An SEO contract should spell out exactly what work you're paying for, how long you're committed, how either side can leave, and who owns your content, accounts and data at the end. It should also commit the agency to working within Google's rules, and it should never promise guaranteed rankings. If a clause is vague on any of those points, ask for it to be rewritten before you sign.
This guide walks through the clauses to look for, the terms that deserve a second look, and a checklist you can take into your next agency meeting. It's general information, not legal advice. For a large engagement, a lawyer's review is money well spent.
Why does the contract matter so much in SEO?
Because the agency's work happens on your website and under your name. Google's own page on hiring an SEO is direct about it: "Ultimately, you are responsible for the actions of any companies you hire." The same page warns that deceptive content created on your behalf could see your site removed from Google's index.
A good contract turns the questions you asked during the pitch into commitments. If you haven't had that conversation yet, start with our list of questions to ask an SEO agency, then use the answers to check the agreement.
What should every SEO contract include?
Most solid SEO agreements cover the same ground. Check that yours has:
- The parties. The agency's full legal name and ABN (or company number overseas), and yours. You should know exactly who you're contracting with.
- Scope and deliverables. What will be done each month or by each milestone, such as an audit, a set number of pages, technical fixes or reporting.
- Exclusions. What isn't included, such as copywriting, development time, paid ads or content approvals that sit with you.
- Fees and payment terms. The monthly or project price, when invoices are due, and what happens to unused hours.
- Term, notice and exit. The minimum term, the notice period, and how either side can end the agreement.
- Ownership. Who owns the content, designs, data and accounts created or used during the work.
- Access and security. Which accounts the agency gets, at what permission level, and how access is removed.
- Ethical practice. A commitment to follow Google's guidelines and applicable law.
- Reporting. What you'll receive, how often, and which data sources it uses.
- Confidentiality and data handling. How the agency stores your information and whether subcontractors or overseas teams see it.
- Handover. What the agency hands back when the work ends.
Our Academy lesson on working with your agency covers how to set these up in practice, and agencies can start from our free SEO contract template, which covers scope, term, fees, ownership, confidentiality and liability in plain English.
What should the scope and deliverables say?
Enough detail that you could check each item off. "Ongoing SEO" or "on-page optimisation" isn't a deliverable. "Technical audit of the whole site in month one, with a prioritised fix list" is.
A clear scope also makes quotes comparable. If one agency includes four new service pages a month and another includes none, their prices aren't measuring the same thing. Our guide to comparing SEO agency proposals and the SEO cost guide help you line them up. If an audit is part of the scope, our article on what a technical SEO audit includes shows what a complete one covers.
Ask for a sentence on how changes to the scope are agreed, so extra work doesn't appear on an invoice without your approval.
How long should an SEO contract run?
There's no standard length, and SEO does take time to show results. Our article on how long SEO takes explains why. What matters more than the term itself is what happens along the way:
- Review points. Agree dates, such as three and six months in, to look at progress against the plan.
- A reasonable notice period that applies to both sides.
- No exit fees out of proportion to the work, especially on long terms with vague deliverables.
If you want to test whether the investment adds up before committing, our SEO ROI calculator estimates extra leads, revenue and a payback month from your own numbers.
Who should own the content, accounts and data?
You should, and the contract should say so. This is the clause that causes the most trouble when a relationship ends.
Content and creative work
Don't assume you own what you've paid for. IP Australia's guide to who owns IP says: "In Australia, IP created by a contractor is the property of the contractor unless otherwise stated in the contract." It lists websites, designs, databases and logos as examples. The government's business.gov.au page on preparing a contract makes the same point: if the hirer wants to own the IP, the contract must state it.
So look for a clause that assigns you ownership of the pages, articles, images and reports created for you. Agencies may reasonably keep their own pre-existing tools and templates, with a licence for you to keep using anything built into your site.
Your Google accounts
Set up and own these yourself, then add the agency as a user:
- Google Search Console. Google's owners, users and permissions guide explains that only owners can add or remove users, and that full and restricted users get view access with fewer controls. When you remove a verified owner, Google warns that their verification tokens stay on your site unless you delete them, which would let them re-verify.
- Google Analytics 4. Keep the Administrator role at the account level yourself. Google's help page on managing Analytics users says deleting users requires that role at the account level.
- Google Business Profile. A profile can have several owners but only one primary owner, according to Google's guide to Business Profile owners and managers. Keep primary ownership and give the agency manager access: managers can edit the profile and reply to reviews, but can't add or remove users.
Google's hiring page adds a useful tip for the early stage: if an agency offers an audit, grant only read access to Search Console at first.
Can an SEO contract guarantee rankings?
It shouldn't. Google says plainly that "No one can guarantee a #1 ranking on Google," and tells site owners to beware of anyone who claims a "special relationship" with Google. A contract that promises a set ranking position is a warning sign, not a safety net. Our guide to fake SEO guarantees explains the common versions.
What a contract can reasonably commit to is the work itself: the deliverables, the timelines, the reporting and the review points. Results are then judged through honest reporting. Our article on what an SEO report should include covers what that reporting should show.
What should the contract say about link building and ethics?
Ask for a clause stating that all work follows Google Search Essentials and its spam policies. Those policies treat buying or selling links that pass ranking credit as link spam, and sites that break them can rank lower or disappear from results.
If the scope includes link building, the contract should say how links will be earned and require the agency to list every placement in its reports, so you can check them. Our free page authority checker gives you a quick, independent look at the pages your new links sit on. Watch for these too:
- A required link back to the agency. Google says you should never have to link to an SEO.
- Reviews. Any review requests should follow Google's rules and consumer law. Our guide to getting more Google reviews covers what's allowed.
- Undisclosed subcontracting of content or links to third parties.
Anything described as black-hat SEO has no place in the agreement, however it's worded.
Which contract terms are red flags?
In Australia, the ACCC's guide to contracts explains that the unfair contract terms laws cover standard form contracts with small businesses. For contracts made, renewed or varied from 9 November 2023, that includes businesses with fewer than 100 employees or less than $10 million in annual turnover, and penalties now apply for using unfair terms. The ACCC lists examples of terms that may be unfair, including terms that let only one party:
- Avoid or limit its responsibilities under the contract.
- End the contract.
- Be penalised for breaching or ending the contract.
- Change the terms of the contract.
Only a court can decide whether a term is actually unfair, but those examples are a useful lens. In an SEO agreement, watch for automatic renewals with no notice, price rises you can't exit, the agency keeping your accounts or content, or the ability to change the scope without your agreement. Our Academy lesson on evaluating proposals and red flags covers warning signs that show up earlier, in the pitch.
What should happen when the contract ends?
A good handover clause means you can switch agencies without starting from scratch. It should require the agency to:
- Confirm you hold owner or administrator access to every account.
- Hand over the content, reports, keyword research and audit files created for you.
- List outstanding work and any changes still in progress.
- Remove its own access, including any Search Console verification tokens.
- Leave tracking, redirects and site settings working, which matters most during a site migration.
SEO contract checklist
Run through this before you sign:
- The agency's legal name and ABN are on the contract.
- Every deliverable is specific enough to check off.
- Exclusions and the process for scope changes are written down.
- Fees, invoice timing and unused hours are explained.
- The minimum term, notice period and review points are clear and apply to both sides.
- You own the content and creative work produced for you.
- You own Search Console, Analytics and Business Profile, and the agency is a user.
- The agency commits to Google's spam policies and applicable law.
- No ranking guarantees, and no required link to the agency.
- Link placements and subcontractors are disclosed.
- Reports use data you can check in your own accounts.
- A handover clause covers files, access and outstanding work.
Bottom line
An SEO contract protects both sides when it's specific. Pin down the scope, keep ownership of your content and accounts, write ethical practice into the agreement, and make sure you can leave cleanly if it isn't working. If you're comparing agencies now, SEO audit specialists are a good way to start with a smaller first engagement, or get matched with agencies that suit your needs. You can also browse SEO agencies in Australia and compare their services and reviews.
