Guide · Updated 31 October 2026
What a fair marketing agency contract looks like in Australia
The clauses that protect small businesses (ownership, notice periods, scope and pricing) and the red flags to watch for.
Disputes with digital marketing providers are common among Australian small businesses, and many start with a contract the owner didn't fully understand. A fair contract is short, specific and easy to leave.
Ownership
Your website, domain, Google Business Profile, ad accounts, phone numbers and customer data should be yours, registered in your name, with logins you control.
Term and notice
A short minimum term can be reasonable so the work has time to show results. Watch for long lock-ins, automatic renewals and large exit fees.
Scope and price
The contract should list what's included each month, what isn't, what you need to provide, and what happens to the price after any introductory discount.
Unfair contract terms
Since November 2023, unfair terms in standard-form small business contracts can attract penalties. If a clause lets one side change the deal at will, or makes leaving unreasonably hard, ask about it.
Red flags
- Guaranteed rankings or a set number of leads.
- The agency owns your website or domain.
- Your ad spend is paid to the agency with no visibility into the account.
- Reports full of impressions and rankings, with no enquiries or bookings.
Sources
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