Email marketing terms and conditions

Whether you provide managed email marketing services or access to a web-based email marketing platform, you should ensure that you protect yourself with appropriate legal terms and conditions. These email marketing terms and conditions have been designed to cover either type of service, and indeed can be used where a mixed service will be provided (e.g. the customer has direct access to a platform, but the service provider also supplies design and consultancy services related to email marketing).

Perhaps the key legal issue for any supplier of email marketing services is the prevention of abuse of email marketing systems. To this end, the template includes a detailed anti-spam policy, outlawing spam and providing guidance to customers on how to avoid falling foul of anti-spam laws and mechanisms.

The terms and conditions include various optional provisions designed for the situation where customers will sign up for the services online. These may be particularly relevant to platform (rather than managed service) suppliers.

If you are looking for a traditional "agreement" style document rather than "T&Cs", see our email marketing agreement template.

TERMS AND CONDITIONS

1. Definitions
2. Term
3. Email Marketing Services
4. Email Marketing Platform
5. Client obligations
6. Client Materials
7. Client Websites
8. Online Accounts
9. Client Trade Marks
10. Intellectual Property Rights
11. Reputation and goodwill
12. Charges
13. Timesheets
14. Payments
15. Confidentiality obligations
16. Data protection
17. Warranties
18. Indemnities
19. Limitations and exclusions of liability
20. Force Majeure Event
21. Termination
22. Effects of termination
23. Status of Provider
24. Notices
25. Subcontracting
26. General
27. Interpretation

SCHEDULE 1 (ACCEPTABLE USE POLICY)

1. Introduction
2. No spam
3. General usage rules
4. Unlawful Content
5. Graphic material
6. Monitoring
7. Harmful software

STATEMENT OF WORK

1. Client details
2. Minimum Term
3. Specification of Services
4. Specification of Deliverables
5. Timetable
6. Client Materials
7. Financial provisions
8. Contractual notices

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A copy of this document is included in each of these packs:

• Digital marketing pack