Important note: This article provides general information for organizing the scope of work between a business and a service provider, and doesn’t constitute legal advice of any kind. It’s always recommended to consult a lawyer or qualified legal advisor before finalizing any contract.
Many disputes between businesses and account management service providers don’t arise from bad intent, but from an unclear contract: Who owns the account? Who owns the original design files? What happens if approvals are delayed? These questions should be settled in writing before work begins, not during the first dispute.
This guide explains the general clauses any social media management contract should preferably include, as a general framework for discussion with your legal advisor — not as a ready-made template for signing. If you’re still at the stage of choosing the provider itself before signing, check our guide on how to choose a social media management agency in Kuwait.
Party Details
The contract should precisely specify the contracting parties (the company and the service provider), and each party’s official contact details.
Contract Duration
A clear specification of the contract’s start and end, and whether it renews automatically or needs explicit renewal.
Scope of Work
This is one of the most important clauses in the entire contract; it should precisely clarify exactly what the work includes, to avoid any later dispute over what’s "included" and what’s an "additional service."
Platforms Covered
Specifying exactly which platforms (Instagram, TikTok, LinkedIn, Snapchat…) are covered under the contract, rather than a general assumption that "all platforms" are included.
Number and Type of Materials
Specifying the number of posts, and the type of content (images, video, Reels, Stories) expected to be produced within the agreed period.
Is Photography, Design, and Editing Included?
The contract should explicitly clarify whether these services are within scope, or are separate additional services, to avoid a mistaken assumption by either party.
Idea Submission Process
Who proposes content ideas? The company? The service provider? Or both, in coordination?
Approval Process
How is content reviewed and approved before publishing? And who has final approval authority? It’s also preferable to define who bears responsibility for the accuracy of information, prices, offers, and claims within the content, especially in medical, financial, and legal sectors.
Number of Edit Rounds
Specifying the number of edit rounds allowed per piece of content within the agreed price, and what happens if a request exceeds that number.
Responsibility for Publishing and Scheduling
Clarifying who actually handles scheduling and publishing content on the platforms.
Responsibility for Responding to Messages and Comments
Determining whether this responsibility is within the contract, and its exact scope (initial response only, or complete follow-up).
The Boundaries of Community Management and Customer Service
As explained in our guide to the difference between Community Management and Customer Service on social media, it’s useful for the contract to clarify where general engagement responsibility ends and where specialized customer service responsibility begins, and which cases should be escalated directly to the company.
Managing Paid Advertising
Clarifying whether managing paid ad campaigns (Paid Media) is within the contract or a fully separate service, as explained in our digital advertising guide for businesses in Kuwait.
Separating Management Fees From the Ad Budget
It’s important for the contract to make clear that account management fees are completely separate from the actual ad spend budget itself, to avoid any later financial confusion.
Ownership of Accounts and Digital Assets
It’s best for the contract to clearly state that accounts and core digital assets are created under the company’s name, with the service provider granted only the permissions needed for management.
Ownership of Photos, Videos, and Original Files
Specifying who owns the source files (RAW) after the contract ends, and whether they’re handed over to the company or remain with the service provider.
Content Usage Rights
Clarifying whether the service provider has the right to use the company’s work as samples within its own portfolio, and under what conditions.
Confidentiality
A clause requiring both parties to maintain confidentiality of any sensitive business information they access during the collaboration.
Account Access and Passwords
Specifying a secure access mechanism, including:
- Using official permissions instead of directly sharing passwords
- Enabling two-factor authentication
- Specifying exactly who is authorized to access
- Revoking access when staff change at either party, or when the contract ends
Customer Data Protection
A clause requiring the service provider to handle any customer data they access while responding to messages or managing campaigns with care.
Reports and Performance Metrics
Specifying the type of reports (basic or analytical), their frequency, and the metrics they’ll be measured against.
No Guarantee of Results, Sales, or Follower Count
It’s best for the contract to explicitly state that the service doesn’t guarantee a specific outcome (sales, follower count, engagement rate), to avoid unrealistic expectations from either party.
Payments and Payment Terms
Specifying payment amounts, their timing, and payment method. The factors that originally affect the value of these payments are covered in our guide to how much social media account management costs in Kuwait.
Additional Costs
Clarifying how any requests outside the original scope of work (additional photography, an urgent campaign, additional content) are calculated.
External Costs and Subscriptions
It’s useful for the contract to clarify each party’s responsibility for external costs not included within the management fees itself, such as:
- Scheduling and account management tools
- Licensed photos or music
- Costs of photography, locations, and people involved in the shoot
- Influencers
- Messaging or external systems
- Ad budget
Delayed Approvals
A clause clarifying what happens to the timeline if the company delays providing the required approvals.
Requests Outside the Scope of Work (Change Requests)
A general clause clarifying the mechanism for approving and pricing any new or urgent request not covered by the original scope of work, before starting its execution, to avoid any later confusion over whether the request is included within current fees or needs an additional agreement.
Handling Crises and Sensitive Comments
Defining a general mechanism for quick escalation in the event of a crisis or a widely spread negative comment that needs an immediate decision from the company.
Contract Termination
Terms for either party to terminate the contract, and the notice period required before termination.
File and Permission Handover Upon Termination
A clause ensuring the handover of all files and permissions to the company within a clear, contract-specified delivery period, with the service provider’s permissions revoked after the handover is complete, regardless of the reason for termination.
Governing Law and Dispute Resolution
It’s preferable for the contract to generally reference the governing law and a dispute resolution mechanism, while reiterating the need to consult a legal advisor to draft this clause precisely to fit the nature of the agreement.
Checklist Before Signing the Contract
- Is the scope of work written in detail, not in general terms?
- Is ownership of the account and files explicitly clarified?
- Is the number of edit rounds specified?
- Is paid advertising clearly separated from management?
- Is there a clause on not guaranteeing results?
- Are termination terms and file handover clear?
- Have you reviewed the contract with a legal advisor before signing?
Frequently Asked Questions
Does this article replace consulting a lawyer?
No. This article provides a general framework for discussion and understanding common clauses only, and isn’t a substitute for specialized legal review before signing any contract.
Who should preferably own the accounts and digital assets?
It’s best for the company running the business to be the owner of the accounts and core digital assets, with the service provider granted the necessary management permissions. This should be explicitly clarified in the contract.
Does the service provider have the right to use my work in their own portfolio?
This depends entirely on what the contract states; it’s best to specify this condition explicitly instead of leaving it open to interpretation.
What happens if I don’t approve content by the specified time?
The contract should clarify the impact of this delay on the publishing timeline, so the service provider isn’t held responsible for a delay they didn’t cause.
Can the contract guarantee an increase in followers or sales?
It shouldn’t; the contract should explicitly state that the service doesn’t guarantee a specific outcome, since that depends on multiple factors outside any party’s full control.
Ready to Talk to Zain Media?
If you’re reviewing a contract for managing your accounts or preparing a clear scope of work before signing, Zain Media can help you define the scope and responsibilities clearly, while always emphasizing the importance of reviewing the final contract with a qualified legal advisor.