Effective Date: 1 December 2023
1. Overview
These Terms of Service (the “Agreement”) are entered into by and between Tarsis.net SL, a Spanish limited company with its principal place of business at Vía de las Dos Castillas 33, Ática 4 B-A, 28224 Pozuelo de Alarcón, Madrid, Spain, hereinafter referred to as the “Agency”, and the client, hereinafter referred to as the “Client”.
2. Services
The Agency will provide email marketing services, including but not limited to, creating campaigns, marketing automation, newsletters, and related services, using the Mailerlite platform, on behalf of the Client.
3. Client’s Responsibilities
The Client agrees to:
- Provide the Agency with access to their Mailerlite account.
- Ensure that the Mailerlite account complies with Mailerlite’s terms and conditions.
- Pay all fees associated with their Mailerlite account.
- Provide necessary content, materials, and information required for campaign creation.
- Review and approve all campaigns before they are sent.
To this regard, please refer to MailerLite’s terms of service and privacy policy at:
4. Agency’s Responsibilities
The Agency agrees to:
- Create email marketing campaigns in the Client’s Mailerlite account.
- Comply with Mailerlite’s terms and conditions in all campaign creation and management.
- Use best practices and make reasonable efforts to ensure the successful delivery of email campaigns.
- Maintain the confidentiality of the Client’s email lists, content, and any other proprietary information.
5. Fees and Payment
The Client agrees to pay the Agency the fees for the services as agreed upon between both parties. Payment terms and billing details will be outlined in a separate agreement or invoice.
6. Campaign Approval and Feedback
The Client has the right to review and approve email marketing campaigns before they are sent. The Agency will make reasonable efforts to accommodate the Client’s feedback and make necessary revisions.
7. Confidentiality
Both the Agency and the Client agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of this engagement.
8. Termination
Either party may terminate this Agreement with a written notice to the other party. Upon termination, the Client will retain control of their Mailerlite account
9. Limitation of Liability
The Agency will not be liable for any direct or indirect damages, including but not limited to loss of profits, arising from the use of email marketing services provided.
10. Miscellaneous
This Agreement constitutes the entire understanding between the parties and supersedes any prior or contemporaneous agreements.
Any amendments to this Agreement must be made in writing and signed by both parties.
This Agreement shall be governed by and construed in accordance with the laws of Spain.
By engaging the services of the Agency, the Client acknowledges their understanding and acceptance of the terms outlined in this Agreement.