Most people sign a marketing contract without reading it. Then, when a dispute arises, they discover the contract doesn't address the thing they're arguing about.
These are the clauses that should be there, written plainly.
1. Scope — in tedious detail
“Social media management” is not a scope. A scope is numbers: how many posts, how many reels, how many shoot days, whether ads management is included, whether messages are answered.
And more importantly: what isn't included. The clearest contracts state explicitly “this is out of scope and quoted separately.”
2. KPIs — and how they're measured
Specify that measurement is on cost per result, not reach. Specify when reports arrive and what they contain.
But one caution: don't demand a guaranteed number. Guaranteeing a figure pushes an agency to game it — delivering cheap unqualified leads to hit the target. Far better to require method and transparency.
3. Asset ownership — the most consequential clause
| Asset | Correct arrangement |
|---|---|
| Ad account | Your company's name; agency has access |
| Pixel and tracking | Your domain and account |
| Brand page | You are the primary admin |
| Domain and hosting | Your name and email |
| Content and source files | Yours on payment, delivered regularly |
| Font licences | In your name |
4. Exit clauses
More important than the entry terms. It should be clear:
- Notice period — typically a month, reasonable for both sides.
- Asset handover — what's handed over and within how many days.
- Work in progress — how partially completed work is settled.
- No hostages — accounts return immediately, not conditional on outstanding invoices.
A contract with no clear exit clause isn't a partnership agreement — it's a trap.
5. Term and renewal
Three months is a reasonable minimum so campaigns exit the learning phase and give you a real basis for judgement. After that, monthly or quarterly.
Be wary of: a full-year lock-in with no exit, and automatic renewal without notice.
6. Confidentiality and data
The agency will see your sales, margins and customer data. There should be a clear confidentiality clause — and conversely, if they want to use your work as a case study, that should require your permission.
7. Payment and late terms
Payment dates and what happens if one is missed. Clarity here protects the relationship rather than straining it.
Ask these before you sign
- What exactly is in scope and out of scope?
- How will success be measured, and when reviewed?
- Whose name are the accounts in?
- If I want to leave after three months, what happens?
- Who works on my account, by name?
- Is ad budget separate from fees?
- Does the price include VAT?
Our contracts define scope in detail and accounts are always in the client's name. See our pricing or talk to us.
What's the most important clause?
Asset ownership. The ad account, pixel, page and domain must be in your name. It's the most consequential clause and the least discussed — get it wrong and you lose months of data when you leave.
Should I put KPIs in the contract?
Yes, but carefully. Specify that measurement is on cost per result rather than reach, and how and when it's reviewed. But don't demand a guaranteed number — that pushes an agency to game the metric instead of doing the work.
How long should the term be?
Three months is a reasonable minimum so campaigns can exit the learning phase, then monthly or quarterly. Be wary of a full-year lock-in with no exit clause.