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Contract for Offline Clients? Or Not?

by Daniel Clark
17 replies
Should I come up with a draft contract for my Offline Clients? I only ask as what's to stop them from saying thanks very much after we hit no.1 for their keywords and then cancel your service?
I'd charge a maintainer fee for the rankings and make it lower than the original quote for the keywords but they still might not think they need me anymore...
#clients #contract #offline
  • Profile picture of the author Rus Sells
    You have to make them understand that rankings aren't static. Every one else is trying to take those spots and thus they have a monthly budget to do so.

    If the client stops using you it means you stop maintaining the things you do to keep their rankings and they will eventually be gone from the top results.
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  • Profile picture of the author link82
    Hi Daniel, you should have some sort of contract in place. To protect yourself most importantly as well as your client. Real expectations, no bs.

    And they could say thank you very much and leave you. I'm doing 30 day contracts with my 1 client and he made his 5th payment a week ago. I try to boost not only their site but also other sites that are owned by me but promoting their business (think site rental pretty much). WHen they stop paying me, I'll take my properties and move on. They can have their one website.

    This way, you have your own strong web properties ripe for another client to use if the current one leaves you. That's what I'm learning. I'm sure more experienced Warriors will give you their input as well.
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    • Profile picture of the author Daniel Clark
      Originally Posted by Rus Sells View Post

      You have to make them understand that rankings aren't static. Every one else is trying to take those spots and thus they have a monthly budget to do so.

      If the client stops using you it means you stop maintaining the things you do to keep their rankings and they will eventually be gone from the top results.
      I like the idea of selling it to them with the competitor spin on it. That's sure to keep them interested and I'd like to think if they moved on and dropped out they'd have the sense to call back and stick it for the longterm.

      Originally Posted by link82 View Post

      Hi Daniel, you should have some sort of contract in place. To protect yourself most importantly as well as your client. Real expectations, no bs.

      And they could say thank you very much and leave you. I'm doing 30 day contracts with my 1 client and he made his 5th payment a week ago. I try to boost not only their site but also other sites that are owned by me but promoting their business (think site rental pretty much). WHen they stop paying me, I'll take my properties and move on. They can have their one website.

      This way, you have your own strong web properties ripe for another client to use if the current one leaves you. That's what I'm learning. I'm sure more experienced Warriors will give you their input as well.
      I intially thought of a 3 month contract and move from there. Did you have a template or anything that you used or just wrote out what to expect in plain English?
      Also the idea of using your properties to boost your results is a good idea but is there a risk you'll spread yourself too thin if you take on a large amount of clients?
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  • Profile picture of the author Hugh
    I don't even like the word "Contract." After coming to an
    AGREEMENT with the customer, I email a Memo Of Understanding
    to my client, asking them to approve by reply email. As Daniel
    says, in plain English.

    Hugh
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    • Profile picture of the author iAmNameLess
      Originally Posted by Hugh View Post

      I don't even like the word "Contract." After coming to an
      AGREEMENT with the customer, I email a Memo Of Understanding
      to my client, asking them to approve by reply email. As Daniel
      says, in plain English.

      Hugh
      Yeah and if it went to court you would be out of luck.

      Contracts are a must in business.. always have one. Call it an agreement or whatever other word you want but you need a written signature.

      Anyway, back to the OP, why would someone use your service and pay you for the work you have done to not deserve the rankings? Start doing a rent a site model if you're worried about it. I just feel that people should be able to quit a service whenever they want if it was already provided.

      If you do crappy keyword research just to get a good ranking for pointless terms, that isn't exactly ethical. Not saying you do this, but many people do.

      Provide them with enough value that they will never want to leave you.. that is the key.
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      • Profile picture of the author K Kumar
        Originally Posted by iAmNameLess View Post

        Yeah and if it went to court you would be out of luck.

        Contracts are a must in business.. always have one. Call it an agreement or whatever other word you want but you need a written signature.

        Anyway, back to the OP, why would someone use your service and pay you for the work you have done to not deserve the rankings? Start doing a rent a site model if you're worried about it. I just feel that people should be able to quit a service whenever they want if it was already provided.

        If you do crappy keyword research just to get a good ranking for pointless terms, that isn't exactly ethical. Not saying you do this, but many people do.

        Provide them with enough value that they will never want to leave you.. that is the key.
        Where could I find a contract I can use for rent a sites? Anyone?

        Sharing is caring
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  • Profile picture of the author A790
    Originally Posted by Daniel Clark View Post

    Should I come up with a draft contract for my Offline Clients? I only ask as what's to stop them from saying thanks very much after we hit no.1 for their keywords and then cancel your service?
    I'd charge a maintainer fee for the rankings and make it lower than the original quote for the keywords but they still might not think they need me anymore...
    Absolutely. No business should ever take place without a contract. This protects both parties involved and ensures the terms of the arrangement are clear and concise.

    I have all my clients sign yearly contacts, of which they are billed monthly. To ensure they don't try to cancel once they are ranked I do appropriate expectation setting during our initial sales conversations. I prepare them for every step of the way. This way nobody gets burned, I get paid, and the customer is happy.

    Some people don't like the word "contract". Those people typically haven't been in business long, or they won't be in business for long.
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  • Profile picture of the author believemarketing
    relationship first, the rest comes second... if you are not desperate, get rid of potential bad clients from qualification phase...
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    • Profile picture of the author midasman09
      Banned
      For MANY years...I've had an Ad Program whereby I would provide FREE "TV Channel Guides" to Hotels.

      These are 5 1/2 wide by 8 1/2 hi...laminated cards with TV Channel listings on them...placed in every room....for the Convenience of Room Guests (Their TV Channels at home, are different than those in the Hotel Room they're staying in)

      I usually got a Pizza Biz to have an Ad on the front and 4 to 6 other Advertisers to buy a space on back.

      The Hotels LOVED these....however....whenever I presented the Manager with an "Agreement" which required him to SIGN a sheet of paper....he balked and said, "He'd have to check with his "Higher Ups"....so....I decided NOT to have the Hotels sign anything. Just got the managers Verbal OK!

      And....I was able to operate this program for a good SEVEN YEARS (until I decided to do something else)

      So....with THIS program....I was able to set it up and keep it going for 7 yrs WITHOUT any kind of "written agreement". I'm talking about over 100 hotels.

      I'll never forget...I taught a buddy how to set up and operate this in THE, Niagara Falls....Wedding Resort of the World. I forgot to tell him NOT to try and get "Agreements" with the Hotel Mgrs.

      So....he gets a "Verbal OK" from 20 GREAT hotels in Niagara Falls and.... when he's ready to start selling ads.....HE decides (without checking with me first)....to make up an "Advertising Agreement" for the Mgrs to SIGN.

      Well....he calls me a week later and tells me he DID NOT GET ONE Hotel Mgr to "Sign" his Agreement (They had to check with their Regional Rep)

      So....granted....with SOME deals....one MUST have some kind of "Agreement". However...with MY "TV Channel Guide" program....it did NOT work.

      Don Alm....Sales Guy
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      • Profile picture of the author amarketing
        Originally Posted by midasman09 View Post

        For MANY years...I've had an Ad Program whereby I would provide FREE "TV Channel Guides" to Hotels.

        These are 5 1/2 wide by 8 1/2 hi...laminated cards with TV Channel listings on them...placed in every room....for the Convenience of Room Guests (Their TV Channels at home, are different than those in the Hotel Room they're staying in)

        I usually got a Pizza Biz to have an Ad on the front and 4 to 6 other Advertisers to buy a space on back.

        The Hotels LOVED these....however....whenever I presented the Manager with an "Agreement" which required him to SIGN a sheet of paper....he balked and said, "He'd have to check with his "Higher Ups"....so....I decided NOT to have the Hotels sign anything. Just got the managers Verbal OK!

        And....I was able to operate this program for a good SEVEN YEARS (until I decided to do something else)

        So....with THIS program....I was able to set it up and keep it going for 7 yrs WITHOUT any kind of "written agreement". I'm talking about over 100 hotels.

        I'll never forget...I taught a buddy how to set up and operate this in THE, Niagara Falls....Wedding Resort of the World. I forgot to tell him NOT to try and get "Agreements" with the Hotel Mgrs.

        So....he gets a "Verbal OK" from 20 GREAT hotels in Niagara Falls and.... when he's ready to start selling ads.....HE decides (without checking with me first)....to make up an "Advertising Agreement" for the Mgrs to SIGN.

        Well....he calls me a week later and tells me he DID NOT GET ONE Hotel Mgr to "Sign" his Agreement (They had to check with their Regional Rep)

        So....granted....with SOME deals....one MUST have some kind of "Agreement". However...with MY "TV Channel Guide" program....it did NOT work.

        Don Alm....Sales Guy
        That works out since the hotel isn't paying you. You're just providing them with something that will benefit their customers. However, you may want to do a contract with the companies that will be paying to advertise on that card (unless you get them to pay in full up front).

        I do see what you are talking about though, and it's a really good point. There are times when a contract isn't the most appropriate thing.

        However, for the times when you do want to use a contract, what's the best way to go about doing it over the internet? Obviously, if you client is far away, he can't sign it in person.

        Thanks for any insights.
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  • Profile picture of the author Jay Rhome
    Naming the document "Agreement" instead of "Contract" might look like semantics, and well it is, but I'm convinced it gives a slight edge. Nothing magical but any little thing counts over time.

    If you make them buy online, have a check box with the TOS/Agreement. Much easier to click a box than read and sign a paper document. I have not found how to make this check box thing mandatory from a techie standpoint, but I'll outsource this in the very near future.

    Also, there are sites like echosign.com, to allow "e-signatures". Again, a less painful way to go at it. But to the original question, I say yes, you need one.
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  • Profile picture of the author Hugh
    iAmNameLess,

    Go to court?? About what?? If he doesn't like what I do, or the way I do it -
    I DON"T WANT his money. But he won't get my website. But go to court???
    Never.

    Hugh
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    "Some see private enterprise as a predatory target to be shot, others as a cow to be milked, but few are those who see it as a sturdy horse pulling the wagon." -- Winston Churchill

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    • Profile picture of the author iAmNameLess
      Originally Posted by Hugh View Post

      iAmNameLess,

      Go to court?? About what?? If he doesn't like what I do, or the way I do it -
      I DON"T WANT his money. But he won't get my website. But go to court???
      Never.

      Hugh
      Ahh.. then I guess you haven't dealt with big companies. The thing is, a contract protects you in more ways than just the payments. If hosting goes down for a couple hours and its out of your control, you can be sued for the loss of revenue if they are using different marketing techniques... there are people that spend 5K a day with google adwords, while running groupon, while running tv and radio ads, and you can be liable for POTENTIAL damages during those couple hours.

      Doing SEO? Get a #1 ranking for a major term? Google issues an algo change and you lose that ranking and all traffic associated with it? Then expect to be liable if you don't have a contract.

      Anyone that says a written contract isn't necessary, is a chump that is a bad business man.

      Some of you are too short sighted to understand the need for contracts and how they can protect you ASIDE from payments owed to you.
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      • Profile picture of the author Daniel Clark
        Originally Posted by iAmNameLess View Post

        Ahh.. then I guess you haven't dealt with big companies. The thing is, a contract protects you in more ways than just the payments. If hosting goes down for a couple hours and its out of your control, you can be sued for the loss of revenue if they are using different marketing techniques... there are people that spend 5K a day with google adwords, while running groupon, while running tv and radio ads, and you can be liable for POTENTIAL damages during those couple hours.

        Doing SEO? Get a #1 ranking for a major term? Google issues an algo change and you lose that ranking and all traffic associated with it? Then expect to be liable if you don't have a contract.

        Anyone that says a written contract isn't necessary, is a chump that is a bad business man.

        Some of you are too short sighted to understand the need for contracts and how they can protect you ASIDE from payments owed to you.
        Interesting point on the advertising revenue lost and how you could be liable for that so although I'm not dealing with the big boys here I will be putting in for the contract and if the owners don't want to sign I'll have to move on.
        Thanks guys for the input!
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  • Profile picture of the author ImDanHoward
    I think it depends on the client. How big, what they expect and so forth. I have met and have had others tell me they have landed some decent sized clients on just a hand shake. I guess it really comes down to your relationship with them.

    I agree though, if it's a complex, big $ contract, then you better put that baby in writing.
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  • Profile picture of the author Hugh
    When I have dealt with a homeowner/retail types, I will not begin
    any service without a signed contract. But with small, independent businessmen, I'd rather have a handshake. I just don't do business
    with companies that have a lawyer on staff. Been working for me
    for over thirty years.

    Hugh
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    "Never make someone a priority in your life who makes you an option in theirs." Anon.
    "Some see private enterprise as a predatory target to be shot, others as a cow to be milked, but few are those who see it as a sturdy horse pulling the wagon." -- Winston Churchill

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  • Profile picture of the author beeswarn
    What you've learned to call a "contract" is just a written memorial of agreements you've already made with your client. Get one for every job you've agreed to do.

    If your client won't sign one, assume he's dishonorable or just a chump and don't do business with him.
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