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.