A number of companies are interested in promoting in the Belarusian market. To organize promotion, companies conclude contracts for the provision of marketing and advertising services. Often, templates of such contracts are offered to clients by companies that are engaged in promotion. To protect your interests, you need an analysis of these contracts by an experienced lawyer.
Features of the contract for the provision of marketing services
The contract for the provision of marketing services is concluded in writing. The rules on the contract for the provision of paid services and general provisions on the provision of services apply to such an agreement.
Under the contract for the provision of marketing services, one party (the customer) forms a technical specification for the service provider, the contractor provides the services listed in the contract and the technical specification, and the customer accepts and pays for them.
The main terms of the contract for the provision of marketing services
- It is important to describe in detail the services that the contractor will provide.
- You need to specify the price of the contract or the procedure for determining it.
- The order of calculations.
- The term of the contract and the period during which the services are provided.
- Registration of the results of the provision of marketing services
The results of the provision of marketing services are issued with a report on the services rendered and an act of acceptance of the services rendered. The contractor can provide the customer with analytical tables, social network statistics, a report or other documents.
Personal data issues
When monitoring the quality of marketing services provided, special attention should be paid to the processing of personal data of individuals for marketing purposes. In particular, the consent of an individual is required for the processing of personal data, when this is not related to the conclusion of a contract with him. In case of violations in the processing of personal data, there may be fines from government agencies. Our experienced lawyers will advise you on the processing of personal data of individuals for marketing purposes.
Features of the contract for the provision of advertising services
An agreement for the provision of advertising services is concluded when a company wants to advertise its goods, work, and services. The rules on the contract for the provision of paid services are also applied to the contract for the provision of advertising services, taking into account the specifics of advertising legislation.
Terms of the contract for the provision of advertising services
In the contract for the provision of advertising services, it is necessary to provide:
- What actions will the advertiser or performer perform in the interests of the advertiser or the customer.
- What kind of services will the contractor provide.
- Where and how advertising services will be provided.
- Usually indicate the term of the contract and the territory in which it is valid.
We recommend that you specify in the contract the requirements for the quality of advertising services and how the process of providing services for payment is designed.
Promotional events
The contract for the provision of advertising services may involve an advertising event: an advertising campaign or an advertising game for your company. There are certain requirements for the conduct of such events, if violated, fines are possible. Therefore, we recommend using the services of our experienced lawyers when conducting promotional events.
Registration of the results of the provision of advertising services
Usually, the parties agree on the design of advertising services with an act on the provision of services, which confirms the provision of services by the contractor and their receipt by the customer.
Disputes over contracts for the provision of marketing and advertising services
Disputes under contracts for the provision of marketing and advertising services are resolved in the manner specified in the contracts.
Mandatory pre-trial dispute resolution procedure
When an agreement is concluded between companies and an individual entrepreneur, a mandatory pre-trial dispute resolution procedure applies. By default, this is the claim order. That is, the party that does not comply with the terms of the contract must send a written claim with an offer to compensate for losses or perform other actions. Our lawyers will study all the documents, prepare a claim and track the response time to it by the second party. The claim procedure for dispute resolution is given 30 calendar days. There may be another term in the contract.
Judicial procedure for dispute resolution
You can go to court when a response to a claim has not been received within a month or a refusal has been received in response. A statement of claim is submitted to the court, in which you need to substantiate your claims. The statement of claim must be accompanied by documents that confirm the requirements listed in the claim. Our experienced lawyer can prepare a package of documents for the court, and the lawyer will represent your interests in court.
Before submitting documents to the court, you need to pay a state fee. This is usually 5% of the amount of the claim.
How we can be useful to protect the interests of the customer under contracts for the provision of marketing and advertising services
Our lawyers and attorneys are experienced specialists in the contractual and advertising sphere and speak English. We can:
- Analyze the contract template that was given to you by a marketing, advertising company and explain how the terms of the contract affect the interests of your business;
- Give recommendations on amendments to contracts to protect your interests;
- Develop contracts for the provision of marketing and advertising services, taking into account the interests of your business;
- Negotiate or make a claim to protect your interests under contracts for the provision of marketing and advertising services;
- Represent your interests in court proceedings in the event of a dispute.
Contact us
If you have any questions or disputes about contracts for the provision of marketing, advertising services — we will be happy to help you! Our many years of experience in the contractual and advertising spheres will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
