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Terms & Conditions

1. DEFINITIONS

1.1. MailSendo

“MailSendo” refers to the email & mobile marketing agency providing strategic, creative, and technical services related to email marketing, automation, and deliverability.
 

1.2. Services

“Services” means all email marketing services provided by MailSendo, including but not limited to:

  • campaign planning and strategy

  • email design and copywriting

  • automation creation and optimization

  • list management and segmentation

  • deliverability consulting

  • analytics, reporting and performance monitoring

  • integration assistance with CRM or existing tools

  • technical setup such as domain authentication (SPF/DKIM/DMARC)
     

1.3. Customer

“Customer” refers to any individual or business entity purchasing Services from MailSendo.


1.4. Agreement

The Service Agreement, proposal, or order confirmation together with these Terms constitutes the entire agreement between the Parties.


2. SCOPE OF SERVICES


2.1. Tailored Email Marketing Services

MailSendo provides customized email marketing services according to the selected plan or approved proposal.

Services may include ongoing monthly service packages or one-time project work.


2.2. Tools and Platforms

MailSendo performs services using industry-standard email marketing tools.
The Customer may:

  • use their own ESP (Klaviyo, Mailchimp, MailerLite, ActiveCampaign, etc.), or

  • request MailSendo to manage accounts on their behalf.


2.3. No Software Sale

MailSendo does not provide proprietary email marketing software.
MailSendo provides professional services, strategy, implementation, management, and consulting.


3. CUSTOMER RESPONSIBILITIES


3.1. Legal Compliance & Data Ownership

The Customer is responsible for:

  • ensuring that all subscriber data was collected legally

  • having valid consent or lawful basis for email marketing

  • complying with GDPR, CAN-SPAM, and other applicable laws

  • accuracy and legality of all provided content and data

The Customer retains full ownership of their email lists and content.


3.2. Providing Access & Materials

The Customer must provide:

  • timely access to their ESP, CRM, or related systems

  • branding assets, product details, copy notes, or promotional materials

  • approvals for campaign drafts within a reasonable timeframe

MailSendo is not responsible for delays caused by missing or late inputs.


3.3. Sending Practices

MailSendo may advise best practices, but ultimate responsibility for sending to any list lies with the Customer.

MailSendo may refuse to send campaigns if:

  • lists are outdated, purchased, or non-compliant

  • messages contain prohibited or harmful content

  • sending could damage sender reputation or violate laws


4. AGENCY WORK & DELIVERABLES

4.1. Creative Deliverables

MailSendo may deliver:

  • email design templates

  • copywriting for newsletters, automation flows, sequences

  • automation workflows

  • segmentation plans

  • monthly performance reports

All deliverables must be reviewed and approved by the Customer before deployment.


4.2. Campaign Scheduling

MailSendo will coordinate campaign timing with the Customer.
MailSendo is not liable for losses caused by:

  • required last-minute changes,

  • Customer delay in approval,

  • unexpected ESP downtime.


4.3. Performance Expectations

MailSendo cannot guarantee:

  • specific revenue results

  • specific deliverability percentages

  • avoidance of spam filters

  • continuous availability of third-party platforms

Agency obligations are based on best practices and reasonable professional standards.


5. PAYMENT AND BILLING

5.1. Fees

Fees are listed in the Customer’s proposal or service plan.

Payments may be:

  • monthly retainers

  • project-based fees

  • hourly consulting

  • performance-based add-ons (where applicable)


5.2. Payment Terms

Invoices are due within 8 days unless otherwise stated.


5.3. Late Payments

MailSendo may:

  • pause Services

  • charge late fees permitted by law

  • withhold deliverables until payment is received


5.4. Non-Refundable Fees

All payments are non-refundable once work has begun.


6. INTELLECTUAL PROPERTY

6.1. Customer Property

The Customer owns:

  • all brand assets

  • email lists

  • email account access

  • campaign content created specifically for the Customer


6.2. MailSendo Property

MailSendo owns:

  • internal methodologies

  • templates not customized for the Customer

  • internal frameworks, processes, scripts, and creative systems

Customized deliverables created specifically for the Customer become the Customer’s property upon full payment.


7. DATA PROTECTION

7.1. Roles

  • The Customer is the Data Controller

  • MailSendo is the Data Processor

MailSendo processes Customer data only for delivering the Services.


7.2. Data Security

MailSendo uses appropriate security measures to protect data from unauthorized access.


7.3. Subprocessors

MailSendo may use third-party tools (e.g., ESPs, analytics tools).
Customer use of those tools is governed by the third-party’s terms.


8. LIMITATION OF LIABILITY


8.1. Maximum Liability

MailSendo’s liability is limited to the amount paid by the Customer in the previous three (3) months.


8.2. No Liability For:

  • loss of revenue or profit

  • ESP outages or deliverability drops

  • issues caused by Customer’s lists or content

  • use of purchased or non-compliant data

  • platform changes implemented by third-party tools


8.3. “As-Is” Disclaimer

All Services are provided based on professional best efforts, but without guarantees of specific campaign outcomes.


9. TERM, SUSPENSION & TERMINATION


9.1. Term

The Agreement begins on the start date stated in the proposal or invoice.


9.2. Termination for Convenience

Either Party may terminate the Agreement with 30 days’ written notice, unless the contract specifies a different term.


9.3. Termination for Cause

MailSendo may immediately terminate or suspend Services if:

  • the Customer violates laws or sending rules

  • payments are overdue

  • the Customer uses purchased or non-compliant lists

  • the Customer engages in abusive or fraudulent practices


9.4. Consequences of Termination

Upon termination:

  • unpaid invoices become immediately due

  • MailSendo returns Customer-owned materials

  • MailSendo may delete campaign drafts and data after 30 days


10. CONFIDENTIALITY

Both Parties must keep all business information, strategies, data, and access credentials confidential and may use them only for fulfilling this Agreement.


11. FINAL PROVISIONS

  • This Agreement is governed by the laws stated in the proposal.

  • Modifications must be in writing.

  • If any provision is deemed invalid, the rest remains in effect.

  • Either Party may assign the Agreement only with written consent, except MailSendo may assign to an affiliated company.

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