Email Marketing Services Terms & Conditions
1. Acceptance of Terms
By accepting a quotation, making payment, or instructing Polkadot Digital to commence email marketing services, the client agrees to the following Email Marketing Services Terms & Conditions.
2. Scope of Services
Email marketing services may include:
- email campaign design;
- copywriting;
- newsletter creation;
- database segmentation;
- automation setup;
- reporting;
- campaign scheduling;
- email template design;
- A/B testing;
- audience strategy.
Specific deliverables and campaign scope will be outlined within the approved quotation or proposal.
3. Client Database Responsibility
The client confirms that all email databases and contact lists used for campaigns:
- were lawfully obtained;
- comply with POPIA, GDPR, and applicable marketing laws;
- contain recipients who have provided the necessary consent where required.
Polkadot Digital shall not be held liable for:
- spam complaints;
- blacklistings;
- unlawful databases;
- lack of consent;
- privacy breaches;
- non-compliant data collection practices.
The client indemnifies and holds harmless Polkadot Digital against any claims arising from unlawful email marketing practices or databases supplied by the client.
4. No Guarantee of Results
Polkadot Digital does not guarantee:
- open rates;
- click-through rates;
- sales;
- conversions;
- inbox placement;
- deliverability;
- lead generation;
- subscriber growth.
Email marketing performance depends on numerous external factors including:
- database quality;
- subject lines;
- sender reputation;
- spam filters;
- audience engagement;
- industry conditions;
- seasonality;
- platform algorithms.
Past performance does not guarantee future results.
5. Email Deliverability Disclaimer
Polkadot Digital cannot guarantee that emails will avoid:
- spam folders;
- promotions tabs;
- bouncebacks;
- delivery delays;
- ISP filtering;
- domain blacklisting.
Deliverability is influenced by:
- sender reputation;
- domain configuration;
- recipient behaviour;
- third-party mail providers;
- DNS settings;
- spam scoring systems.
The client remains responsible for maintaining proper domain authentication records including SPF, DKIM, and DMARC where required.
6. Content Approvals
The client remains responsible for reviewing and approving all:
- email copy;
- subject lines;
- designs;
- links;
- offers;
- promotional claims;
- pricing.
Approval constitutes acceptance of the final campaign.
Polkadot Digital shall not be liable for errors or omissions once approved.
7. Compliance & Legal Responsibility
The client remains responsible for ensuring compliance with:
- POPIA;
- GDPR;
- CAN-SPAM laws;
- unsubscribe requirements;
- disclosure obligations;
- industry regulations.
Polkadot Digital shall not be liable for fines, legal claims, spam complaints, or compliance breaches arising from client campaigns, databases, or business practices.
8. Third-Party Platforms
Email campaigns may rely on third-party platforms including:
- Mailchimp;
- Mailblaze;
- Klaviyo;
- MailerLite;
- HubSpot;
- ActiveCampaign;
- Brevo;
- Zoho Campaigns.
Polkadot Digital shall not be liable for:
- platform outages;
- account suspensions;
- deliverability issues;
- software bugs;
- automation failures;
- third-party pricing changes.
Platform subscription fees remain the responsibility of the client unless otherwise agreed in writing.
9. Reporting & Tracking Disclaimer
Campaign reporting statistics are based on third-party platform tracking systems and may not always be fully accurate.
Open rates, click rates, and attribution data may be affected by:
- Apple privacy updates;
- spam filters;
- image blocking;
- browser settings;
- security software.
Reports should be used as general performance indicators only.
10. Intellectual Property
Campaign structures, templates, automation strategies, copywriting, and design methodologies created by Polkadot Digital remain the intellectual property of Polkadot Digital unless otherwise agreed in writing.
Upon full payment, the client receives rights to use the final approved campaign assets for their intended business purposes.
11. Limitation of Liability
To the maximum extent permitted by law, Polkadot Digital shall not be liable for:
- lost profits;
- spam complaints;
- deliverability issues;
- reduced campaign performance;
- database loss;
- reputational damage;
- platform suspensions;
- indirect or consequential losses.
The client agrees that Polkadot Digital’s total liability relating to email marketing services shall not exceed the total fees paid for the applicable service period.
12. Changes to Terms
Polkadot Digital reserves the right to amend or update these Email Marketing Services Terms & Conditions at any time.
The latest published version on the Polkadot Digital website shall apply.
13. Acceptance
By accepting a quotation, making payment, or proceeding with email marketing services, the client confirms that they have read, understood, and agreed to these Email Marketing Services Terms & Conditions.