The Digital Marketing Services Agreement is essential for businesses engaging external digital marketing expertise in Malaysia. It provides a legal framework for digital marketing services while ensuring compliance with Malaysian laws including data protection, electronic commerce, and advertising regulations. This agreement is particularly relevant in today's digital-first business environment, where companies increasingly rely on professional digital marketing services for online presence and customer engagement. The document covers crucial aspects such as service scope, deliverables, performance metrics, data handling, intellectual property rights, and payment terms, while incorporating necessary protections for both service providers and clients.
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1. Parties: Identification of the service provider and client, including registration numbers and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used in the agreement, including digital marketing terminology
4. Scope of Services: Detailed description of digital marketing services to be provided, including platforms and channels
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment: Payment terms, fee structure, and billing procedures
7. Service Provider Obligations: Key responsibilities and commitments of the digital marketing agency
8. Client Obligations: Client's responsibilities, including provision of materials and approvals
9. Performance Metrics and Reporting: KPIs, reporting requirements, and performance measurement criteria
10. Intellectual Property Rights: Ownership and usage rights of marketing materials and content
11. Data Protection and Privacy: Compliance with PDPA 2010 and data handling requirements
12. Confidentiality: Protection of confidential information and trade secrets
13. Warranties and Indemnities: Guarantees of service quality and indemnification provisions
14. Limitation of Liability: Caps on liability and exclusions
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Social Media Management: Detailed provisions for social media account management and posting schedules - include when social media management is a key service
2. Content Creation and Approval: Specific procedures for content creation and client approval - include for content-heavy services
3. SEO Services: Specific provisions for search engine optimization services - include when SEO is part of the scope
4. PPC Advertising: Terms specific to pay-per-click advertising management - include when handling paid advertising
5. Third-Party Platforms: Terms governing the use of third-party marketing platforms - include when using external tools
6. Crisis Management: Procedures for handling social media crises or negative publicity - include for high-profile clients
7. Influencer Marketing: Terms specific to influencer collaboration and management - include when offering influencer marketing services
8. International Data Transfers: Provisions for cross-border data transfers - include when operating internationally
1. Schedule 1 - Service Level Agreement: Detailed performance metrics, response times, and service standards
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment structure, and additional costs
3. Schedule 3 - Scope of Work: Detailed description of specific campaigns, deliverables, and timelines
4. Schedule 4 - Reporting Ƶ: Standard formats for performance reports and analytics
5. Schedule 5 - Approved Platforms and Tools: List of authorized marketing platforms and tools to be used
6. Appendix A - Client Brand Guidelines: Client's branding requirements and style guide
7. Appendix B - Content Approval Process: Workflow for content review and approval
8. Appendix C - Emergency Contact Protocol: Contact details and procedures for urgent situations
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