Out-of-scope requests: clear boundaries: Define deliverables, channels, review rounds, timing and client inputs in the scope.; Clarify that correcting agency errors is within scope; new directions need a change order.; Use ACCC guidelines to ensure contract terms are fair and transparent.
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Proposal Comparison

Part of Agency contracts and scope

Defining what counts as an out-of-scope request

“Out of scope” is useful only when both client and agency can identify it before work starts.

Desk Selection · · 2 min read

“Out of scope” is useful only when both client and agency can identify it before work starts. A vague clause can turn every clarification into a fee dispute, while no change process can make an agreed project expand without a decision.

Draw the boundary around deliverables

For each service, state outputs, channels, markets, review rounds, timing and client inputs. Define likely exclusions: new languages, extra campaign concepts, website development or emergency weekend work.

Set out the difference between correcting an agency error and requesting a new direction after approval. The former may be part of completing the agreed work; the latter may need a change order.

When a request arrives, compare it with the signed scope. Ask whether it changes effort, deadline, cost, risk or rights. If so, write a short change proposal: requested output, fee or hours, effect on existing work, owner and approval date. Do not begin material extra work on an assumption that a casual message is authorisation.

Out-of-Scope vs. In-Scope Work: Key Differences

  • Out-of-Scope RequestNew campaign concepts, website development, emergency weekend work, additional languages, changes after approval
  • In-Scope WorkCorrecting agency errors, agreed deliverables, standard review rounds, defined channels and markets

Handling an Out-of-Scope Request: A Step-by-Step Guide

  1. Compare with Signed ScopeCheck if the request alters effort, deadline, cost, risk or rights.
  2. Draft Change ProposalOutline requested output, fee/hours, impact on existing work, owner, and approval date.
  3. Do Not Proceed Without ApprovalAvoid starting material extra work based on informal messages.

Keep the relationship flexible

Allow minor clarifications within scope, and make their handling explicit. A rigid contract that requires a formal change for every small correction can slow useful work. Record repeated small requests: a pattern may show that the original brief was incomplete and needs a revised scope.

The ACCC helps consumers and businesses understand the law around unfair contract terms, and can investigate and may take compliance or enforcement action to protect consumers and small businesses from unfair terms in standard form contracts. It does not investigate individual complaints and does not provide legal advice. That does not determine whether a particular agency clause is fair, but it reinforces a practical point: both parties should understand what changes the price or obligation. Review the clause with legal counsel where the amount or risk is material.

Rigid vs. Flexible Scope Management

Pros of Flexibility
Allows minor clarifications without formal change; maintains workflow momentum.
Cons of Rigidity
Slows useful work; may lead to frustration and disputes over small adjustments.

Key Takeaways from ACCC Guidance on Contract Terms

ACCC Role
Protects consumers and small businesses from unfair contract terms.
Does Not Provide
Legal advice or investigate individual complaints.
Practical Implication
Both parties must understand what changes price or obligation.

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