Terms and Conditions
1. Agreement
This Agreement (“Contract”) is made between Postman Marketing Ltd. (“Supplier”) and the Client (“Customer”). By engaging our services, the Customer agrees to the following Terms and Conditions.
2. Services Provided
The Supplier will plan, create, and execute the Customer’s email and SMS marketing strategy, which may include:
-
Email campaigns (content, copy, design, scheduling, segmentation, testing, reporting)
-
Automated flows (setup, copy, design, testing, optimization)
-
Pop-ups and list growth tools
-
Monthly reporting and review calls
Any additional deliverables outside of the agreed scope will be billed separately, as outlined in the Service Agreement.
3. Fees and Payment
-
One-time projects (such as flow setups) are available for a fixed fee, payable upfront.
-
All fees are exclusive of VAT where applicable.
-
Payments are charged automatically at the start of each billing cycle.
-
Overdue payments may incur interest and service suspension .
4. Term and Termination
-
Contracts operate on a rolling month-to-month basis unless otherwise agreed.
-
Either party may terminate the contract by giving 30 days’ written notice prior to the next billing cycle.
-
If less than 30 days’ notice is given, the Customer agrees to pay an additional month’s fee .
-
Postman may terminate immediately in cases of non-payment, breach, insolvency, or change of control .
5. Intellectual Property
-
All creative materials (emails, flows, designs, etc.) created by the Supplier remain the Supplier’s property.
-
The Customer is granted a perpetual license to use all deliverables created during the contract term .
6. Confidentiality and Non-Solicitation
-
Both parties agree to keep confidential any proprietary or sensitive information.
-
The Customer shall not solicit or hire the Supplier’s employees during the contract and for two (2) years after termination .
7. Liability
-
Neither party shall be liable for indirect or consequential damages.
-
The Supplier’s liability is capped at the total fees paid under this Agreement .
8. Post-Termination Use of Success Metrics
The Supplier retains the right to use performance data, strategies, or case studies developed during the contract for marketing purposes .
9. Process Guarantee
-
Guarantee: Postman guarantees KPI achievement as specified in the signed contract.
-
If KPIs (including ROI and timeframe) are not met within the period outlined in the contract, the Customer will be entitled to a full refund or, at the Supplier’s discretion, up to three (3) additional months of services free of charge until KPIs are met.
-
In the event that both an audit and a contract outline KPIs or ROI targets, the contract shall take precedence.
-
-
Responsiveness: Approvals and feedback must be given within two (2) business days.
-
Revision Limits: No more than two (2) revisions per email.
-
Strategy Compliance: Customer must not reject core strategies essential to achieving results.
-
Mandatory Calls: Customer must attend all scheduled strategy and reporting calls.
-
Traffic Consistency: Website traffic and revenue must remain at or above the prior three-month average.
This guarantee is valid provided the Customer adheres to the following: Failure to comply with these conditions may render the guarantee void.
-
10. Governing Law
This Agreement shall be governed by the laws of England and Wales, and disputes shall be subject to the exclusive jurisdiction of the courts of London .