Digital economy · Creator

Brand deal contract essentials: payment terms, TDS, and GST clauses

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Most influencer brand deal contracts are drafted by the brand's legal team, and they're written to protect the brand, not you. Key clauses to negotiate:

Provisions

Indian Contract Act | IT Act, Sec 393/393(1) (old 194J/194C) | GST Act

Analysis

Payment terms: "Net 30 days from invoice" is standard. Push for advance or 50% upfront, brands sometimes delay endlessly. Include late payment interest clause (18% per annum). TDS clause: Brand will deduct 10% TDS. Your invoice should say "Plus applicable GST. TDS deductible as per IT Act." Do NOT let brand claim TDS deduction before paying you, you receive 90%, not 100%, of invoice value. GST clause: "Price exclusive of GST. GST as applicable at 18% to be paid additionally." Without this clause, you may have to absorb the GST out of your deal value. IP clause: Ensure you retain copyright of your content. Brands often try to get perpetual, global, all-media usage rights, limit to: specific platforms, specific duration (1-2 years), paid usage beyond that.

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