Before hiring a digital marketing agency, read the contract looking for four things: who owns the ad account, who pays the ad budget and how, what the agency delivers each month, and what happens when you want to leave. The 10 clauses below cover these four points. If any of them isn’t in writing, ask to have it added before signing, because after you sign, the negotiation shifts to the other side.
This article is about the agency contract. If you’re hiring an individual professional, the questions to ask first are in our checklist for hiring a Google Ads specialist. And if you’re still deciding between the two, start with Google Ads specialist or agency.
This guide is not a substitute for a lawyer’s review. It shows what a marketing contract needs to say from the point of view of someone who runs the accounts.
The 10 clauses to check before hiring a digital marketing agency
The summary fits in a table. Each row shows what the clause should say and the sign that it works against you.
| No. | Clause | What it should say | Red flag |
|---|---|---|---|
| 1 | Account ownership | Ad account, GA4, Google Tag Manager and Google Business Profile in your company’s name | Account created with the agency’s email |
| 2 | Admin access | You keep an admin user of your own | Only the agency has admin access |
| 3 | Ownership of materials | Ads, copy, designs and pages you paid for are yours | Material “licensed” only while the contract lasts |
| 4 | Ad budget | Budget paid directly to the platform, by your card or boleto (Brazilian bank slip) | Budget passed through by the agency without an invoice |
| 5 | Management fee | Fixed amount or clear rule, separate from the budget | Percentage of the budget with no cap |
| 6 | Scope | List of what is and isn’t included | “Full marketing management” with no list |
| 7 | Reporting | Frequency, metrics and direct access to the accounts | PDF report with no dashboard access |
| 8 | Response time | Response time by channel | No deadline |
| 9 | Minimum term and penalty | Term and penalty amount stated explicitly | Automatic renewal with full penalty |
| 10 | Exit | List of what is handed over and within how many days | Nothing about the end of the contract |
Now, each one with the detail that usually gets missed.
Account, access and materials (clauses 1 to 3)
The Google Ads account holds the history that makes campaigns work better over time: conversions, search terms, audiences. If it’s created under the agency’s email, that history leaves with the contract.
Google Ads has five access levels, from email only to admin, and only an admin can grant access, change levels and unlink admin accounts. The full table is on the official access levels page. Ask the agency to work with its own user or through its own manager account (MCC), and make sure you keep your own admin user.
GA4 follows the same logic. The agency gets the Editor or Administrator role by invitation, as the Google Analytics help page on users shows, and the property stays in your company’s account.
As for materials, what you paid to create should be yours. That includes ad copy, creatives, landing pages and the keyword list.
Ad spend and fee (clauses 4 and 5)
Ad spend should go straight to Google or Meta, with your own payment method registered on the account. That way you see every cent on the platform’s invoice.
The agency fee is separate and written into the contract. Common models are a fixed monthly amount or a percentage of ad spend. Both work, as long as the percentage has a clear rule and you know what you’ll pay before the month starts. To understand what usually goes into that fee, see what’s included in paid search management.
One budget detail that causes arguments. Google Ads works with an average daily budget, and if you think in monthly spend you divide by 30.4, as the official budget help page explains. Write the month’s spend into the contract, and the agency converts it to a daily amount.
Scope, reporting and response time (clauses 6 to 8)
Vague scope is behind most disagreements. “Digital marketing management” can mean one campaign or ten. Ask for the list: how many campaigns, which channels, and whether it includes ad creation, conversion setup and landing pages.
Reporting needs a defined frequency and content. More important than the PDF is direct access to the dashboard, which clause 2 already guarantees. With it, you can check any number whenever you want.
Response time seems like a minor detail until a campaign stops on a Friday. Write down the channel (WhatsApp, email) and the maximum response time in business days.
Lock-in, penalty and exit (clauses 9 and 10)
A lock-in period isn’t bad in itself. A new campaign has a learning period, and the agency wants time to show its work. The problem is automatic renewal with a full penalty, or a penalty that doesn’t shrink as time is served.
A balanced setup is a short lock-in at the start, with a penalty proportional to the months remaining, followed by a month-to-month contract with 30 days’ notice. The agency gets time to work, and you’re not stuck with a vendor that stopped delivering.
The exit clause is the most forgotten. It should list, with deadlines:
- Removal of the agency’s access and confirmation that you remain admin.
- Delivery of all materials created, in editable files.
- A document with the configured conversions and where each tag is.
- A final report for the period, with the status of each campaign.
- No campaign paused or deleted without notice to you.
What agencies pay to find you
Search for people looking to hire a digital marketing agency is small and expensive. In Google’s Keyword Planner, in October 2026, that search showed about 20 searches a month, and “contratar agencia de marketing” showed 40. The top-of-page bid reached R$74.03, the highest in the group of hiring searches we reviewed.
For comparison, the overall median in our CPC by industry survey, covering 103 industries, was R$4.96. That’s Google’s estimated top-of-page bid for October 2026, not what each company pays. Still, the gap says something. Each lead an agency gets from an ad costs it a lot, and that often turns into pressure for a long lock-in. Knowing this helps you negotiate the term.
Questions to ask before you sign
Bring these questions to the meeting or send them in writing. A written answer carries more weight.
- Will the ad account be created under my email or yours?
- Do I keep admin access throughout the contract?
- Does the ad spend go through you or straight to the platform?
- What exactly is included in the monthly fee, and what is billed separately?
- Who is the person working on my account, and are they Google certified?
- If I leave in the third month, how much do I pay and what do I get?
The difference between a small local agency and a large one matters less than these answers. For a small business, the right vendor size is covered in our agency guide for small businesses.
Red flags in the contract
Some signs call for a conversation before signing.
- A promise of results with a number, such as “double your sales in 90 days”.
- A clause that gives the agency ownership of the accounts or materials.
- A penalty that doesn’t drop as time is served.
- Scope described only with adjectives.
- No mention of what happens at the end of the contract.
A good contract is boring to read. It has lists, deadlines and numbers.
Frequently asked questions
How much does a digital marketing agency cost? It depends on scope and channel. At Ciclicko, Google Ads management in the Elite Management plan is priced on request, with ad spend paid directly to Google. We compare market price ranges in how much a digital marketing agency costs. To get a quote for your case, message us on WhatsApp.
How do you hire digital marketing without falling for a scam? Check that the account stays in your name, that ad spend goes straight to the platform and that the contract has an exit clause. Also ask for the company’s track record, such as its CNPJ (Brazilian company registration number) and public reviews.
Can an agency keep the Google Ads account after the contract ends? Only if the account was created under its name. That’s why the ownership clause comes first.
Does a marketing agency contract need a lock-in period? No. When it has one, the term and penalty must be in writing, and the penalty should shrink as time is served.
What should you ask for at the end of the agency contract? Access reviewed, materials in editable files, a document of the conversions and a final report, all with deadlines.
Start with the account you already have
If you already advertise and are switching vendors, the free Google Ads audit reads your account with read-only access and shows how it stands today, campaign by campaign, with tracking checked. It works for accounts with spend from R$1,000 a month, and the report is yours to take to any proposal meeting.