Contract for SMS marketing

8 replies
Does anyone know where I can find a contract to use with my customers when selling my SMS marketing services? Or what should actually be on one?
#contract #marketing #sms
  • Profile picture of the author bigbrian76
    Originally Posted by mrcouchpotato View Post

    Does anyone know where I can find a contract to use with my customers when selling my SMS marketing services? Or what should actually be on one?
    Here is what you should include in your contract (amongst all the other legalese) - and by no means is this a complete list:

    1. Remind the client what they are signing up for.
    2. Remind the client of the terms of the agreement.
    3. Remind the client of the cancellation policy.
    4. Remind the client of the terms of payment.
    5. Remind the client of the non-payment penalties & non-payment cancellation provision.
    6. Remind the client of your policy regarding the privacy of their customer's data and your client's ability to have access to this data.
    7. Remind the client of dispute resolution policies and legal indemnification.
    8. Include a "hold harmless" agreement - this is covering you and your employees' butts from personal lawsuits.
    9. Include a provision that amendments to the agreement must be signed by both parties.

    If you are seeking a generic contract, PM me your contact info, and I can dig one up you can look over.

    Cheers,
    Brian
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    Brian Schilling

    Zero BS Marketing

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  • Profile picture of the author iAmNameLess
    You could just use a standard contract. I wouldn't suggest using a free template as a basis of a contract. If you're getting clients, it is a good idea to take yourself seriously, and put caution in your business and visit an attorney to write up a contract for you that you can regularly adjust. I have lucked out, and I have a lot of family members that are in law.

    If you don't want to follow my advice, this will save you time searching...

    Mobile Marketing / SMS marketing Contract:


    This contract is entered into between (company name) and _____________________ (hereinafter referred to as “Client”) on the ___ day of ___________, 201__.
    1. (Company name) will provide Client with Mobile Marketing / SMS Marketing Services (hereinafter referred to as “SMS Marketing”) as described in this contract. (Company name) will use a specific mobile keyword(s) and/or phrases to improve the marketing and visibility of, (Company name) (You can also mention something about increasing profits, but since this is something that you would then have liability for, I don't suggest it)
    2. The total fee for the SMS Marketing to be provided is $amount/USD. All fees must be paid in full prior to the start of campaign. (<- or insert your own payment schedule here).
    (Company name)'s SMS Marketing services are intended to serve two main purposes: 1) to provide the Client with increased exposure, and 2) Find out what your clients needs are, and just populate this section with his/her needs.


    (Company name)'s SMS Marketing Services will include (but are not limited to):
    • Using your keyword to get clients/customers to subscribe to your mobile marketing list
    • Table tents/posters/flyers to promote the SMS list ( if you want to upsell, get them a fan page to also increase opt ins without them having to be at the restaurant, bar, or establishment)
    • Set up of the SMS campaign(getting the keyword, setting up their list, listen to them BS for a while
    • Maintain and manage the mobile marketing opt in list, produce strategic planning to ensure highest possible success

    • Sending the messages to the subscribers, providing ideas and advice to increase overall sales from the list

    • Anything else you want to add...


    3. For the purposes of receiving professional SMS Marketing services, Client agrees to provide the following:
    • Access to records, sale totals of the bar, and restaurant(Might need to include a NDA)

    • Coupon codes to offer through the SMS Marketing campaign to promote growth of the list

    • Special offers to the established list to promote higher sales to opt in members of the list

    • Specials, artwork, information to be listed on table tents, posters and other marketing materials.
    • Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by (Company name) for everything related to the SMS Marketing purposes.
    .

    4. Client must acknowledge the following with respect to SMS Marketing services:
    • All fees are non-refundable.
    • All fees, services, documents, recommendations, and reports are confidential.
    • (Company name) has no control over the policies of SMS Providers with respect to any new laws that may occur.
    List whatever other stuff you would like.


    5. (Company name) is not responsible for changes made to the SMS Marketing campaign( if you're doing this right, then you don't need to worry about this. You should be managing and maintaining, not letting them see anything on the backend.

    6. Additional Services not listed herein (such as managing pay-per click campaigns, google places optimization, facebook fan page creation, press release distribution, yada yada etc.) will be provided for a fee of $XX-$XXX per hour.
    7. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to (Company name) for inclusion on the SMS Marketing materials above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend (Company name) and its subcontractors from any liability or suit arising from the use of such elements.
    8. Venue and Dispute Resolution: <insert here>
    Note: Such provisions explain what will happen if there is a problem. It is a good idea to pick a venue that is favorable to your company (the provision should indicate what state’s law applies). You can choose whether you want to limit your dispute resolution options though. For example, many businesses require binding arbitration and prohibit lawsuits. Which option your business prefers depends on its size and the types and locations of its clients. Binding arbitrations are popular because they are generally cheaper, faster, and confidential.

    Client Name: ________________________________________
    Client Signature ___________________________________
    Date: _______________

    Company Name: ______________________________________
    Signature _________________________________________
    Date: _______________
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    • Profile picture of the author mrcouchpotato
      Thanks guys. I appreciate it.

      To IAMNAMELESS, you're awesome. Thanks for posting that sample contract. It's definitely something I can use to get started. I'll tweak it a bit to fit my needs, but you saved me a ton of time. Kudos to you.
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  • Profile picture of the author onlinemadia
    SMS marketing contract can have the data about number of SMS or receivers. some companies like to have a contract on the base of figures
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  • Profile picture of the author rickstopfive
    THANKS VERY MUCH FOR THE START CONTRACT SAVED ME A LOT OF TIME
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    • Profile picture of the author yougpeter
      Thanks for that contractor.Great
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      • Profile picture of the author Dante2k
        A big thank you to iamnameless for that sample contract. A few tweeks for personal use and I had what I needed.

        Way to give a hand.
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  • Profile picture of the author kimboslice
    Thanks for the sample contract.
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