Insights

Client services agreement for digital marketing agency

18 November 2022

We work with a lot of digital marketing agencies and one of them approached us to draft a template client services agreement. They needed an agreement that was simple for clients to understand, but also protected them from future risk and took into consideration their intellectual property rights.

Using our knowledge of the services brand agencies deliver, we considered common disputes that arise and included clauses that would ensure our client was best placed to avoid potential disputes.

One way we did this was by suggesting that, rather than fully assigning the intellectual property of the work the agency creates to their client, the work is licenced to their client on a non-transferrable basis.

After the agreement was in place, a situation arose where one of the agency’s clients shared content with their overseas parent company. Using the agreement terms, our client was able to demonstrate that the licence only extended to the local Australian company and was not transferrable to the parent company.

Our client was able to negotiate an additional fee for this the overseas company’s usage – which was a great outcome for both parties.