated.
- The agreement must also provide for possible breaches of contract and remedies for such breaches. A suitable dispute resolution mechanism must be provided for.
- The agreement must then be reviewed and signed by both parties.
- The negotiations must be conducted in such a manner that the functions of the consultant and the responsibilities of both parties must be clearly outlined.
- The consultant must receive fair remuneration for the work done by him.
Benefits and Drawbacks of the Social Media Management Contract
The following are the benefits and drawbacks of social media management contracts:
- Through this agreement, a company or a person can hire a social media consultant who can take care of their social media accounts and help them in marketing the same.
- The agreement will provide a clear cut plan for the consultant.
- All the important terms are specified in the agreement to avoid any dispute between the parties.
- If there is a breach by either party, the other party has a remedy in place.
[ Also Read: Social Media Contract ]
What Happens in Case of Violation?
It is essential for every agreement to have certain remedies in place in case there is a violation of any clause, obligation or warranty under this agreement. In an agreement of this nature, parties prefer to submit all disputes to mediation or arbitration(1). The agreement will specify that if any dispute arises with respect to the terms of this agreement, or if any party breaches the terms of the agreement, such dispute shall be referred to arbitrators or mediators, as the parties choose.
The arbitration clause or the mediation clause, as the case may be, should specify the manner in which the arbitration or mediation proceedings shall be conducted, the method for appointment of arbitrators or mediators, and all the other important details. The venue for arbitration and the language in which the arbitration proceedings shall be conducted have to be specified in the contract.
The benefit of selecting an alternative method of dispute resolution is that the dispute will be resolved in a time-bound manner and a solution that is satisfactory to both parties can be reached. It is a much easier process than approaching the courts of law.
In conclusion, an agreement of this kind has become crucial in the age of social media. Many companies, brands, and people invest a lot of time and money in social media marketing as that is a foolproof way to reach a large audience.
Hence it becomes important to hire an expert who can help you in your social media promotions. While hiring such an expert, it is necessary to create a written agreement as this will contain all the terms that have been negotiated with him and the contract will serve as evidence of the same. In case of any dispute or miscommunication, the clauses of the agreement can be referred to.