Welcome to Email4Marketing. These Terms & Conditions (“Terms”) set out the rules for using our website at email4marketing.com and for working with us. Please read them carefully. By accessing our website or engaging our services you agree to be bound by these Terms. If you do not agree, please do not use the website or our services.

How These Terms Fit Together

These Terms cover use of our website and our general working relationship. If you hire us, a separate written proposal or service agreement will set out the specific work, timeline, and fees. If that agreement conflicts with these Terms, the agreement will take priority for that project.

About Our Services

Email4Marketing provides email marketing services, which may include campaign planning and management, automation and workflow setup, list building and segmentation, email design and copywriting, deliverability support, and analytics and reporting. The exact services we provide to you are those described in your agreed proposal or statement of work.

Eligibility

Our website and services are intended for businesses and individuals aged 18 or over who have the authority to enter into these Terms. If you are using our services on behalf of a company or organisation, you confirm that you have authority to bind that organisation.

Using Our Website

You may use our website for lawful purposes only. You agree not to:

  • Use the site in a way that breaks any applicable law or regulation.
  • Attempt to gain unauthorised access to our systems, accounts, or data.
  • Introduce viruses, malicious code, or anything that could damage or disrupt the site.
  • Scrape, copy, or collect content or personal information from the site by automated means without our written permission.
  • Submit false, misleading, or fraudulent information through our forms.
  • Interfere with other visitors’ use of the website.

Client Responsibilities

Good email marketing depends on honest, lawful practices. If you hire us, you agree and confirm that:

1
You have permission to email your contacts

Every address you give us was collected with appropriate consent, and you will not provide purchased, rented, or scraped lists.

2
You will follow the law

You will comply with applicable laws and regulations, including CAN-SPAM, and where relevant GDPR, CASL, and other privacy and anti-spam rules.

3
Your content is lawful and accurate

Materials you provide do not infringe anyone’s rights, and claims made in your emails are truthful and can be substantiated.

4
You will give us what we need

You will provide timely access, information, approvals, and feedback, because delays on your side may affect timelines.

5
You will keep your accounts secure

You are responsible for the security of the credentials and platforms you share with us.

We May Pause Non-Compliant Work

If a campaign or list appears to break the law, platform rules, or these Terms, we may pause or decline the work until the issue is resolved. We are not liable for delays or losses resulting from this.

Fees and Payment

Fees, billing schedules, and payment methods are set out in your proposal or service agreement. Unless stated otherwise, fees are payable in United States dollars, are exclusive of applicable taxes and third-party platform costs (such as email service provider subscriptions), and are due by the date shown on each invoice. We may pause work or suspend services on accounts that remain unpaid after reasonable notice. Late payments may be subject to interest or collection costs where permitted by law and set out in your agreement.

Intellectual Property

Our Content

The website, including its text, design, graphics, logos, articles, templates, and code, is owned by or licensed to Email4Marketing and protected by copyright, trademark, and other laws. You may view and share links to our content for personal or internal business use, but you may not copy, modify, distribute, or sell it without our written permission.

Your Content

You keep ownership of your brand assets, subscriber lists, customer data, and the materials you provide to us. You give us a limited, non-exclusive licence to use them solely to perform the services for you.

Work We Create for You

Unless your agreement says otherwise, once you have paid in full, you own the final email copy and designs we create specifically for you. We keep ownership of our pre-existing tools, templates, processes, know-how, and general methods, and may reuse them for other clients. We may also describe our work in general terms for marketing purposes, without revealing your confidential information.

Third-Party Platforms and Links

Our services often rely on third-party platforms such as email service providers, domain registrars, and analytics tools. Those platforms have their own terms and policies, and we do not control them. We are not responsible for their availability, changes, pricing, or actions, or for the content of any third-party websites mentioned on or linked from our site.

No Guarantee of Results

We use professional skill and care and follow recognised best practices. However, email performance depends on factors outside our control, including inbox-provider rules, your audience, your offer, seasonality, and market conditions. We do not guarantee any particular result, such as open rates, click rates, inbox placement, sales, revenue, or return on investment. Any figures or examples shown on our website or in our communications are illustrative and are not promises of future results.

Confidentiality

Each party agrees to keep the other’s non-public business information confidential and to use it only for the purposes of the services. This does not apply to information that is already public, is independently developed, is lawfully received from someone else, or must be disclosed by law.

Privacy

Our collection and use of personal information is explained in our Privacy Policy, which forms part of these Terms. Where we process subscriber data on your behalf, you remain responsible for having a lawful basis and for honouring the rights of the people on your lists.

Disclaimer of Warranties

Our website and services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free from harmful components.

Limitation of Liability

To the fullest extent permitted by law, Email4Marketing and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from or related to the website or our services, even if we have been told such damage is possible.

Our total liability for any claim relating to our services will not exceed the amount you paid us for the specific services giving rise to the claim during the three months before the event that caused the claim. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Indemnification

You agree to defend and hold harmless Email4Marketing and its owners, employees, and contractors from claims, losses, damages, and expenses (including reasonable legal fees) arising from your content, your email lists and the way you obtained them, your breach of these Terms, or your violation of any law or third-party right.

Termination

Either party may end a services engagement in line with the notice terms in your agreement. Where no notice period is stated, either party may end the engagement by giving 30 days’ written notice. We may suspend or end your access to the website or services immediately if you seriously or repeatedly breach these Terms or act unlawfully. You remain responsible for fees for work completed or committed before termination, and any provisions that by their nature should continue (such as payment, intellectual property, confidentiality, disclaimers, and limitation of liability) will survive.

Governing Law and Disputes

These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules. We encourage you to contact us first so that we can try to resolve any concern informally. If a dispute cannot be resolved that way, it will be brought exclusively in the state or federal courts located in Texas, and you consent to their jurisdiction.

Changes to These Terms

We may update these Terms from time to time. When we do, we will change the “last updated” date at the top of the page and, for significant changes, provide additional notice. Your continued use of the website or services after changes take effect means you accept the updated Terms.

General Provisions

  • Entire agreement — these Terms, together with your written agreement and our Privacy Policy, are the complete agreement between us on their subject matter.
  • Severability — if any part is found unenforceable, the rest remains in effect.
  • No waiver — a delay in enforcing a right does not mean we have given it up.
  • Assignment — you may not transfer your rights under these Terms without our written consent; we may transfer ours as part of a business change.
  • Force majeure — neither party is liable for delays caused by events beyond reasonable control.

Contact Us

If you have questions about these Terms, please get in touch: