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).
You can see the first few pages of the terms and conditions here:
Sample Email Marketing Terms and Conditions
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 clauses and sections of the email marketing terms and conditions are listed below:
(1) Definitions and interpretation
(2) Agreement and Term
(3) Services
(4) Customer responsibilities
(5) Legality and spam
(6) Intellectual Property Rights
(7) Charges and payment
(8) Warranties
(9) Limitations and exclusions of liability
(10) Data protection
(11) Confidentiality
(12) Publicity
(13) Termination
(14) Effects of termination
(15) Force Majeure Events
(16) General
- Form of Proposal
- Anti-Spam Policy
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.
The email marketing template is 21 pages long (including the cover page). However, once you have removed the guidance notes and your editing is finished, you can expect the finished terms and conditions to be a good deal shorter than this.
The template is supplied in Word (.doc) format for easy editing. If you need it in another format (such as .rtf) please let us know, and we will supply it if practicable.
If you are looking for a traditional "agreement" style document rather than "T&Cs", see our
email marketing agreement template.
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