Quick answer: A good marketing agreement for ads covers scope, fees, direct ad spend billing, account ownership, reporting, notice and compliance.
A clear written agreement protects both you and your marketer. It doesn’t need to be long or full of legal language. It needs to answer the questions that cause disputes later. Use this checklist when reviewing any proposal or contract for Google Ads or Facebook ads management.
Scope of work
- ☐ Which platforms are covered (Google Ads, Meta, others)
- ☐ What’s included each month: optimisation, new ads, reporting, meetings
- ☐ What’s included at setup: account setup, tracking, landing pages
- ☐ What’s excluded and what costs extra (creative production, video, landing pages, CRM setup)
Fees and ad spend
- ☐ Management fee, how it’s calculated (fixed, percentage, hybrid) and when it’s invoiced
- ☐ Ad spend paid directly by you to Google and Meta, not bundled
- ☐ Any setup fee and what it covers
- ☐ How fee changes are handled if spend increases
- ☐ GST shown clearly
See ads management costs in Australia.
Ownership and access
- ☐ You own the ad accounts, pixels, analytics, Tag Manager and landing pages
- ☐ You have admin access throughout
- ☐ Ads, copy and creative produced for you belong to you (or you have a licence to keep using them)
- ☐ What happens to access at the end of the agreement
See who should own your Facebook ad account and who should own your Google Ads account.
Reporting and communication
- ☐ Reporting frequency and what’s included
- ☐ Meeting or update frequency and format
- ☐ Response times for questions
- ☐ Your responsibilities: feedback on lead quality, supplying photos, approving ads
See what a good monthly ads report includes.
Term and exit
- ☐ Initial term, if any, and what happens after (month-to-month is common)
- ☐ Notice period for either side
- ☐ Handover process: documentation of campaigns, tracking setup and logins
Compliance
- ☐ Who approves ads before they run
- ☐ Responsibility for claims made in ads (the advertiser is ultimately responsible under Australian Consumer Law)
- ☐ Privacy obligations for customer data uploaded to ad platforms
- ☐ Confidentiality
No guarantees, but clear goals
Be wary of guaranteed results. Ad performance depends partly on things the marketer doesn’t control: your pricing, offer, capacity and follow-up. A good agreement sets clear goals and review points instead, such as reviewing cost per lead after 90 days.
A note on unfair contract terms
Australia’s unfair contract terms laws apply to many standard-form small business contracts, and penalties now apply for including unfair terms. If a term looks one-sided (unlimited lock-ins, unilateral price rises, ownership of your accounts), question it. For anything significant, get proper legal advice. This article is general information, not legal advice.
Sources and further reading
Written by Gregory
20 years building websites and running lead generation, mostly with my own money on the line. Based in Sydney, working with clients worldwide. How I work →