Drawing-up a contract for SMM support: 5 important rules

Maxim Maleykin

By hiring SMM support, the company plans to increase its revenue and attract new customers. However, proper preparation of SMM services documents cannot be neglected. A properly drafted SMM support agreement will reduce your legal risks. In addition, a detailed drawing up of the contract and technical specifications will help the actual achievement of the result. Since the concept of SMM itself is quite broad, the terms of the contract can be varied significantly and relate to different areas of regulation. You can read about what is better to include in the contract for SMM support in our article.

Contents:

What is a contract for SMM support?

SMM support - work or service?

The applicable regulation depends on the qualifications of SMM support. If SMM is a service, then applying Ch. 39 of the Civil Code of the Russian Federation. If SMM is a job, you should pay attention to Ch. 37 of the Civil Code of the Russian Federation. In judicial practice, an unambiguous approach has developed: SMM support is a service (for example, A73-11100 / 2019). In fact, this means that when you conclude this contract, the SMM specialist does not guarantee you the end result. His responsibilities include making every effort to achieve the goal that you stipulate in the contract.

What must be specified in the Agreement for SMM support?

In any contract, essential conditions can be distinguished, i.e., if you do not register them, the court will recognize your contract as not concluded. First of all, in the Agreement for SMM support, an essential condition is the subject, i.e., you need to prescribe what the responsibilities of an SMM specialist will be. A more detailed plan can be included in the Appendices to the Agreement.

Then it is necessary to stipulate the terms which these services will be performed and which payment by the customer will be made. This can be important for calculating a penalty: for example, the customer does not pay for services a penalty is charged on this amount from the moment of delay. Therefore, you need to agree on a time frame. However, it should be understood that the terms should be as flexible as possible and correspond to reality. Therefore, for specific SMM services, it is possible to determine the extension of the terms, since it will take time to make corrections, taking into account the customer's comments.

The value of the contract must also be indicated. It is also worth pointing out what this cost consists of: how specific services are paid for. Separately, you should take out the advertising budget. You can read more about its legal risks in our article "Legal Formation of an Advertising Budget". Often, a prepayment clause is included in the Agreement. In this case, you will write down the amount of payment and the time frame in which the cost will be paid, as well as the consequences of the lack of payment.

What annexes are drawn up to the SMM support agreement?

Courts often analyze attachments to contracts for SMM support. Applications become relevant when a dispute concerns the proper performance of services. The application can include a detailed plan of what is included in SMM support. In the Application, you can reflect the frequency which the service should be provided, for example, how often posts or stories are posted.

Rules for drafting technical specifications to the SMM support agreement?

The terms of reference can be one of the appendices to the Agreement for SMM support. The customer needs to take into account that if he wants to get the result he needs, he must state his requirements in as much detail as possible. Therefore, the terms of reference should include:

Social networks. The scope of support may vary by network to network, so at first it is worth deciding which social networks the SMM services will be carried out;
Target audience. If the company knows the target audience, then it is better to register it. Or the customer can analyze his product and ask to find out the target audience. The methods of SMM support depend on the target audience, so this is one of the initial stages;
Uniform style. SMM support assumes consistent promotion regardless of the social network, which is created a single image for the buyer;
Using an existing brand, i.e. it is better to inform the customer if the company already has a logo, slogans, characters. Then SMM support will not harm the customer's overall marketing campaign;
Additional terms. The customer may include a condition on the mandatory use or non-use of practices. For example, if a business brand is being advertised, excessive humor would be inappropriate.

The court may draw attention to the technical task. If the customer believes that SMM support was provided improperly, then the court will check the service according to the criteria contained in the terms of reference. However, ordinary screenshots cannot be used for evidence. The court will not accept them as evidence. According to established practice, information must be certified by a notary. Those in order to present a screenshot in court, you need to contact a notary to draw up a protocol for examining evidence (А60-61060 / 2019).

Thus, SMM support is a service and the result cannot be guaranteed to the customer. However, it is worth clarifying what actions you expect from the performer. How clear and definite the contract will be will determine your outcome at the end. In the Agreement, you can include conditions on the stages of work, terms, payment, etc. If you have any questions about how to properly draw up an agreement for SMM support, please contact A4 Law Firm lawyers.