Georgia marketing service contract template

Georgia Marketing Service Contract

This Georgia Marketing Service Contract is made and entered into as of [Date] by and between:

• [Marketing Service Provider Legal Business Name], a [State of Organization, e.g., Georgia LLC] with a principal place of business at [Marketing Service Provider Address] ("Provider"), and
• [Client Legal Business Name], a [State of Organization/Residency, e.g., Georgia Corporation or Georgia Resident] with a principal place of business/residence at [Client Address] ("Client").

1. Scope of Services

Provider agrees to provide the following marketing services to Client:

• Option A: Comprehensive Marketing Plan:
  • Developing a comprehensive marketing plan tailored to Client's business objectives, including but not limited to:
    • [Specific Deliverable 1, e.g., Digital Marketing Campaign Plan]
    • [Specific Deliverable 2, e.g., Content Creation Strategy]
    • [Specific Deliverable 3, e.g., Social Media Management]
• Option B: Specific Marketing Services:
  • Providing the following specific marketing services:
    • [Specific Service 1, e.g., Search Engine Optimization (SEO)]
    • [Specific Service 2, e.g., Pay-Per-Click (PPC) Advertising]
    • [Specific Service 3, e.g., Email Marketing Campaigns]
    • [Specific Service 4, e.g., Graphic Design]
    • [Specific Service 5, e.g., Influencer Collaboration]
    • [Specific Service 6, e.g., Analytics Reporting]
    • [Specific Service 7, e.g., Traditional Media Buying (Georgia specific)]
    • [Specific Service 8, e.g., Event Marketing (Georgia specific)]
    • [Specific Service 9, e.g., Public Relations]
    • [Specific Service 10, e.g., Market Research/Consulting]

2. Deliverables and Timelines

• Provider will deliver the following marketing deliverables according to the specified timelines:
  • [Deliverable 1, e.g., Initial Needs Assessment Report]: Completion Date: [Date]
  • [Deliverable 2, e.g., Marketing Plan Draft]: Completion Date: [Date]
    • Client feedback and approval required within [Number] days.
  • [Deliverable 3, e.g., Monthly Performance Reports]: Due [Number] days after the end of each month.
  • Quality standards: [Description of quality standards, e.g., error-free copy, brand compliance].
  • Performance Metrics (KPI): [List of KPIs, e.g., website traffic, lead generation, conversion rates].
  • Specific platform requirements: [Specify platform requirements e.g., Google Ads, Facebook Ads, Georgia specific demographic targeting].

3. Client Obligations

• Client shall provide Provider with the following materials and information:
  • [Material 1, e.g., Brand Guidelines]: Due Date: [Date]
  • [Material 2, e.g., Logos and Images]: Due Date: [Date]
  • [Material 3, e.g., Access to Website Analytics]: Due Date: [Date]
  • [Material 4, e.g., Testimonials]: Due Date: [Date]
  • [Material 5, e.g., Mailing Lists (compliant with Georgia's anti-spam laws)]: Due Date: [Date]
  • Client shall respond to Provider's requests for information and approvals within [Number] business days.

4. Service Location and Travel

• Option A: Remote Services:
  • Services will be performed remotely.
• Option B: On-Site Services:
  • Services will be performed on-site at Client's business location at [Client Address].
• Option C: Hybrid Services:
  • Services will be performed both remotely and on-site as needed.
  • Provider travel to Client location will be reimbursed for reasonable expenses, pre-approved by client.

5. Fees and Compensation

• Option A: Fixed Fee:
  • The total fixed fee for the services is [Dollar Amount].
  • Payment Schedule:
    • [Percentage]% upon signing this contract.
    • [Percentage]% upon completion of [Deliverable].
    • [Percentage]% upon project completion.
• Option B: Retainer:
  • The monthly retainer fee is [Dollar Amount].
  • Invoices will be submitted monthly.
• Option C: Hourly Rate:
  • The hourly rate is [Dollar Amount].
  • Time will be tracked and documented.
• Option D: Commission-Based:
  • Provider will receive a commission of [Percentage]% on [Specific Sales/Revenue].
• Late payment penalty: A late payment fee of [Percentage]% will be applied to invoices not paid within [Number] days of the due date.
• Client is responsible for any applicable Georgia sales and use tax.

6. Intellectual Property

• Client shall retain ownership of all pre-existing intellectual property.
• Provider shall own all right, title, and interest in and to any templates, methodologies, or licensed content used to create client materials.
• Original marketing content created by Provider specifically for Client under this contract shall be owned by:
  • Option A: Client.
  • Option B: Jointly by Client and Provider.
  • Option C: Provider (with a license granted to Client for use).
• Provider has the right to display non-confidential campaign results in professional portfolios, subject to client pre-approval.

7. Confidentiality and Data Protection

• Both parties shall keep confidential any proprietary or confidential information of the other party.
• Provider shall comply with Georgia's data breach notification law (OCGA § 10-1-912) and all applicable privacy regulations.
• Provider shall implement reasonable security measures to protect Client data.

8. Performance Obligations

• Provider shall use commercially reasonable efforts to achieve the agreed-upon performance metrics.
• Client-requested changes may impact project timelines and fees.
• Force majeure events specific to Georgia (e.g., severe weather) may delay project completion.

9. Warranties

• Provider warrants that all marketing content will be original, non-infringing, and compliant with Georgia and federal advertising laws, including the Georgia Fair Business Practices Act.
• Provider makes no warranties regarding search engine rankings or third-party ad platform outages.

10. Campaign Review and Acceptance

• Client shall review and approve campaign deliverables within [Number] business days.
• Provider shall correct any defects or non-conforming deliverables within a reasonable timeframe.

11. Maintenance and Follow-Up

• Provider will provide a maintenance and follow-up reporting period of [Number] days after campaign completion.
• Extended support or optimization will be subject to additional fees.

12. Termination

• Either party may terminate this contract upon [Number] days written notice.
• In the event of early termination, Client shall pay Provider for all services performed up to the date of termination.
• Upon termination, Provider shall transfer all completed work to Client.

13. Limitation of Liability

• Provider's liability for any breach of this contract shall be limited to the amount of fees paid by Client.
• Neither party shall be liable for consequential, incidental, or punitive damages.

14. Insurance

• Provider shall maintain professional liability or errors and omissions insurance coverage.

15. Compliance with Laws

• Provider shall comply with all applicable Georgia-specific advertising, anti-spam, and consumer protection laws.
• Refer to Georgia Code Title 10, Chapter 1, Article 15 for relevant statutes.

16. Dispute Resolution

• Any disputes shall be resolved through good-faith negotiation, followed by mediation or arbitration in Georgia.
• The exclusive jurisdiction and venue for any legal action shall be in the courts of Georgia.
• This contract shall be governed by the laws of the State of Georgia.

17. Amendments

• Any amendments to this contract must be in writing and signed by both parties.

18. Assignment

• Neither party may assign this contract without the written consent of the other party.

19. Subcontractors

• Provider may use subcontractors with Client's prior approval.

20. Notices

• All notices must be in writing and sent to the addresses listed above.

21. Execution

• This contract may be executed in counterparts, including electronic signatures, in accordance with the Georgia Uniform Electronic Transactions Act.

22. Schedules

• The following schedules are attached to and incorporated into this contract:
  • [Schedule A: Campaign Brief]
  • [Schedule B: Creative Guidelines]
  • [Schedule C: Data Processing Addendum]

IN WITNESS WHEREOF, the parties have executed this Georgia Marketing Service Contract as of the date first written above.

[Marketing Service Provider Legal Business Name]

By: [Name]

Title: [Title]

[Client Legal Business Name]

By: [Name]

Title: [Title]