Brand Deal Payment Terms: Net 30, Deposits and Late Payment
"Net 30" doesn't say when day one is. What to agree before you sign, when to ask for a deposit, and the late payment rules in the EU, the UK and several US states.
The video went live six weeks ago. The brand loved it. The invoice is still unpaid, and the only thing in writing about when you'd be paid is two words in an email: "net 30".
Most payment problems in brand deals aren't fraud. They're vagueness: nobody agreed on what starts the clock, what happens when it runs out, or who at the brand actually pays invoices. This page covers what to agree before you sign, and what the law already gives you if a brand pays late anyway.
The short answer
Before you sign, get four things in writing:
- A payment date you can put in a calendar, or a term with a defined start, such as "30 days from invoice".
- A deposit on larger deals. 50% on signature is a common ask; it isn't a rule.
- A late payment clause, so the consequence of paying late is agreed rather than argued.
- Who to invoice, and what the invoice needs (PO number, billing entity, tax details), so it doesn't sit in the wrong inbox.
And if you're in the EU, the UK or a few US states, know that the law already sets a default payment deadline and, in the EU and UK, interest on late payment, even if your contract says nothing.
"Net 30" doesn't say when day one is
"Net 30" means payment is due 30 days after some starting point. The problem is that the phrase doesn't say which one. Creators Agency, a sponsorship agency that works mostly with US finance channels, makes the point in its guide to payment terms: "The word 'net' does not tell you what starts the clock."
The candidates are very different:
| The clock starts at | What that means for you |
|---|---|
| Contract signature | Possibly before the video is even live |
| Invoice date | 30 days after you invoice, so invoice the day the video goes live |
| Video approval and publication | 30 days after it's live and approved; approval can take days |
| Brand's month-end close | Up to 30 days after the end of the month, which can mean nearly 60 |
| Campaign end | After any usage period ends, possibly months later |
Even the same agency uses different definitions on different pages. Its guide for new finance creators says: "Net-30 means 30 days after the video is approved and live." Neither version is wrong; the point is that you have to pick one and write it down.
Our suggestion: tie the clock to your invoice, and send the invoice the day the video goes live. It's the only start date you control.
How long is normal?
There's no public dataset of brand payment terms, so treat any "standard" as an opinion. Creators Agency's invoice guide calls net 30 "the industry standard" and adds that "Net-60 is common at larger enterprise brands." That matches the default ceiling EU law sets for agreed terms, as you'll see below.
What makes a term good or bad isn't the number of days. It's whether the date is defined and whether anything happens when it's missed.
Deposits
A deposit protects you against the worst case: you make the video and never get paid. It's also the term brands push back on most.
Creators Agency's advice is consistent across pages, even if it's framed as guidance rather than data. Its guide for new creators: "Aim for net-30 or milestone-based terms: 50% upfront, 50% on delivery." Its pre-signing checklist notes that "Larger deals often include 50% upfront." And its payment-terms guide keeps expectations realistic: "A deposit is not a rule."
A workable default: ask for 50% on signature on anything large enough that not being paid would hurt, and accept net terms on small deals with brands you can verify.
What the law gives you when a brand pays late
In several places, a business paying another business late owes more than the invoice, whether or not your contract mentions it. Whether you qualify depends on where you and the brand are and how you work, so read this as a map, not advice.
European Union
The EU's Late Payment Directive (2011/7/EU) covers payments between businesses, and it explicitly includes one-person businesses: an "undertaking" is any organisation acting in its independent economic or professional activity, "even where that activity is carried out by a single person". If you're a registered self-employed creator invoicing a brand, you're very likely in scope.
What it sets:
- Default deadline. If the contract doesn't set a date, interest runs from "30 calendar days following the date of receipt by the debtor of the invoice or an equivalent request for payment", or from receipt of the services if the invoice arrived first.
- A default ceiling on agreed terms. The agreed period should "not exceed 60 calendar days, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor".
- Interest. Statutory late payment interest is "the sum of the reference rate and at least eight percentage points".
- A fixed €40. On top of interest, "the creditor is entitled to obtain from the debtor, as a minimum, a fixed sum of EUR 40", payable "without the necessity of a reminder".
A directive is carried into each country's own law, and countries can go further. Spain, for example, forbids agreeing terms longer than 60 days at all. We cover that in the Spanish version of this article.
The EU proposed a stricter regulation in 2023, but the European Parliament's tracker lists it as blocked by the Council. For now the directive is what applies.
United Kingdom
Under the Late Payment of Commercial Debts (Interest) Act 1998, the UK government's guidance describes statutory interest as "8% plus the Bank of England base rate for business to business transactions". One catch: "You cannot claim statutory interest if there's a different rate of interest in a contract."
On top of interest, section 5A of the Act sets fixed compensation by the size of the debt: £40 for a debt under £1,000, £70 from £1,000 up to £10,000, and £100 from £10,000.
If no payment date was agreed, the guidance says payment is late 30 days after the customer gets the invoice (or the goods or services, if later).
United States
There's no federal rule, but several places now protect freelancers, including New York State, New York City, Illinois and California. None of these laws mentions creators or influencers; they cover independent contractors hired for services, so whether a sponsorship counts is a question for a lawyer. The pattern they share: a written contract above a threshold, and payment by the contract date, or within 30 days of finishing the work if there isn't one.
| Where | Covers contracts from | Payment rule |
|---|---|---|
| New York State (since 28 Aug 2024) | $800, counting the client's contracts over 120 days | By the contract's due date, or no later than 30 days after the work is completed |
| New York City | $800 in any 120-day period | NYC guidance: "If the contract does not include a payment date, the hiring party must pay you within 30 days after you complete the work." |
| Illinois (contracts from 1 Jul 2024) | $500 in a 120-day period | By the contract due date, or within 30 days of completing the services (state summary) |
| California (since 1 Jan 2025) | $250, counted over 120 days | By the contract due date, or no later than 30 days after completion (SB 988) |
California's law covers hiring parties in California, and only for "professional services". It defines those by reference to a list in Labor Code section 2778 that includes "Marketing, provided that the contracted work is original and creative in character", and videographers, with exclusions that may cover commercial productions. That's the closest any of these laws comes to naming creator work, and it's still interpretation.
The practical takeaway travels everywhere: a written contract with a payment date is what these laws protect, and it's what makes any claim simple.
Put a late fee in the contract
Statutory interest is a backstop. A contractual late fee is better, because it's agreed and visible. Creators Agency's invoice guide suggests "A late payment clause of 1.5% monthly". In the UK, an agreed contract rate can replace statutory interest, and the fixed compensation depends on statutory interest applying, so don't agree a low rate by accident.
Its value isn't the money. It's that a brand's accounts team treats an invoice with a stated late fee differently from one without.
When a payment is late: a sequence
- The day after the due date, send a short, friendly reminder with the invoice attached and the due date in the subject line. Most late payments are an invoice in the wrong inbox.
- After a week, ask your contact who in accounts payable handles it, and write to them directly. Your marketing contact usually can't release money.
- After two weeks, restate the terms: the contract date, the amount, and the late fee or statutory interest you're entitled to. Be specific; it's not a threat, it's the contract.
- After that, it's a legal question: a formal demand, and in many countries a small-claims route. That's the point to get advice where you are.
A reminder that works, adapted to your contract:
Hi [name],
Invoice [number] for [amount], for the [brand] integration published on [date], was due on [due date] and I haven't received payment yet. I've attached it again in case it went astray.
Could you confirm the payment date, or put me in touch with whoever handles invoices?
Under our agreement, late payments accrue [late fee]. I'd much rather not get there.
Thanks, [your name]
Keep the dates where you'll see them
Payment problems start with a date nobody is watching. If you're running several deals, keep each one's invoice date, due date and payment status next to the deal itself, in a spreadsheet or in something like VidCRM, so a late payment is something you notice on day one, not in week six.
And settle the terms before you quote. The first reply to a brand is the cheapest moment to ask about payment. See how to reply to a brand deal email.
What we don't know
- What brands actually pay on. There's no public dataset of payment terms or payment delays in creator deals. "Net 30 is standard" is agency experience, not measurement.
- Whether freelancer laws cover sponsorships. The US laws above don't mention creators. We haven't found official guidance on whether a sponsored video is a covered service.
- How cross-border deals work. Which country's rules apply when a Spanish creator invoices a US brand depends on the contract and on private international law, and we haven't found a clear public answer.
- How representative the agency advice is. Creators Agency's dataset leans towards US finance and business channels, and its own pages don't agree on what "net 30" starts from.
None of this is legal advice. If a large invoice is seriously overdue, a lawyer or your local small-business support service is the right next step.
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