Despite the fact that social media marketing usually falls within the scope of self-employment, you should cooperate with a specialist exclusively on the basis of a contract. Thanks to this document, both parties will be able to convince each other of good faith and compliance with obligations, and in case of unsuccessful cooperation, they will be able to dissolve the contract without claims and lengthy procedures.
Sample contract with an SMM
specialist
By drawing up a contract, both parties receive:
●
a guarantee of compliance with the
agreed terms
●
protection of rights (including
financial);
●
a regulation of labor relations,
on the basis of which one of the parties has the right to sue the other in case
of violation of the contract clauses;
●
protection of the contractor's
copyrights (if the client starts to deny them or use the marketing specialist's
work for personal benefit).
The contract is legally binding, therefore it must be drawn up in accordance with the rules:
- Upper middle
part - contains the number of the contract and the exact name of the
services provided ("Advertising in social networks").
Abbreviations and the use of foreign words are not allowed in this line.
(i.e. you cannot write "social
media", "social networks", etc.).
- Below that
on the right side is the date of the contract (dd / mm / yy).
- The essence
of the contract, in which the SMM specialist (executor) and the client
confirm their mutual obligations in the present tense. Below you will find
the (individually negotiated) clauses of the contract.
- Be sure to
mention the clauses that have been decoded. That is, if the cooperation
implies working on modern projects, the document should contain detailed
explanations of professionalisms and foreign words (e.g. "advertising
campaign", "longread", "SMM", "promotional
tools", etc.). This is necessary so that the attorney can understand
the essentials and protect the plaintiff's rights in the event of a lawsuit.
- Below are
the signatures of both parties.
How to properly draft an SMM
services agreement:
It is worth remembering that there are no
identical contracts - the structure is always different depending on the number
of items agreed upon. Above, only binding (unchangeable) rules were mentioned,
which must be observed when drafting the contract.
Mediator: does it make sense
There are a lot of companies that offer help with the contract. Whether you contact them or not - decide for yourself.
The involvement of a mediator in the execution
of the contract makes sense if one of the parties is not competent in the legal
intricacies, has never worked together as equals or has not drawn up such
agreements. In this case, a professional lawyer will help to discuss the issues
of interest, correctly describe the essence of the obligations and explain the
meaning of complex terms. If the parties are not drafting an agreement for the
first time or renewing it, the involvement of a mediator is not necessary.
Comments
Post a Comment