Email marketing terms and conditions

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Terms and conditions designed for use by providers of email marketing services.

Author: Alasdair Taylor
Updated: 7 January 2021
Length: 28 pages
Notes: 26 pages
Format: MS Word (.DOCX)

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.


  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


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


  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

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

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