Tom McSherry
Agencies

The lock-in contract is a forecast, not a term

Tom McSherry

Tom McSherry

13 August 2026 · 11 min read

You are handed a proposal with a twelve month minimum on it, and when you ask about the length you get told that SEO takes time. That is true, and it is also not an answer. SEO does take months. Contracts do not have a length that follows from that fact. Somebody chose twelve, and that number is a forecast: what the provider expects the first few months to look like from your side of the table, and how likely they think you are to still be there once you have seen them work.

This is failure number thirteen in my series on why SEO agencies fail, and the one I am most careful about, because the honest version of the argument is not "lock-in contracts are a scam". Plenty of very good providers ask for a minimum term and are worth every month of it. The problem is not that the clause exists. It is that most people sign without knowing which of two very different jobs it is doing.

First, the part that is genuinely true

SEO compounds. It is a snowball built by months of small pushes, not a switch on a wall, and the reasons are mechanical rather than marketing spin. Google has to crawl a changed page before it can reassess it, which on a small site can take weeks. Links do not land as a lump of authority on day one either; they get discovered, evaluated and weighted over time.

The early work is also invisible. The first month is usually diagnosis, the fixes that stop you losing ground, and the structural decisions about which page owns which search. None of that shows up as a ranking. It shows up three months later as the reason the rankings could move at all. So the timeline is real, and anyone promising results in six weeks is either lying or about to buy you links that will hurt you. It is also why SEO cannot be your short-term lead source.

But notice what the time argument establishes. It establishes that you should not expect results quickly. It does not establish that you should be unable to leave.

Two very different reasons for the same clause

A minimum term is risk management, and the useful question is whose risk it manages.

The legitimate version protects front-loaded investment. A serious engagement is lopsided in the first quarter: a technical audit, a keyword and competitor review, a rebuild of the site structure, title and meta work across every page that matters, often a chunk of content, all before enough invoices have covered it. If the provider prices that as a smooth monthly figure rather than a large setup fee, they have effectively lent you the difference, and the term is how they get it back. Same logic as a builder wanting a deposit before the materials arrive.

The other version protects the provider from you seeing what you bought. If the first three months are a report, a plugin, four generic blog posts and a call, then month four is dangerous, because month four is roughly when a client starts asking what has actually happened. A term pushes that conversation past the point where you can act on the answer. The work does not need to be bad for this to be the motive. It only needs to be thin enough that it would not survive a monthly decision.

A minimum term is a forecast of the first few months. The question is which forecast is being made, and about whom.

From the outside the two clauses look identical. Same number, same explanation. What separates them is what sits underneath: whether real front-loaded work is being financed, and whether the provider believes the work will hold you on its own merits.

The clauses worth reading before you sign

I am not a lawyer and nothing here is legal advice. This is what I would read and ask about, as somebody who has picked up a lot of accounts after these agreements ended badly. If a clause matters to you, have a lawyer look at the actual document, because I have no way of telling you what any particular contract does.

  • The notice period, and whether it runs inside the term or only after it. There is a big practical difference between twelve months with thirty days notice available from month one, and twelve months where notice can only be given in month twelve. Both get called "twelve months" in the sales conversation.
  • What happens to work in progress. If you give notice halfway through a content batch or link campaign you have already paid for, does it get finished, handed over unfinished, or stopped? Get that in writing.
  • Who owns the content. Pages, posts, images and video produced for you should end up yours. Some agreements license them to you for the duration instead, which means the content can come off your site when you leave. If a chunk of your rankings sits on those pages, that is not small.
  • Account and data ownership. Who owns the Analytics property, Search Console, the Google Business Profile and the domain. Confirm it before you sign, not after. The version that goes truly wrong is in when to walk away from your domain, and it can cost you the business asset itself.
  • Exit assistance. What happens in the last thirty days: handover of access, work completed, the keyword list, the link list. A provider who has written a real exit process into the agreement is telling you how they expect the relationship to end.
  • Auto-renewal. Read this one twice, for the reason in the next section.

Auto-renewal is the one most people miss

Almost everybody focuses on the number at the front. Twelve months, six, three. Very few read the sentence at the back that says what happens when those months are up.

The pattern to look for is a term that renews for another full period unless you give notice inside a window before it ends. Sometimes that window is thirty days, sometimes ninety, and the effect is that a decision you thought you would make in month twelve actually had to be made in month nine. Miss it and the term rolls again. Nobody hid anything from you. It was in the document you signed and you did not have a reminder in your calendar, which is a completely ordinary thing to not have.

This matters for a reason that has nothing to do with anyone behaving badly. Renewal is the moment the relationship should get re-examined, and an auto-renewing clause is built so the default is no examination at all. If the work is good you renew anyway and the clause costs you nothing. If it has drifted, that clause is the difference between a conversation and another year. So put the notice deadline in your calendar the day you sign, with a reminder a month before, and use that month to check whether enquiries have moved rather than whether the reports look busy.

The fair case for a minimum term

A provider who can only ever be judged on the last thirty days will make thirty day decisions, and that is a worse way to do SEO. The right call in month two is often to rebuild the structure of a site in a way that produces nothing visible until month five. A provider worried about being fired in month three does something shinier instead: some posts, a quick win on a keyword nobody buys on, a report with green arrows. A minimum term buys the room to do the boring, correct thing first.

There is a planning argument too: a provider who knows you are around for a year can hold capacity and commit to schedules with months-long lead times. And a term filters out the buyer who wants rankings by Christmas and churns in eight weeks when they do not arrive, which is good for the provider and, honestly, good for that buyer.

So a minimum term is not a red flag. It is a normal commercial term with a real justification. What makes it a problem is signing without knowing what it protects, and finding out in month five that the answer was not you.

How to negotiate a term you can live with

None of this requires you to be difficult, or to demand there be no term at all. Usually the term is fine and the shape of it needs adjusting.

  • Ask for the shortest term the front-loaded work actually justifies. If the heavy lifting is a technical fix and a site restructure in the first quarter, three or six months often covers it. Twelve is a convention, not a calculation.
  • Offer to pay a setup fee instead. If the term exists to recover front-loaded investment, paying that directly removes the reason for it. A provider who agrees has told you the clause was about money. One who still wants twelve months has told you it was about something else, which is equally useful.
  • Ask for notice to be available inside the term rather than only at the end. Thirty or sixty days notice from month one changes very little about how a provider plans, and everything about your position if the relationship goes wrong.
  • Ask what specifically changes at month four, month eight and month twelve. A plan built to keep you asks a different question at each stage. If the answer is the same package repeating forever, the term is doing the plan's job.
  • Ask for a review point tied to something you can both observe. Not a ranking guarantee, which nobody can honestly give, but an agreed scope delivered by an agreed date, and a way out if it was not.
  • Get every promise from the sales conversation into the written scope: pages, links, reporting frequency, who does the work. A term is far less frightening when the deliverables are specific.
  • Have a lawyer read the final document. It is an hour of somebody's time against a year of fees, and I would spend it.

Ask all of it warmly and early, before you are committed to the deal. You are not accusing anyone of anything. You are asking a supplier to explain their own commercial terms, which any decent one can do comfortably.

The ten-minute self-check

Two questions do most of the work, and you can ask them in the meeting you are already in.

  1. "What happens if I give notice at month four?" Listen for the practical answer rather than the reassurance. Can notice be given inside the term at all? Is there a break fee, and how is it worked out? Does work in progress get finished? Do I keep the content and the accounts? A provider with a clean answer has thought about the ending, which is a good sign about the middle.
  2. "Would you do the same work, month to month, at the same price, without the term?" This tells you what the clause is for. "No, and here is the front-loaded work I would need paid up front instead" is a straight, respectable answer. "Yes, but the term keeps everyone focused" is fine too. A long pause, a change of subject, or a return to the line about SEO taking time is the answer you came for.
  3. Then read three clauses in the document itself: the notice period, the auto-renewal, and who owns the content and the accounts. Ten minutes, no expertise required. Anything you do not understand, ask about and get the answer in writing.

The discomfort in the room when you ask is itself information. Not proof of anything, and I would not walk away over a moment of awkwardness. But you are about to hand somebody a year of budget on their judgement, and how they handle two reasonable questions about their own paperwork is part of the evidence.

What this is really about

The contract is not the thing that keeps clients. Results keep clients, and so does being told the truth in month three when the truth is that it is slower than expected. I have picked up accounts where the previous provider had a twelve month term and a client counting the days, and others where somebody had been happily month to month for years. The paperwork was the least interesting difference.

So do not read a minimum term as a red flag, and do not read it as a fact about how SEO works either. Read it as a prediction about the next few months, made by the person who knows most about what those months will contain, then ask enough questions to work out what the prediction is. The rest of what is worth asking before you hire anyone is in how to choose an SEO provider, and if you are here because the last engagement went badly, start with what to do when you have paid for SEO and gone backwards. Sign the term if the work behind it deserves the term. Just do not sign it because somebody told you SEO takes time, because that sentence was never about the contract.

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