Terms & Conditions

Effective Date: 03/03/2025

1. Introduction
Welcome to We-Send, an email marketing agency based in the United Kingdom. By accessing and using our services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.

2. Definitions

"We-Send," "Company," "we," "our," or "us" refers to We-Send Ltd.
"Client," "you," or "your" refers to any individual or business entity using our services.
"Services" refers to the email marketing, campaign management, and related services provided by We-Send.
"Content" refers to any material (text, images, links, etc.) sent via email marketing campaigns.

3. Services Provided

3.1. We-Send provides email marketing services, including but not limited to campaign creation, automation, analytics, and compliance assistance.
3.2. We reserve the right to refuse service to any client that engages in prohibited content or violates applicable laws.
3.3. We do not guarantee specific results, open rates, or conversions.

4. Client Responsibilities

4.1. You agree to comply with all applicable laws, including but not limited to the UK GDPR, Data Protection Act 2018, and the Privacy and Electronic Communications Regulations (PECR).
4.2. You must obtain proper consent from your email recipients and ensure all marketing activities comply with anti-spam regulations.
4.3. You are responsible for the accuracy, legality, and compliance of your email content.
4.4. You agree not to use our services for sending spam, fraudulent messages, or unlawful content.

5. Payment and Fees

5.1. Fees for services will be outlined in your service agreement or invoice.
5.2. Payments must be made on time, and failure to pay may result in suspension or termination of services.
5.3. All fees are non-refundable unless otherwise agreed.

6. Intellectual Property

6.1. We-Send retains ownership of all proprietary tools, software, and methodologies used in providing our services.
6.2. Clients retain ownership of their email lists, branding, and proprietary content.

7. Confidentiality and Data Protection

7.1. We will maintain the confidentiality of any sensitive client data shared with us.
7.2. Both parties agree to comply with data protection laws and implement security measures to safeguard personal data.
7.3. We-Send shall not be liable for any data breaches resulting from client negligence or third-party actions.

8. Limitation of Liability

8.1. We shall not be liable for any indirect, incidental, or consequential damages arising from the use of our services.
8.2. Our total liability for any claim shall not exceed the amount paid by the client in the three months preceding the claim.
8.3. We do not accept responsibility for third-party actions, including email providers, internet service providers, or external platforms.

9. Termination

9.1. Either party may terminate the service with written notice in accordance with the agreed termination policy.
9.2. We reserve the right to suspend or terminate services immediately if the client violates these terms or applicable laws.
9.3. Upon termination, all outstanding fees become immediately payable.

10. Amendments

10.1. We reserve the right to update these Terms and Conditions at any time.
10.2. Clients will be notified of significant changes, and continued use of our services after changes constitute acceptance of the revised terms.

11. Governing Law

11.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
11.2. Any disputes shall be resolved in the courts of England and Wales.

12. Contact Information

For any questions regarding these Terms and Conditions, please contact us.