Questions to ask a marketing agency before you sign

Baseline : Starting figures used to assess later results.

Evidence record : Supporting material and figures behind an agency claim.

Fee basis : The method used to calculate a charge, such as hours, output or media commission.

Account team : The named people expected to deliver the work and the time they will give it.

Data roles : The controller and processor responsibilities shaped by how personal data is used.

Data processing agreement : A written record of arrangements for processing personal data.

Notice period : The time either party must give before ending the contract.

Handover : The transfer of files and other work materials when an engagement ends.

Evidence record: turn promises into testable claims

Use the evidence record to examine performance claims before treating them as a reason to sign. Ask for support beyond client logos or a polished presentation. A baseline paired with a relevant outcome gives you concrete material to assess and a clear starting point for follow-up questions.

Ask for two examples involving British brands, with the baseline and result shown for each. Compare the reported change against a relevant measure such as traffic, cost per lead or revenue. The attribution methods used can affect how you interpret a reported result, so ask how each example was measured.

The CAP Code requires supporting evidence for advertising claims. Ask how the agency checks statements that might mislead, especially when material published for your business could create risk. A written account of what supports a claim helps you distinguish substantiated performance statements from broad language that cannot be assessed against a starting point.

Account team: connect names to the work

Use the account team definition to find out who will deliver the work and how much time they expect to give it. Request names and responsibilities, including who writes copy, manages media buying and answers routine questions. The team roles may differ from the people who presented the pitch.

Ask whether the named people will remain assigned after the initial months, who covers when a contact is unavailable and how routine queries are handled. These details help show whether the proposed team can carry the work through, rather than simply present it. Record any promised allocation of time alongside each person's responsibilities.

A one-page brief can set out the budget range, intended result and legal or brand limits before the pitch. Use those requirements to check whether the named responsibilities match the work proposed. If the agency cannot say who will handle a task, note that gap for clarification before signing.

Fee basis: decode the quoted total

Use the fee basis to establish what the quoted total buys and how the agency calculates it. Ask whether charges follow hours, a defined output or media commission, and whether a management fee sits alongside commission. Until those elements are clear, headline prices do not provide a sound comparison.

Ask the agency to explain how its chosen method produces the total, and check whether a management fee is additional to media commission. A quote based on one charging method should not be treated as equivalent to another without clarification. Compare the proposed work with retainer fees, then check what the stated amount includes.

Confirm whether the quoted total includes VAT, since an excluded amount can make the invoice exceed the headline figure. Ask the agency to state the VAT treatment for its own quote, including whether VAT is included in the amount shown. Compare like with like only after both the fee method and VAT status are clear.

Data roles: agree responsibilities before work begins

Agree the controller and processor roles before work starts, because they depend on what each party does with personal data. In the usual arrangement described here, the client is controller and the agency is processor. Ask the agency to explain how those roles apply to the proposed work.

ICO organisational guidance explains that both sides have duties, while a data processing agreement records the arrangements. Ask who decides the lawful basis for email marketing, handles subject access requests and responds to a right of access. Clarify where data is stored, which sub-processors are involved and whether international transfers form part of the work.

Notice period and handover: make the exit workable

Agree the notice period, any break clause and the handover expectations before signing. Contracts do not have one standard notice period, so put the agreed term in writing. Review the commercial contract terms and establish who owns files created or bought for your work.

Ask whether a break clause applies after 30 or 90 days, and what the agency must hand over when the engagement ends. Clarify responsibility for files and other materials in the contract. Late commercial invoices may carry statutory interest under the Late Payment of Commercial Debts Act, so check that payment terms are also clear.

Decision record: compare answers on equal terms

Use the same questions for every agency and record each answer beside any supporting material. The selection checklist can help keep comparisons consistent and show which points remain unresolved. A written record makes it easier to distinguish a specific answer from a polished presentation.

Request the data processing agreement and contract before making a decision, then resolve unanswered questions about files, fees or account responsibilities. If you are considering a paid trial, agree its scope, price and review date in writing before work begins. Clear boundaries give both sides something specific to refer to during the test.

Treat repeated evasions as a warning. Reluctance to identify the account team, evidence made up only of logos or refusal to provide a data processing agreement calls for scrutiny. A long rolling term without a break clause, or an unclear starting fee, may also justify another question before you commit.