SMS Marketing Services Agreement Template

Create a legally sound SMS marketing agreement that ensures regulatory compliance, protects both parties, and clearly defines service terms. Built with TCPA requirements in mind.

SMS Marketing Services Agreement

This comprehensive SMS Marketing Services Agreement template establishes the legal framework for providing SMS marketing services while ensuring compliance with the Telephone Consumer Protection Act (TCPA) and other relevant regulations. It protects both the service provider and client while clearly defining responsibilities and terms of service.

What This Template Is For

This agreement template is specifically designed for businesses offering SMS marketing services to clients. It covers essential aspects including service scope, compliance requirements, data handling, pricing, and liability protection. The document ensures both parties understand their obligations regarding consent management, opt-out procedures, and regulatory compliance.

When To Use This Template

Use this agreement template when:

  • Starting a new SMS marketing service relationship with clients
  • Updating existing SMS marketing service agreements to ensure compliance
  • Establishing clear terms for bulk SMS messaging services
  • Defining responsibilities for TCPA compliance

How To Customize It

Follow these steps to customize the agreement:

  1. Insert company details and contact information
  2. Define specific services and pricing structure
  3. Adjust compliance requirements based on your jurisdiction
  4. Specify message volume limits and delivery timeframes
  5. Add any unique service features or restrictions
  6. Review and modify liability and indemnification clauses

Common Use Cases

This agreement is commonly used by:

  • SMS marketing agencies
  • Digital marketing firms
  • Mobile advertising companies
  • Customer engagement platforms
  • Marketing automation providers

Best Practices

Follow these best practices:

  • Include clear consent requirements
  • Define opt-out procedures
  • Specify message frequency limits
  • Address data security measures
  • Include service level agreements
  • Clearly state pricing and payment terms

Template Variations

Consider these variations based on your needs:

  • Enterprise-level agreement with expanded services
  • Simple agreement for small business clients
  • International SMS marketing services agreement
  • Combined SMS and email marketing agreement

Success Stories

Companies using this template have successfully:

  • Secured major enterprise clients with confidence
  • Avoided compliance issues through clear terms
  • Scaled services while maintaining legal protection
  • Resolved disputes efficiently using clear contract terms

Frequently Asked Questions

What compliance requirements should be included?

The agreement should include TCPA compliance, consent requirements, opt-out procedures, and data protection measures.

How often should this agreement be updated?

Review and update the agreement annually or when significant regulatory changes occur.

What are the key liability protections needed?

Include indemnification clauses, limitation of liability, and clear responsibility allocation for compliance violations.

How should pricing be structured?

Define clear pricing tiers based on message volume, features, and service level requirements.

What termination clauses should be included?

Include provisions for both with-cause and without-cause termination, notice periods, and data handling post-termination.