Mnab Media LLC
Definations
1. Service Level Agreement (SLA)
An SLA defines the expected service standards and performance metrics between your agency and the client. It includes:
- Scope of Services: A detailed list of services provided (e.g., content creation, campaign management).
- Performance Standards: Specific KPIs (Key Performance Indicators) like response times, deliverable schedules, and engagement metrics.
- Uptime Guarantees: If applicable, guarantees on the availability of services (e.g., 99.9% uptime for a website).
- Support: Defines customer support availability (e.g., 24/7 or within business hours).
- Penalty Clause: Compensation for missed performance targets, such as discounts or free services.
2. Non-Disclosure Agreement (NDA)
An NDA ensures confidentiality between you and the client, protecting sensitive business information. Key elements include:
- Definition of Confidential Information: What is considered confidential (e.g., business plans, strategies, financials).
- Obligations of Parties: Both parties will not disclose or use the confidential information for any purpose other than the services provided.
- Term of Confidentiality: Specifies how long the confidentiality obligation lasts (usually 2-5 years or until termination of the agreement).
- Exclusions: Information that does not fall under confidentiality, like publicly available data.
3. Content Ownership Clauses
This clause outlines the ownership of digital content:
- Ownership Transfer: Who owns the content once it's created. Typically, the client owns the content after payment.
- Rights to Use: Mnab Media may reserve the right to use the content in portfolios or case studies unless otherwise agreed.
- Copyright and Licensing: Define who holds copyrights and whether any usage limitations apply.
4. Data Privacy and Security
This clause ensures data protection practices are in place, especially important if your agency handles customer data. Elements include:
- Data Collection: What data you collect (e.g., email addresses, analytics).
- Data Use: How data is used, ensuring compliance with privacy laws like GDPR.
- Security Measures: Encryption, secure storage, and access control to prevent unauthorized access.
- Data Breach Protocol Steps to follow if a breach occurs, including client notification and remedies.
5. Client Onboarding Process
This process ensures a smooth start for new clients:
- Initial Consultation: Discuss business goals, target audience, and project expectations.
- Gathering Assets: Obtain necessary resources like brand guidelines, logos, and social media access.
- Setting Up Tools Tools for project management, communication, and analytics.
- Kickoff Meeting: Align both parties on timelines, deliverables, and communication channels.
6. Performance Review and Feedback
This section ensures regular performance assessments:
- Review Frequency: Set intervals (e.g., weekly, monthly) for reviewing campaign performance.
- Key Metrics: Focus on specific KPIs like engagement rates, follower growth, or ROI.
- Feedback Loop: A structured process for clients to provide feedback on progress, strategy, or deliverables.
- Continuous Improvement: Adjust strategies based on performance reviews and client feedback.
7. Termination & Cancellation Policy
This clause outlines how either party can end the agreement:
- • Notice Period: Set a notice period (e.g., 30 days) for termination.
- Termination for Breach:Grounds for immediate termination, such as failure to meet obligations.
- Refunds & Payments:Clarifies payment obligations upon cancellation, such as prorated refunds or outstanding invoices.
8. Client Guidelines for Feedback
A structured feedback process ensures clarity and efficiency:
- Feedback Timelines: Specify how long clients have to review drafts (e.g., 3-5 business days).
- Format of Feedback: Whether feedback should be provided via email, project management tools, or documents.
- Revision Guidelines: Detail what type of feedback can result in revisions (e.g., factual errors or stylistic changes).
9. Revisions and Additional Work Charges
This clause manages expectations around changes:
- Included Revisions:State how many revisions are included in the service (e.g., 2-3 rounds per video).
- Additional Revisions:Detail costs for extra revisions or significant changes outside the original scope.
- Scope Changes:If a major change is requested, a separate proposal and quote will be issued.
10. Client Communication Policy
Clear communication guidelines build a smooth working relationship:
- Primary Communication Channels:Define preferred channels for communication (e.g., email, Zoom, WhatsApp).
- Response Times:Set expectations on how quickly both parties will respond (e.g., within 24 hours).
- Escalation Process:How to handle urgent issues or missed deadlines (e.g., escalate to a project manager).
In addition to the comprehensive service agreement, you may want to consider including the following:
- Project Timeline and Milestones:
Define clear timelines for each phase of the project, including deliverables and deadlines. This keeps both parties accountable and helps to manage expectations.
- Ownership of Raw Materials:
Clarify who owns the raw materials, such as project files, after project completion. This could include original videos, photos, and design assets used in marketing campaigns.
- Intellectual Property:
Specify whether the content created for the client can be repurposed for other clients or used in the agency's portfolio. This ensures clarity on intellectual property use beyond the specific project.
- Subcontracting:
Mention if any part of the work will be outsourced to third-party subcontractors and get the client’s approval if necessary.
- Amendment Clause:
Allow room for updates to the agreement if new services, technologies, or requirements arise. Both parties should agree on how amendments will be handled.
- Dispute Resolution:
Outline the procedure for resolving disputes, such as mediation or arbitration, to avoid lengthy legal proceedings.
- Force Majeure:
Address circumstances beyond control (natural disasters, political instability, etc.) that could affect the performance of either party and what actions will be taken.
- Service-Specific Clauses:
If some clients require different services, you can customize clauses based on unique service needs like video production, app development, or long-term digital marketing campaigns.