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Service Agreement
Ref: 2026-001 • Standard Business Template
EMAIL MARKETING SERVICE AGREEMENT
This Email Marketing Service Agreement (the "Agreement") is entered into by and between the service provider (the "Specialist") and the client (the "Client"), collectively referred to as the "Parties."
1. Scope of Services
The Specialist agrees to perform the following email marketing services (the "Services"):
- Technical & Integration Setup: Configuration of Email Service Provider (ESP) platforms, domain authorization (SPF, DKIM, DMARC records), and basic technical warm-up of sending domains.
- Automated Flows & Campaigns: Design, copywriting, development, and scheduling of core automated flows (e.g., Welcome Series, Abandoned Cart, Post-Purchase) and scheduled promotional broadcast campaigns as agreed in the Statement of Work (SOW).
- List Hygiene & Segmentation: Execution of basic database cleaning, deletion of hard-bounced addresses, and cohort segmentation based on historical engagement data.
Exclusions: The Services do not include legal compliance auditing of the Client's subscriber databases, purchasing third-party lists, or handling cold-outreach spam setups.
2. Client Responsibilities
To enable the Specialist to perform the Services, the Client agrees to meet the following obligations:
- Compliance Warranty: The Client warrants that all email addresses and subscriber databases provided to the Specialist have been collected in strict compliance with applicable laws, including but not limited to CAN-SPAM, CASL, and GDPR. The Client agrees that no purchased, co-registration, or scraped lists will be used.
- Access and Integration: The Client must provide secure, administrative-level access to the DNS settings, ESP platform, e-commerce integrations, and any relevant third-party software assets within three (3) business days of signing this Agreement.
- Approval of Materials: The Client is solely responsible for review and final written or digital sign-off of all email templates, graphics, promotional offers, copy, and tracking links prior to their scheduled broadcast.
3. Payment Terms
The Client agrees to pay the Specialist in accordance with the following terms:
- Retainer / Project Fees: All fees are payable in advance of the service period. Monthly retainers are billed on a recurring basis on the first (1st) day of each monthly billing cycle.
- Late Payments: Any unpaid balances outstanding after five (5) calendar days from the invoice date will accrue interest at a rate of 1.5% per month, and may result in the immediate suspension of all ongoing services, scheduled email broadcasts, and active flows.
- ESP Costs: The Client remains solely responsible for all billing, fees, and subscription charges associated with their chosen Email Service Provider (ESP) and auxiliary integrations.
4. Term and Termination
This Agreement will commence on the Effective Date and will continue on a month-to-month basis until terminated:
- Notice of Termination: Either Party may terminate this Agreement by providing at least thirty (30) days' written notice prior to the start of the next billing cycle.
- Termination for Cause: Either Party may terminate this Agreement immediately if the other Party commits a material breach (such as non-payment or violations of data privacy laws) and fails to cure such breach within five (5) business days of receiving written notice.
- Post-Termination Transition: Upon termination, the Specialist will stop all campaign planning and scheduling, disable any temporary administrative access, and provide final assets upon receipt of outstanding balances.
5. Limitation of Liability
The following limitations apply to protect the business interests of the Specialist:
Deliverability and Performance Disclaimer: The Specialist does not guarantee specific open rates, click-through rates, conversion rates, or direct revenue amounts. The Specialist is not liable for changes in third-party inbox provider algorithms (such as Gmail or Yahoo Mail filters), domain reputation drops, or blacklistings caused by historical sending practices of the Client.
ESP Account Suspensions: The Specialist is not liable for any lost revenue, business disruption, or punitive measures enforced by the Client's ESP (e.g., account suspension or closure) due to list complaints, high bounce rates, or spam trap triggers.
Maximum Liability: In no event shall the Specialist's total liability under this Agreement exceed the total monetary amount actually paid by the Client to the Specialist during the one (1) month immediately preceding the event giving rise to the claim.
ESP Account Suspension Liability
If a client provides a low-quality or scraped subscriber list that triggers high bounce or spam complaint rates, their ESP may suspend the account. Without this agreement, the client can hold you liable for lost revenue during the downtime.
DNS & Deliverability Blame
Configuring DKIM, SPF, and DMARC records is crucial for inbox placement, but incorrect settings can break their site's email routing. This risk highlights how you can be blamed for technical routing failures if liability boundaries aren't explicitly drawn.
Scope Creep on Campaign Volumes
Clients often expect 'unlimited' ad-hoc broadcasts, automated flow optimizations, and graphic design tweaks beyond the agreed monthly volume, quickly eroding your hourly rate and campaign margins.
What is a Email Marketing Specialist Service Agreement?
An Email Marketing Specialist Service Agreement is a legally binding contract that outlines the scope of campaign creation, list management, and technical setup, while defining client responsibilities regarding subscriber compliance (GDPR/CAN-SPAM) and limiting the strategist's liability for deliverability metrics, domain blacklisting, or ESP account suspensions.
Built from real freelance projects
This template is based on real-world scenarios across freelance projects where unclear scope, missing payment terms, and revision creep led to lost revenue. It is designed to protect your time, define expectations, and ensure you get paid.
Why Email Marketing Specialists need a clear service agreement
An Email Marketing Specialist operates at the delicate intersection of technical deliverability, copyright laws, and strict data compliance regulations (such as CAN-SPAM, CASL, and GDPR). Without a specialized service agreement, you run the risk of being held financially responsible for blacklisted sender domains, dropped deliverability rates, or heavy legal fines resulting from lists the client purchased or scraped. This contract establishes that while you build and execute the strategy, the client remains solely responsible for the validity of their subscriber data, opt-in compliance, and ultimate approval of all broadcasted copy. It protects your recurring retainer revenue, sets clear boundaries on revision rounds, and ensures you aren't left holding the bag if their email service provider (ESP) suspends their account due to prior bad practices.
Real-world scenario
Sarah, a freelance Klaviyo Specialist, onboarded an e-commerce brand for a holiday campaign. The brand assured Sarah their list of 50,000 subscribers was fully opt-in. However, the brand had actually scraped half the list. Within 24 hours of Sarah sending the first broadcast, spam complaints surged to 2%, and Klaviyo suspended the client's account, halting all revenue. The client threatened to sue Sarah for $40,000 in lost holiday sales. Fortunately, Sarah's Service Agreement had a clear 'Client List Representation' clause and a 'Limitation of Liability' capped at the $3,000 retainer paid. Her agreement protected her from the lawsuit, placing the legal and financial responsibility for the list quality entirely on the client.
🛡️ What this service agreement covers:
- ✓Definition of campaign types (weekly newsletters, automated flows, transactional emails).
- ✓Explicit technical setup boundaries (DNS configuration, ESP integration, domain warming).
- ✓List health and compliance guidelines (CAN-SPAM, GDPR, subscriber acquisition rules).
- ✓Deliverability, open, and click-through rate disclaimers (no guaranteed percentages).
- ✓Approval workflows, sign-off deadlines, and consequences of delayed client assets.
- ✓Ownership rights of the copy, templates, and flows (retained until final payment is cleared).
Best practices for Email Marketing Specialists
Define 'Final Sign-Off'
Require written or digital approval of email proofs before scheduling broadcasts to prevent disputes over copy typos or incorrect links.
Incorporate a List Warranty
Include a clause where the client warrants that all subscribers have explicitly opted in, shielding you from spam regulation violations.
Legal Disclaimer: MicroFreelanceHub is a software workflow tool, not a law firm. The templates and information provided on this website are for general informational purposes only and do not constitute legal advice.
Frequently Asked Questions
Who is liable if an email campaign contains a broken link or a major typo?
If the client gave final written approval (or digital sign-off via a platform like Figma or Klaviyo) before scheduling, the client is responsible. The template includes an Approval Clause that explicitly shifts liability to the client once proof approval is obtained.
Can I be sued if the client's domain gets blacklisted or deliverability drops?
Yes, unless your agreement contains a clear deliverability disclaimer. Our template specifies that because search engines, inbox providers (Gmail, Yahoo), and ESPs constantly change their filtering algorithms, you cannot guarantee specific inbox placement rates and are not liable for domain blacklists.