Before hiring a digital marketing agency, get clear answers—in writing—about the work it will do, how results and costs will be reported, what evidence supports its promises, how it will handle your data, and what happens to accounts and billing if you part ways. Use the questions below to compare proposals and check the agreement; they are practical due diligence, not legal advice.
What work will the agency do, and who is accountable?
Ask for a specific description of the work, the people responsible for it, and how you will know it has been completed. General promises such as “grow your online presence” are difficult to evaluate unless the agreement defines the activities and reporting behind them.
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- “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 is subcontracted?”
- “Which outcomes will we use to judge the work, how will they be measured, and what access or data will measurement require?”
- “How often will you report, what will each report include, and how can we check the underlying results?”
- “What happens if agreed work or reporting is late or incomplete?”
Put deliverables, exclusions, responsibility assignments, performance standards, reporting cadence, and monitoring methods in the contract. The FTC advises businesses to assess service providers, document expectations and performance standards, and check whether the provider follows the agreement. It does not prescribe agency-specific metrics or remedies, so agree on those with the agency. FTC service-provider security guidance
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Ask the agency to distinguish a forecast, a target, a past result, and a guarantee. Each means something different: a forecast depends on assumptions, a target is an aim, a case study reports a past outcome, and a guarantee should state exactly what is promised and what remedy applies if it is not achieved.
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- “What evidence supports the results you are promising, and what assumptions does that evidence depend on?”
- “Can you show a comparable case study with its time period, baseline, measurement method, and 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 written remedy applies if it does not happen?”
The FTC says advertising claims must be truthful and substantiated, and notes that agencies may face responsibility when they participate in preparing or distributing deceptive representations or know about them. That does not mean every forecast is unlawful, or that legal duties are identical in every jurisdiction. Google’s third-party policy specifically bars misleading or unrealistic claims, including guarantees of top placement for Google Ads. FTC advertising guide · Google third-party policy
How will fees, ad spend, and results be reported?
For Google Ads, ask to see account-level cost and performance information, and make sure the agency’s fee is not blended into the amount spent on advertising. Google’s third-party policy says applicable customer performance reports must include costs, clicks, and impressions at the Google advertising account level. Cost reports should show the exact amount Google charged, excluding third-party fees, and management fees must be disclosed separately from ad costs.
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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?”
- “Will reports show costs, clicks, impressions, conversions, and the period covered?”
These specific reporting and fee-disclosure requirements are Google Ads policy guidance, not a universal rule for every marketing channel. Google also says that when at least 80% of a third party’s customers spend under US$1,000 (or local-currency equivalent) per month on Google Ads or Smart campaigns, that third party must share Google’s advertiser disclosure notice with all customers buying those services. This is a policy threshold, not a benchmark for agency quality or campaign performance. Google third-party policy
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What data will the agency access, and how will it be protected?
Find out what business or customer information the agency will access, collect, store, or share, and why. Ask which employees and subcontractors can see it, how access is limited or removed, and how you will check that agreed practices are followed.
- “What customer or business data will you access, collect, store, or share, and for what purpose?”
- “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?”
The FTC recommends assessing providers before sharing sensitive information, asking how information will be used and secured and who will have access, documenting reasonable security expectations, and verifying compliance. Its guidance says written expectations, performance standards, and monitoring methods benefit both sides. A contract clause alone does not ensure compliance; requirements may also depend on your location, industry, and data. FTC service-provider security guidance
Who controls the accounts, billing, and exit?
Clarify account access and transition responsibilities before the relationship begins, rather than trying to resolve them during a disagreement. Check the agreement for renewal, notice, termination fees, outstanding bills, and what happens to campaign materials and reports.
- “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 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 help page describes details such as the expected transfer date, billing setup, and budget; it also notes that the feature is in beta, some options are unavailable, and certain beta transfers may require manual account linking afterward. Check the current process if you need to transfer billing. It does not determine contractual ownership or settle every termination question. Google Ads Help: Transfer an existing client account to your agency
How should you compare agency proposals?
Use the same criteria for each candidate so a polished presentation does not outweigh clear evidence and workable contract terms.
| What to compare | What to look for |
|---|---|
| Scope and accountability | Defined deliverables, exclusions, division of responsibilities, named oversight, and a process for missed work. |
| Measurement and reporting | Named metrics, baselines, measurement approach, reporting cadence, and access to source data. |
| Cost transparency | Agency fees shown separately from advertising spend and other charges. |
| Evidence and realism | Relevant examples with context and assumptions; specific, supported claims rather than vague or unsupported guarantees. |
| Data stewardship | Described access and security practices, written commitments, and a way to monitor compliance. |
| Continuity and exit | Account and billing transition steps, notice terms, and clear treatment of work, reports, and outstanding bills. |
These comparison criteria are a practical synthesis of FTC and Google guidance, not an official scoring system published by either organization. Review the actual agreement before signing. If your work involves regulated information or consumer data, seek advice suited to the relevant jurisdiction and data types; the sources cited here do not establish jurisdiction-specific privacy requirements or ideal agency prices.
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