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Before hiring a digital marketing agency, get clear written answers about what it will deliver, how you will measure the work, what you will pay, who can access your data and accounts, and how you can leave. Ask the questions below in your sales discussions, then check that the important answers appear in the proposed agreement. The checklist is practical due diligence, not legal advice; contract and privacy requirements depend on your location and circumstances.
What will the agency do, and who is accountable?
Ask for a specific description of the work rather than relying on broad promises such as “we’ll grow your online presence.” The Federal Trade Commission recommends assessing service providers, putting expectations and performance standards in writing, and monitoring whether the provider follows the agreement.
- “What exactly will you deliver each month, and what is outside the scope?”
- “Who will do the work day to day, who supervises it, and how much of the work is subcontracted?”
- “Which outcomes will we use to judge the work, how will they be measured, and what data or access will measurement require?”
- “How often will you report, what will each report include, and how will we check the underlying results?”
- “What happens if the agreed work or reporting is late or incomplete?”
Translate the answers into contract terms: deliverables, exclusions, responsibilities on both sides, reporting cadence, measurement method, and any remedy for missed commitments. The FTC does not prescribe agency-specific metrics or remedies; those are terms you and the agency need to agree.
What supports the agency’s performance claims?
Separate a forecast, a target, a historical case study, and a guarantee. They are not interchangeable. Ask the agency to explain the evidence behind any specific promise and the conditions on which it depends.
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- “What evidence supports the results you are promising, and what assumptions or conditions does that evidence depend on?”
- “Can you show a comparable case study with its time period, baseline, measurement method, and relevant caveats?”
- “Which outcomes depend on our pricing, offer, website, sales follow-up, inventory, or other factors outside your control?”
- “Do you guarantee a specific result or ranking? If so, what precisely is guaranteed and what is the written remedy if it does not happen?”
The FTC says advertising claims must be truthful and substantiated, and notes that agencies or website designers may face responsibility when they participate in preparing or distributing deceptive representations or know about them. Google’s third-party policy prohibits misleading or unrealistic claims by third parties managing its ads, including guarantees of top placement. These points do not mean every forecast is unlawful, and the relevant legal obligations can differ by jurisdiction and circumstances. See the FTC guide to advertising and marketing on the internet and Google’s third-party policy.
How are fees, ad spend, and results reported?
Ask for the agency’s fee, platform spend, and any other charges to be identified separately. This is especially important for Google Ads, where Google’s third-party policy sets specific transparency expectations. Do not assume the same rules apply to every advertising platform or marketing channel.
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- “What is your agency fee, what is paid directly to the advertising platform, and what other charges could appear?”
- “Will invoices and reports separate the amount Google charges from your fee?”
- “Can we access the Google Ads account and its underlying cost and performance information directly?”
- “What will you report about costs, clicks, impressions, conversions, and the time period covered?”
For applicable Google Ads customer performance reports, Google says costs, clicks, and impressions should be reported at the advertising-account level. Cost reporting should show the exact amount Google charged, excluding third-party fees, and the agency must disclose its management fee separately from Google Ads or Smart campaigns costs. Ask how the agency will make those figures visible in your own account and reports.
Google also sets an advertiser-disclosure threshold for qualifying third parties: if 80% or more of their customers spend under US$1,000 (or local-currency equivalent) per month on Google Ads or Smart campaigns, the third party must share Google’s advertiser disclosure notice with all customers buying those services. This is a policy threshold, not a performance benchmark. Check Google’s current third-party policy for the applicable details.
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How will the agency handle your data and account access?
Find out what information the agency will use and who can see it before granting access. The FTC’s service-provider guidance recommends understanding how information will be used and secured, asking who will have access and how workers are trained, putting reasonable security expectations in writing, and verifying compliance.
- “What customer or business data will you access, collect, store, or share, and why?”
- “Which staff and subcontractors will have access, and how will access be limited or removed?”
- “What security practices will you use, and what should we do if data is sent or accessed improperly?”
- “Will security expectations and incident procedures be written into the agreement?”
- “How will we verify that the agreed practices are being followed?”
Ask for practical, specific answers that fit the information involved; a contract clause alone does not ensure security or legal compliance. Consumer or regulated data may require advice tailored to your jurisdiction and the types of information involved. The FTC’s 2017 business guidance says, “Both sides benefit when expectations, performance standards, and monitoring methods are reduced to writing in the contract.” Read the FTC’s service-provider security guidance.
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Who controls accounts, billing, and the exit?
Clarify access and transition arrangements before signing, not after a disagreement or an unexpected invoice. Ask:
- “Which accounts will be in our business’s name, and what access will we retain during the engagement?”
- “If an existing Google Ads account changes billing managers, who initiates the process and confirms the transfer?”
- “At termination, what happens to access, campaign materials, reports, and any outstanding bills?”
- “What notice period, renewal, termination fee, or transition assistance does the agreement specify?”
Google documents a Change Who Pays process for transferring billing responsibility for an existing client Google Ads account. Its page describes the expected transfer date, billing setup, and budget details; Google also says the feature is in beta and some options are unavailable. Certain beta transfer steps may require manual account linking after transfer. Treat this as a platform billing process to verify when making a transfer—it does not by itself settle contractual questions about ownership or termination. See Google Ads Help: Transfer an existing client account to your agency.
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How can you compare agency proposals fairly?
Use the same dimensions for each candidate, and compare evidence and proposed contract terms rather than presentation polish alone.
| Dimension | What to compare |
|---|---|
| Scope clarity | Included deliverables, exclusions, and how responsibilities are divided. |
| Measurement | Named metrics, baselines, attribution approach, reporting cadence, and access to source data. |
| Cost transparency | Agency fee separated from advertising spend and other charges. |
| Proof and realism | Comparable evidence, disclosed assumptions, and support for any specific promise. |
| Data stewardship | Who gets access, described security practices, written commitments, and compliance checks. |
| Continuity and exit | Account and billing transition steps, notice terms, and what happens to work and reports. |
There is no universal agency fee or guaranteed business outcome established by the cited guidance. Judge the offer against your needs and the actual written terms rather than a generic price range or an unsupported promise.
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