Who Really Owns Your Google Ads Account? An Agency-Client Dilemm
It’s an unpleasant scenario I bump into all the time in my consulting work. A business hires a marketing agency to run its Google Ads. The relationship sours, and when the client tries to leave, they’re suddenly told they can’t have their account. The agency claims the account, the data, and all the work is their “intellectual property.”
This leaves the client, the one whose business was being promoted and whose money was being spent, locked out in the cold. So, is this legitimate? Can an agency actually restrict you from your own Google Ads account? The answer is complicated and depends on a few key factors.
It Starts With Your Contract
The first place to look is the contractual agreement you signed with the agency or freelancer. If you signed a contract that explicitly states from the outset that the agency owns the account they set up, then you have ultimately agreed to those terms. It’s a tough lesson in reading the fine print before you sign.
More often than not, however, this isn’t clearly defined in the contract. The issue usually explodes when the client says, “We no longer want to use your services.” In a “throwing the toys out of the cot” exercise, the agency then locks the client out and claims ownership. I’ve seen this play out with a business I work with recently, where a long-standing and friendly freelancer turned hostile the moment it looked like an independent review was coming, locking the client out of an account they’d always had access to.
Who Pays the Bills? Google’s Perspective
A common belief is that whoever’s credit card is on file owns the account. In the past, this often held true. If you could prove to Google that your business was the one directly paying the ad spend, they would generally work with you to get access back.
However, do not rely on this as your only means of control. I have seen cases where this simply doesn’t happen. Google has turned around and sided with the agency that has administrative control, stating there is “nothing we can do.” While being the direct payer helps, it’s no longer a guaranteed key to getting your account back.
Understanding the Agency’s Business Model
The structure of your financial relationship with the agency is crucial in determining who has the stronger claim to the account. There are generally three models.
1. The Pay-for-Performance Model
Some agencies operate on a performance basis. You, the client, don’t pay for ad spend directly. Instead, you pay the agency for every lead or sale they generate. In this case, the agency pays Google, often using their own landing pages and tracking systems. To be honest, I think it’s much more appropriate in this scenario for the agency to own the account, as they have built and are paying for the entire lead-generation system.
2. The Client-Pays-Direct Model
This is the cleanest scenario. You, the business owner, set up the Google Ads account years ago. Your payment method is on file. You simply hired an agency to come in and manage it for you. If that relationship ends and the agency refuses to hand back the keys, that is, in my view, completely scandalous and unacceptable.
3. The “Messy Middle” - Consolidated Invoicing
This is where most disputes occur. The agency sets up the account on your behalf and sends you one consolidated invoice that includes both ad spend and their management fee. Crucially, the agency is the one paying Google directly. When the relationship ends, the agency can argue, “It’s our account; we’ve been paying Google all along, so we’re not giving it to you.” In this situation, getting Google to hand over access is going to be quite tough, as the agency is their direct customer. You may have to engage a commercial lawyer, which is always an expensive and unpleasant process with no guarantee of success.
The Bottom Line: Prevention is the Best Cure
The most important takeaway is to have this conversation before you partner with any agency or freelancer.
- Clarify ownership from the outset and get it in writing.
- Understand what happens in the event of a breakdown in the relationship.
- Aim to own your account and have your own payment method on file, simply granting the agency management access.
If you are already dealing with this issue, think about which scenario you fall into. If you owned the account and the agency has simply locked you out in a fit of pique, their stance is unreasonable. But if your contractual or payment model gives them a stronger claim, the path forward is much more difficult.
If you have questions on this or need to privately talk about your situation, you can leave a comment below or email me at info@samfrost.co.nz.