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Web marketing agreement

Price:  £35.00(Inc. 20% VAT)(£29.17 Exc. VAT)

This agreement can be used in connection with the provision of web marketing services, including SEO, PPC management and services relating to email marketing and affiliate marketing.

To reduce the likelihood and potential seriousness of disputes, the parties to a website marketing arrangement or project should enter into a formal website marketing agreement. This agreement is designed for that purpose.

We designed this agreement for use in relation to a wide range of web marketing services, such as on-site search engine optimisation (SEO), link building and link generation, social media promotion, and the management of email marketing and affiliate marketing programmes.

In addition to the provisions of the "standard" agreement, the "premium" version also contains terms covering (inter alia) a minimum term, confidentiality obligations, publicity, additional customer obligations and contractual notices.

The document is in traditional "agreement" format, and should be signed in hard copy by or on behalf of each of the parties.

  1. Definitions and interpretation
  2. Term
  3. Services
  4. Customer responsibilities
  5. Legality
  6. Intellectual Property Rights
  7. Charges and payment
  8. Warranties
  9. Limitations and exclusions of liability
  10. Data protection
  11. Confidentiality (premium only)
  12. Publicity (premium only)
  13. Termination
  14. Effects of termination
  15. General
The web marketing agreement is 13 or 15 pages long (including the footnotes cover sheet) and is supplied in MS Word (.doc) format.

Does the agreement disclaim liability in relation to damage to a customer's reputation?

Yes. It includes an optional exclusion of liability in relation to "loss or damage to reputation or goodwill". Whether such an exclusion is enforceable in any particular case is another matter, and one on which you may wish to take legal advice.

Our web marketing services involve confidential techniques. Does the web marketing agreement restrict the disclosure of such secret techniques?

The template includes a short-form confidentiality clause, which can cover this type of information.

We are in the process of instructing a new web marketing agency, and want to stop them from making their work for us public. Does the contract do this?

The easiest way to do this would be using the publicity section that appears in the premium version of this agreement.

We charge clients based on a daily rate. Does the web marketing agreement cover this?

The charging clause contemplates the possibility of charging based on an hourly rate. It would be relatively straightforward to alter this to a daily rate.

Does the contract include a clause guaranteeing particular results from SEM work?

No. In fact, it includes an optional clause that specifically provides that the supplier does not warrant or guarantee particular results, and furthermore that where particular targets have been agreed, they are not warranted and a failure to meet the targets will not constitute a breach of the agreement. You can of course delete this optional clause and include binding targets if you wish: just be sure that the targets are tightly defined and achievable.

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