Problem with buzzwords

In marketing, a lot is promised. However, what the customer had hoped for often does not materialize, leading to legal disputes. A conversation with Nils-Peter Hey about poor briefings and premature promises.

Mr. Hey, when you appear as an expert witness in court: What are the disputes usually about?

Nils-Peter Hey: In most cases, it simply comes down to money. The trust between the agency and the client has somehow been lost, leading one party to stop payments while the other still expects to be paid.

Is everything always carefully documented in the client-agency relationship?

Hey: This is one of the biggest problems. Disputes are almost always exacerbated by a lack of documentation of agreements because, in the broadest sense, we operate in marketing within a discipline that is not particularly scientific. Here, the client's expectations and goals must first be aligned with reality.

What should documentation look like to be understandable for all parties?

Hey: In general, I recommend documenting certain key points in writing. And by writing, I mean that emails usually are not sufficient. Certain milestones in a project should always be exchanged in documents. The briefing is especially important. An agency can only assess the project accurately if they have the briefing. However, the quality of briefings is usually poor, and the agency still offers something regardless. This is where the problems start.

How can this be avoided?

Hey: In principle, the briefing should be treated as a separate project. The client should first precisely formulate their requirements and expectations. This is already a consulting service. The difficulty lies in finding a service provider in marketing who promises what you desire. The old rule is: Get into the job, act customer- and expectation-oriented, and then hope that the rest somehow falls into place.

How does the fact that the marketing industry often uses many buzzwords and naturally makes many promises pose a problem?

Hey: Buzzwords are a central cause of poor communication. They foster misunderstandings and create false expectations. Another problem is that there are no uniform professional qualifications. I actually don't know the competencies of my SEO consultant. Every engineer has a solid education and must deal with material and physical conditions. The marketer, on the other hand, lacks exact scientific foundations. It is difficult for them to say: If you turn the screw, the conversion rate increases by three percent. They have to rely on past experiences. However, what is valuable today may be entirely wrong tomorrow.

Nevertheless, agencies usually promise a lot.

Hey: First of all, all kinds of advertising success promises are inherently untrustworthy. The client must be aware of this. If they come with a specific request, such as wanting 100 more leads every month, that is a concrete task. Based on this, a plan of action and implementation is developed. This is a service that they legally order at a certain price. If the agency agrees to this, they should not be surprised if the client then expects exactly those 100 leads.

Could it be put this way: Naive expectations meet untrustworthy promises...?

Hey: I would say that the vast majority of agencies are not aware that they are making untrustworthy promises. This is because they are not familiar with distinguishing between work and service contracts. A work contract means: I will, for example, build a website for you by a certain deadline and price. For the agency, the job is then done. But not for the client, as they have certain expectations for the website, such as increased reach or sales. If these goals are not achieved, the client will hold the agency morally responsible, even though the agency is not responsible for the advertising success but for the work that could lead to it.

What else, besides the briefing, should be in the toolbox for avoiding disputes?

Hey: A correct formal commissioning. In court, we often have to first clarify whether an order was even placed. An order should be put on paper. This should be preceded by a cost estimate or a quote from the service provider. A standard procedure, as with a craftsman.

And if I haven't received the order yet but want to start anyway?

Hey: In that case, as an agency, you should draft a confirmation outlining the verbal agreement. That way, you are at least somewhat protected. If the client does not agree, they would have to actively object. There is a lack of correct execution of orders almost everywhere – even in large agencies. It is common for agencies to enthusiastically start a collaboration, but if the advertising success does not follow, uncomfortable questions arise, and suddenly the payment stops. And then the trouble begins. Interview: Helmut van Rinsum