Terms and conditions for a social media agency

A social media agency speaks in the client's name, on platforms with their own rules, to an audience that responds publicly. The terms have to make the client own its accounts and approve what is said in its name, define moderation and crisis handling, deal with paid spend and creators, and hand the accounts back cleanly at the end. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Social media management, content and community agencies in England and Wales running accounts, producing content and managing paid social for business clients on monthly retainers. These are business-to-business terms.

What matters in social media agency terms

Account ownership and access

The client's accounts are the client's. The terms should say that accounts are opened in the client's name and ownership, that the agency is given administrator or partner access rather than the login, that the client keeps recovery details and payment methods, and that access is removed on exit. An account opened in the agency's name will cause a dispute when the relationship ends.

Content, approvals and what is said in the client's name

The terms should set the approval process: content is submitted for approval, the client approves within a stated time or it is treated as approved, and the client is responsible for the accuracy of claims about its products, for compliance of its offers with the unfair commercial practices rules in Part 4 of the Digital Markets, Competition and Consumers Act 2024 and the advertising codes, and for clearing any material it supplies. The agency performs the services with reasonable skill and care and is not responsible for how audiences react to approved content.

Platform rules, moderation and crises

The platforms' terms and community standards apply to everything posted, and the terms should say that a suspension, removal or change of reach imposed by a platform is not a breach by the agency. Moderation of comments and messages should be defined: what is deleted, what is escalated, and the response times you commit to, with a separate process and fee for a crisis that needs out-of-hours work.

Paid social, creators and third-party costs

Advertising spend should be paid by the client directly through its own ad accounts or passed on with a stated handling charge, and the terms should say that spend is non-refundable once committed and that results from paid campaigns are not guaranteed. Influencer and creator fees, licences for music, fonts and stock, and platform fees are third-party costs the terms should treat the same way. Under the Copyright, Designs and Patents Act 1988 content passes to the client on payment, with the agency keeping its tools and templates and a portfolio right.

Fees, liability, data and exit

Retainers are invoiced monthly in advance with interest and fixed compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998 and a right to suspend. Liability should be capped at a figure matching your insurance, with consequential loss excluded, tested for reasonableness under the Unfair Contract Terms Act 1977. Where you handle the client's customers' messages you process personal data under the UK GDPR and the Data Protection Act 2018 and the terms need the processor provisions. On exit, access is removed, scheduled content is handed over or cancelled, and work done is paid for.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A post the client approved caused a backlash. Who is responsible?

If the terms say the client approves content and is responsible for the claims and the offer, and the agency performed the services with reasonable skill and care, the reaction is the client's to own. A crisis process in the terms lets you help without taking the blame.

The platform suspended the client's account. Are we liable?

If the terms say that platform actions are outside your control and not a breach, you are not, provided the content complied with the platform's rules as far as you could tell. Keep the approval records.

The client wants the account we set up for them. Do they get it?

If the terms say accounts are owned by the client, they do, and the agency hands over administration on exit. If the account was opened in the agency's name, the terms should still provide for transfer, which is why the ownership clause matters from day one.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a marketing agency

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.