The Social Media Management Contract is essential for businesses operating in India who wish to outsource their social media presence to professional managers or agencies. This document is designed to comply with Indian legislation, including the Information Technology Act, 2000, and the Information Technology Rules, 2021, while providing a clear framework for the service relationship. It's particularly relevant in today's digital-first business environment where professional social media management has become crucial for brand building and customer engagement. The contract covers essential aspects such as service scope, deliverables, performance metrics, content ownership, data protection, and compliance with Indian digital media regulations. It's suitable for businesses of all sizes, from startups to large corporations, who need to formalize their social media management arrangements while ensuring legal compliance and protection of their business interests.
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1. Parties: Identifies the service provider (social media management company) and the client with their full legal names, addresses, and registration details
2. Background: Brief context about the client's business, their social media presence goals, and the purpose of engaging the service provider
3. Definitions: Defines key terms used throughout the agreement including 'Services', 'Social Media Platforms', 'Content', 'Deliverables', etc.
4. Scope of Services: Detailed description of social media management services to be provided, including platform management, content creation, and reporting
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
6. Fees and Payment Terms: Service fees, payment schedule, expenses, and late payment consequences
7. Service Provider's Obligations: Key responsibilities including content creation, posting frequency, engagement management, and reporting
8. Client's Obligations: Client responsibilities including providing timely information, approvals, and access to necessary accounts
9. Approval Process: Process for content approval, revision cycles, and timeline for client feedback
10. Intellectual Property Rights: Ownership and usage rights for created content, existing brand assets, and third-party content
11. Confidentiality: Protection of confidential information shared during the service relationship
12. Data Protection and Privacy: Compliance with data protection laws and handling of personal data
13. Representations and Warranties: Promises made by both parties regarding their capacity, authority, and service quality
14. Limitation of Liability: Limits on liability for various types of losses or damages
15. Indemnification: Mutual indemnification obligations for breaches, negligence, or third-party claims
16. General Provisions: Standard clauses including notices, assignment, entire agreement, and governing law
1. Crisis Management: Procedures for handling social media crises or negative publicity events
2. Performance Metrics: Specific KPIs and performance targets, used when client requires measurable outcomes
3. Additional Services: Framework for requesting and charging for services beyond the standard scope
4. Competitive Restrictions: Non-compete clauses when exclusivity is required in specific industry sectors
5. Influencer Management: Terms for managing influencer relationships and campaigns if part of services
6. Training and Knowledge Transfer: Terms for training client's staff on social media management, if required
7. White Labeling: Terms for providing services under client's brand name if operating as white label service
8. Social Media Advertising: Terms specific to paid social media advertising if included in services
1. Schedule A - Service Level Agreement: Detailed service specifications, response times, and performance standards
2. Schedule B - Fee Schedule: Detailed breakdown of fees, including base fees, additional service fees, and expenses
3. Schedule C - Platforms and Accounts: List of social media platforms covered and relevant account details
4. Schedule D - Content Calendar Template: Template for content planning and posting schedule
5. Schedule E - Reporting Template: Format and contents of regular performance reports
6. Schedule F - Brand Guidelines: Client's branding requirements and guidelines for social media content
7. Appendix 1 - Emergency Contact Protocol: Contact details and procedures for emergency situations
8. Appendix 2 - Approval Workflow: Detailed content approval process with timelines and responsibilities
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