Email Outreach Terms of Service

Introduction

Welcome to our Email Outreach program. We use plain English in this document for clarity. “We”, “us”, “our”, and “the Company” refer to Ellington Marketing, LLC dba Dig Designs, and “You”, “your”, “Customer”, or “Client” refers to you, the user of our Email Outreach services.

Service Description

You are engaging us for email outreach campaigns, including creating, sending, and monitoring emails based on agreed strategies.

Our Employees and Contractors

We may use employees and independent contractors, potentially located outside the United States, for your project. You agree not to directly contact or solicit any of our employees and contractors for employment or contract work.

Disclosure to Law Enforcement

We will disclose information about our clients to law enforcement agencies upon lawful request, without further consent or notification to the client, and will fully cooperate with such legal requests.

Indemnification

You agree to indemnify and hold harmless the Company, its subsidiaries, contractors, employees, affiliates, and their respective directors, officers, employees, shareholders, and agents against any losses, claims, damages, liabilities, or costs arising from this Agreement, your use of our services, or any alleged infringement of intellectual property rights.

Choice of Law and Forum

This Agreement is governed by the laws of North Carolina. Disputes will be settled through mediation in Guilford County, North Carolina. If unresolved in 60 days, disputes may be litigated in Guilford County courts.

Refusal or Discontinuation of Service

We reserve the right to refuse, restrict, or terminate services to any client for any reason.

Disclaimer of Warranty

We disclaim all warranties, express or implied, to the extent allowed by law. We are not liable for damages from errors in our work, including lost profits, data loss, or other damages, even if advised of the possibility.

Limitation of Damages or Liability

Our liability is limited to the fees collected from the customer in the last six months, excluding liability that cannot be excluded under applicable law.

Severability and Headings

If any part of this Agreement is unenforceable, the rest remains valid. Headings are for convenience only.

Entire Agreement and Modifications

This Agreement, including any attached Proposals of Service, is the full agreement between the parties. It can only be changed in writing signed by both parties.

Construction and Assignability

This Agreement is mutually drafted and cannot be interpreted against either party. It cannot be assigned without the other party’s consent.

Communication and Hours of Operation

We are available via email and phone from Monday to Thursday, 9:00 am to 5:00 pm, and Fridays from 9:00 am to 1:00 pm Eastern time.

Campaign Development and Approval

All campaign content requires your approval before deployment.

Data and Privacy Compliance

We adhere to data protection and privacy laws. It is essential for you, as our client, to ensure that any work we undertake complies with the laws, rules, or regulations applicable to your company. We shall not be held liable for your company’s legal compliance.

Performance and Reporting

Regular campaign performance reports will be provided.

Fees and Payment

Fees are outlined in a separate Proposal of Services, with payment terms as per the Master Services Agreement.

Cancellation Policy

Services can be terminated with prior notice. Advance fees for unrendered services will be refunded on a pro-rata basis.

Intellectual Property

Campaign content becomes your property upon full payment. We reserve the right to use anonymized campaign data for promotional purposes.