Mgr. ANNA VEJMELKOVÁ, advokát

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Marketing Services Agreement – When You Need Strategy, Execution and Legal Clarity

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Working with a marketing freelancer or agency in the Czech Republic? This article explains how to set up a proper contract covering services, goals, and legal terms. Template available.

What is a marketing services agreement

A marketing services agreement is a flexible contract under § 1746(2) of the Czech Civil Code. It is used when one party (freelancer or agency) provides marketing services to another party (client), which may include:

  • paid ads (Google Ads, Meta Ads, Sklik…)

  • SEO (on-page, link-building, audits)

  • e-mail marketing (newsletters, automation)

  • strategy and consulting

  • analytics and reporting

  • content planning and promotion

📌 It is often a framework contract for long-term cooperation with updates via annexes or specific assignments.


When to use this contract
  • hiring a freelancer or marketing agency

  • ongoing cooperation across multiple platforms

  • hybrid services (SEO + PPC + newsletters + content)

  • structured collaboration with regular reporting and performance metrics


What the contract should include
  1. Parties’ identification

  2. Detailed list of services
    – scope, channels, tools
    – deliverables defined in annexes or orders

  3. Timelines and frequency (e.g., monthly reporting)

  4. Access to accounts and analytics tools

  5. Price and invoicing (hourly, monthly, per campaign, success-based)

  6. Performance indicators (e.g., CTR, CPC, conversions)

  7. Responsibility for content, legality, GDPR, and ad compliance

  8. IP rights to deliverables (graphics, texts, reports)

  9. Confidentiality and access control

  10. Duration, termination, and client transition protocol


✅ Benefits of a well-structured agreement
  • clear scope of services and KPIs

  • aligns expectations with reporting and documentation

  • secures ownership and access

  • legal clarity in data protection and advertising compliance

  • scalable framework for complex and evolving needs


❌ Common mistakes
  • vague “marketing services” with no details

  • missing reporting obligations or deadlines

  • unclear ownership of advertising accounts or content

  • no liability clause for ad violations or GDPR breaches

  • no provision for transition to another provider


💡 Pro tip

📌 Always attach:

  • a detailed service list and current scope as an annex

  • written rules for content approval, access and reporting

  • clear agreement on who owns data, assets and logins


Marketing Services Agreement Template – Offer

Available for a symbolic fee:
– Czech-English contract for agencies, freelancers or consultants,
– optional clauses: ad performance, reporting, licensing, GDPR, NDA
– legal advice for long-term and performance-based collaboration

Contact via form or e-mail – your marketing deserves legal structure too.

FINAL THOUGHTS – WHAT NOW?

Marketing services argreement isn’t  just a formality – it’s a legal shield, if drafted properly. And a trap, if not.

Do you want to be sure your contract will hold up even in a crisis? Get in touch and let’s schedule a meeting. I am a specialist on contract law – more information here

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