Terms & Conditions
Please read these terms carefully before using our website or engaging our digital marketing services. By accessing or using Email4Marketing, you agree to be bound by these terms.
1Acceptance of Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Email4Marketing ("Company," "we," "us," or "our"), governing your access to and use of the website located at www.email4marketing.com (the "Website") and all digital marketing services provided by Email4Marketing (the "Services").
By accessing our Website, submitting an enquiry, engaging our Services, or entering into a service agreement with us, you confirm that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated into these Terms by reference.
If you do not agree to these Terms, you must not use our Website or engage our Services. If you are entering into these Terms on behalf of a business or organisation, you represent and warrant that you have the authority to bind that entity to these Terms.
Plain language summary: By using our website or hiring us for marketing services, you agree to follow these rules. These Terms protect both you and us and explain what we each agree to do.
2About Email4Marketing
Email4Marketing is a professional digital marketing agency based in Missouri City, Texas, United States. We provide email marketing services and a range of supporting digital marketing services to businesses and individuals. Our contact details are as follows:
- Business Name: Email4Marketing
- Website: www.email4marketing.com
- Email: contact@email4marketing.com
- Phone: 800-990-6512 (Toll Free)
- Address: 15218 Carol Chase Cir, Missouri City, TX 77489, United States
3Our Services
Email4Marketing provides the following digital marketing services, which may be subject to separate service agreements:
- Email Marketing: Campaign design, list management, automation, segmentation, and performance reporting.
- Paid Advertising (PPC): Google Ads and social media advertising campaign setup, management, and reporting.
- Social Media Marketing: Content creation, scheduling, and audience engagement across social platforms.
- SEO Services: On-page optimisation, keyword research, technical SEO, and content strategy.
- Content Marketing: Blog writing, newsletter content, landing page copy, and content planning.
- Analytics and Reporting: Campaign performance tracking, dashboard setup, and monthly reporting.
3.1 Service Agreements
Specific details of the services to be provided, including scope, deliverables, timeline, and fees, will be outlined in a separate service proposal or agreement between Email4Marketing and the Client. In the event of any conflict between these Terms and a specific service agreement, the service agreement shall take precedence.
3.2 Service Availability
We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice to active clients. We will not be liable for any modification, suspension, or discontinuation of Services where reasonable notice has been provided.
3.3 Results Disclaimer
While we work diligently to achieve the best possible results for our clients, digital marketing outcomes depend on many factors outside our control, including market conditions, competition, algorithm changes, and client-provided content and approvals. We do not guarantee specific results such as a defined number of leads, sales, or search rankings from our Services. Any projections or estimates provided are illustrative only and should not be construed as guarantees.
Important: No ethical marketing agency can guarantee specific results such as ranking on page one of Google, a set number of leads, or a defined ROI. Be cautious of any provider making such guarantees. We commit to professional execution, transparent reporting, and continuous improvement.
4Website Use
4.1 Permitted Use
You may use our Website for lawful purposes only. You agree to use the Website in a manner consistent with all applicable laws and regulations and in accordance with these Terms. Permitted use includes browsing our content, submitting enquiries through our contact form, and accessing our blog and educational content.
4.2 Prohibited Use
You agree not to use our Website to:
- Engage in any activity that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Transmit any unsolicited commercial communications (spam)
- Attempt to gain unauthorised access to any part of our Website or its related systems
- Use automated tools, bots, or scrapers to extract content from our Website without our prior written consent
- Reproduce, distribute, or commercially exploit any content from our Website without authorisation
- Upload or transmit viruses, malware, or any other malicious code that may damage or disrupt our Website
- Impersonate Email4Marketing, our employees, or any other person or entity
- Use our Website in any way that could damage, disable, or impair its functioning
4.3 Website Availability
We endeavour to keep our Website available at all times but do not guarantee uninterrupted access. The Website may be temporarily unavailable due to scheduled maintenance, technical issues, or circumstances beyond our control. We will not be liable for any loss or inconvenience caused by Website downtime.
5Client Accounts and Responsibilities
When engaging our Services, Clients are responsible for:
- Providing accurate, complete, and up-to-date information as required for the provision of Services
- Maintaining the confidentiality of any login credentials or account access information provided to them
- Promptly communicating any changes to contact details, business information, or service requirements
- Providing timely approvals, feedback, and content as needed to allow us to deliver Services within agreed timelines
- Ensuring that any content, images, or other materials they provide to us for use in marketing campaigns are legally owned or licensed and do not infringe the intellectual property rights of any third party
- Ensuring that any third-party platform accounts (such as Google Ads or social media accounts) to which they grant us access remain active and in good standing
6Payment Terms
6.1 Fees
Service fees are as agreed in the relevant service proposal or agreement. All fees are stated in US dollars unless otherwise specified. We reserve the right to adjust our fees at any time, with reasonable notice provided to existing clients prior to any fee change taking effect.
6.2 Invoicing and Payment
Invoices are issued in accordance with the terms specified in the applicable service agreement. Unless otherwise agreed in writing, invoices are due and payable within 14 days of the invoice date. Late payments may be subject to a late payment fee or interest charge as specified in the service agreement.
6.3 Third-Party Ad Spend
Where we manage paid advertising campaigns on your behalf, any advertising budget (ad spend) paid to third-party platforms such as Google or Meta is separate from our management fees. Ad spend is either invoiced in addition to our fees or paid directly by the client to the relevant platform, as agreed. We are not responsible for charges incurred on advertising platform accounts managed on behalf of the client.
6.4 Refunds
Due to the nature of digital marketing services, fees paid for work already completed or campaigns already launched are generally non-refundable. Any refund requests will be considered on a case-by-case basis at our sole discretion. Where a service has not yet commenced, a refund or credit may be offered. Ad spend paid to third-party platforms is subject to those platforms' own refund policies and is not refundable by Email4Marketing.
7Intellectual Property
7.1 Our Intellectual Property
All content on the Email4Marketing website — including text, graphics, logos, images, design elements, and software — is owned by or licensed to Email4Marketing and is protected by applicable copyright, trademark, and intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our prior written consent.
7.2 Deliverables
Upon full payment of all applicable fees, intellectual property rights in the final deliverables created specifically for a client as part of the agreed Services (such as email designs, written content, and creative assets) are transferred to the client. Email4Marketing retains the right to use such work in its portfolio and for promotional purposes unless otherwise agreed in writing.
7.3 Tools and Processes
Email4Marketing retains all intellectual property rights in its proprietary tools, methodologies, processes, templates, and frameworks used in delivering Services. These are not transferred to the client and may not be reproduced or distributed without our written authorisation.
8Client Content
By providing us with content, images, logos, data, or other materials for use in your marketing campaigns, you represent and warrant that:
- You own or have the necessary rights and licences to use and authorise us to use such materials
- The materials do not infringe the intellectual property rights, privacy rights, or any other rights of any third party
- The materials do not contain content that is false, misleading, defamatory, illegal, or in violation of any applicable laws or advertising standards
- The use of such materials in marketing campaigns will not violate any platform policies, including Google Ads policies and Meta advertising policies
You grant Email4Marketing a non-exclusive licence to use, reproduce, and publish the materials you provide solely for the purpose of delivering the agreed Services. This licence ends upon termination of the service relationship, except where we retain work for portfolio use as described in Section 7.2.
9Confidentiality
Both parties agree to treat as confidential any proprietary or sensitive information shared in the course of the service relationship. This includes but is not limited to business strategies, campaign data, client lists, financial information, and any information marked as confidential.
Neither party will disclose the other party's confidential information to any third party without prior written consent, except as required by law or to service providers who are bound by equivalent confidentiality obligations. This obligation survives termination of the service relationship.
Email4Marketing will not publicly identify a client by name in case studies, testimonials, or promotional materials without that client's written permission, unless the information is already publicly available.
10Disclaimer of Warranties
Our Website and Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that our Website will be error-free, uninterrupted, or free from viruses or other harmful components. We do not warrant that the information provided on our Website is accurate, complete, or current, though we make reasonable efforts to ensure it is.
To the maximum extent permitted by applicable law, Email4Marketing disclaims all warranties in connection with the Website and Services.
11Limitation of Liability
To the fullest extent permitted by applicable law, Email4Marketing and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our Website or Services. This includes but is not limited to loss of profits, loss of data, loss of business, or business interruption.
Our total aggregate liability to you for any claims arising from or related to these Terms or our Services shall not exceed the total fees paid by you to Email4Marketing in the three months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
12Indemnification
You agree to indemnify, defend, and hold harmless Email4Marketing and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:
- Your use of our Website or Services in violation of these Terms
- Your violation of any applicable law or regulation
- Content or materials you provide to us that infringe the rights of any third party
- Any false or misleading information you provide to us for use in marketing campaigns
- Any claim by a third party arising from our use of materials you authorised us to use
13Termination
13.1 Termination by Client
Clients may terminate a service agreement in accordance with the notice period specified in that agreement. Where no notice period is specified, a minimum of 30 days written notice is required. Fees for work completed prior to the effective termination date remain due and payable.
13.2 Termination by Email4Marketing
We reserve the right to suspend or terminate our Services at any time if:
- A client fails to make payment as agreed
- A client requests content or campaigns that violate applicable laws, advertising platform policies, or our own ethical standards
- A client engages in behaviour that is abusive, threatening, or otherwise unreasonable toward our team
- Continuing to provide Services would expose Email4Marketing to legal liability or reputational harm
Where we terminate Services for reasons other than client breach, we will provide a pro-rata refund for prepaid services not yet delivered.
13.3 Effect of Termination
Upon termination, we will cease providing Services and, where applicable, return or provide access to client-owned assets such as advertising account access. Provisions of these Terms that by their nature should survive termination — including confidentiality, intellectual property, payment obligations, limitation of liability, and indemnification — shall continue to apply after termination.
14Governing Law and Disputes
These Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or the use of our Services shall first be addressed through good faith negotiation between the parties. If a dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to mediation before pursuing any other legal remedy.
Any legal proceedings that cannot be resolved through mediation shall be subject to the exclusive jurisdiction of the courts of Fort Bend County, Texas, and both parties consent to the personal jurisdiction of such courts.
15Advertising Policy Compliance
Email4Marketing is committed to conducting all advertising and marketing activities in compliance with applicable laws, industry standards, and the policies of advertising platforms including but not limited to Google Ads, Meta Ads, and other digital advertising platforms.
15.1 Client Responsibilities
Clients engaging our paid advertising services are responsible for ensuring that their products, services, and website comply with the advertising policies of the relevant platforms. Email4Marketing cannot guarantee the approval of advertisements that promote products or services that are restricted or prohibited under platform policies.
15.2 Prohibited Advertising Content
We will not create or manage advertising campaigns that:
- Make false, misleading, or unsubstantiated claims about products or services
- Promote products or services that are illegal in the target jurisdiction
- Violate the advertising policies of Google, Meta, or any other platform
- Discriminate against users on the basis of protected characteristics
- Use deceptive or manipulative tactics to mislead consumers
- Promote prohibited content categories including but not limited to counterfeit goods, dangerous products, or inappropriate content
15.3 Email Marketing Compliance
All email marketing campaigns managed by Email4Marketing are conducted in compliance with the CAN-SPAM Act (United States), GDPR (where applicable), and other relevant data protection and anti-spam regulations. This includes ensuring that all marketing emails contain a clear unsubscribe mechanism, the sender's physical address, and truthful subject lines and headers.
16Changes to These Terms
We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. We encourage you to review these Terms periodically.
Continued use of our Website or Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should cease using our Website and, where applicable, terminate your service agreement in accordance with Section 13.
For active clients, material changes to Terms that significantly affect your rights or obligations will be communicated with at least 30 days notice prior to taking effect.
17Miscellaneous Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any applicable service agreement, constitute the entire agreement between you and Email4Marketing regarding the subject matter herein and supersede all prior agreements, representations, and understandings.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be made in writing and signed by an authorised representative of Email4Marketing to be effective.
Force Majeure
Email4Marketing shall not be liable for any delay or failure in performance of its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, power outages, internet disruptions, government actions, or pandemics.
18Contact Us
If you have any questions about these Terms and Conditions, please contact us using the following details:
- Business Name: Email4Marketing
- Website: www.email4marketing.com
- Email: contact@email4marketing.com
- Phone: 800-990-6512 (Toll Free)
- Address: 15218 Carol Chase Cir, Missouri City, TX 77489, United States
- Business Hours: Monday–Friday, 9:00 AM–6:00 PM CT
We aim to respond to all legal or Terms-related enquiries within 5 business days.
Questions About Our Terms?
Our team is happy to clarify anything in these Terms before you engage our services.
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