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Email Marketing Terms and Conditions
Updated May 3, 2019

A. Prices

Subject to change based on requirements, size of database and taxes. Prices are subject to VAT.

B. Schedule of Payments

Full payment upon confirmation of this proposal and agreement.

C. Late Payment

Any payments not made within the specified Due Date on the invoices shall incur a LATE PAYMENT FEE equivalent to Three Percent (3%) on outstanding balances due each month or a fraction thereof until paid. Should there be a need for iManila to take legal action for payments of outstanding invoices, the Client shall reimburse iManila for all legal fees and additional costs incurred by such actions.

D. Delivery

iManila must be advised at least 3 working days prior to target date of Email Marketing. The Client shall provide iManila with the image and text content for creation of email layout. The Client will then be given up to 3 working days to approve and give feedback regarding the email layout. All email layouts created by iManila for the Client will be subject to one (1) text or image revision.

E. Terms

The project has a fixed contract term of 180 working days from the acceptance of this agreement and the initial payment. In the event of contract termination prior to the completion of the project or delays beyond the allocated 180 working days due to no fault of iManila, all payments are demandable and shall be forfeited in favor of iManila. If Client fails to provide the necessary content (text and images) within the fixed 180-working day contract term, then all payments made, as well as work done, shall be demandable and forfeited in favor of iManila.

F. Client Responsibility

iManila will review all artworks, designs and specifications according to the directive and business objectives of the client. However, it is also the client’s responsibility to review and approve all artworks, designs, specifications and all final materials.

The Client shall identify a main point person for the project, through whom all project-related matters will be coursed. This main point person is responsible for securing sign-offs on Change Order Requests and acceptance of deliverables from the Client’s end. iManila shall not accept any requests from the Client without the proper endorsement and approval of the identified point person. By signing the conforme of this proposal, the Client understands that requests outside the scope of this engagement are considered as Change Request Orders (CRO) and that these changes will have implications on the timing and costs of the project.

Should there be any delays in feedback from the client’s end, iManila will consider the project on-hold. In cases when a project is put on-hold and in situations where the Client cannot provide any content or feedback and voluntarily opts to put the project on-hold, the project shall be put at the end of the queue against all other projects currently being delivered by iManila and the client will have to wait for the next available slot in order to proceed with the project timeline and deliverables.

G. Meetings

iManila strictly abides by the timeline agreed upon by both parties, and implements coordination online to save time on travel for meetings. However, in lieu of the events when the client needs a face-to-face meeting, iManila allows a maximum of two (2) out-of-the-office meetings with the client. The rest of the necessary meetings can be done online via Skype, Viber, Google Hangouts or whichever is applicable for both parties.

Should the client wish to hold further meetings beyond the allowable out-of-the-office meeting cap, the client shall pay the man-hour rate of Php1,000/man-hour plus out-of-pocket expenses incurred by the development team members required in the meeting. The amount shall be billed accordingly to the client.

H. Limited Liability and Intellectual Property Rights

Any material submitted for web publication shall be the full responsibility of the client and will not contain anything that may lead to an abusive or unethical use of the Internet. All images and content published on the Internet should be rightfully owned and/or licensed to the customer. Abusive and unethical material and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy.

I. Anti-Spam Policy

You may not at any time utilize the Services for the sending of unsolicited email messages (sometimes called and hereinafter referred to as "spam"). All messages sent by means of your use of our Services shall be in compliance with the terms of this Agreement and shall only be used for lawful purposes in compliance with all other applicable U.S., state, local and international laws governing your business, operations and activities, which may include (1) the U.S.’ CAN-SPAM Act of 2003 (“CAN-SPAM”), (2) Canada's Anti-Spam Legislation (“CASL”), or (3) any other jurisdictions’ policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement, child protective email address registry laws, laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services and laws that govern false, unfair and deceptive practices, etc. Click the links provided for more information on compliance with CAN-SPAM or CASL.

We have a zero-tolerance spam policy. You acknowledge and agree that we may immediately terminate or cancel any account, product, or service, including your use of the Services, that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity. We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network. Accounts, products, or services terminated or cancelled in connection to spam or other unsolicited bulk email activity are ineligible for any refund.

The content you include in any email must be accurate and you may only use the Services to send emails to customers and contacts who have expressly opted in or otherwise given you lawful permission to send emails to them. If you do not have written proof that each recipient on your contact list has expressly opted in or given you permission to send emails to them, they should not be included in any email marketing campaign. You must be able to provide opt-in verification for each contact for each email marketing campaign.

We prohibit the use of third-party, purchased, rented, or harvested mailing lists. You shall not send emails (i) to newsgroups, message boards, distribution lists, or unsolicited email addresses, or (ii) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such emails from you or another party on whose behalf you may be commissioned. To the extent the Services include features that allow you to request a recipient to confirm that you have the recipient's permission to send messages to such recipient (assuming such use is permitted by laws applicable to you), and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send messages to that recipient.

You acknowledge and agree that we have the right but not the obligation to copy and/or store your contact lists, customer and contact information, and other information as needed. We shall not use this information in any way that violates our Privacy Policy .

J. Use of Proper Messaging Content

You represent and warrant that the information you use in any email marketing campaign, including the header, subject line, and content, is not false, deceptive, or misleading. More specifically, you agree (1) to include a valid and correct physical address and other contact information required by applicable law (e.g., secondary contact, such as a phone number, as required under CASL), (2) to ensure to provide a valid, accurate and non-deceptive identification of your organization in the “from” and “reply to” address in every email as the sole person sending or causing to be sent the email using our Services and (3) to ensure the "subject" line of any message sent is not deceptive or misleading with respect to the subject matter of the email message itself.

Every commercial email message sent utilizing our Services should include an "unsubscribe" link that allows subscribers to remove themselves from your mailing list. You agree not to remove or disable this link in your use of our Services. You must comply and are responsible for honoring all opt-out requests within ten (10) business days of receipt and the opt-out method used must be able to process opt-out requests for a minimum of sixty (60) days after the email is sent. Generally speaking, you cannot charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request.

K. Prohibited Use

You acknowledge and agree that you shall not use the Services to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute.

You may not use iManila to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, pyramid schemes, chain letters, multi-level marketing campaigns, affiliate and network marketing materials, or any other content we deem inappropriate. You may not exploit iManila.com, LLC's service agreement by systematically uploading, sending, deleting, then replacing contacts in order to send to more unique email addresses than you're permitted for your service level.

Unfortunately, some industries yield higher-than-normal abuse rates, which can negatively affect the deliverability for other iManila users. In order to maintain the highest possible delivery rates for all our users, iManila is unable to send on behalf of certain industries and senders. This includes, but is not limited to, the following:

● Pharmaceutical products

● Work from home, make money on online, and lead generation opportunities

● Online trading, day trading tips, or stock market-related content

● Gambling services, products, or tips

● Multi-level marketing (MLM)

● Affiliate marketing

● Credit repair and get out of debt opportunities

● Mortgage and loan content

● Nutritional, herbal, and vitamin supplements

● List brokers or list rental services

● Counterfeit or "knock off" products appearing to be another brand

It is the responsibility of the sender to ensure that their content falls within these guidelines. iManila may monitor your account to ensure compliance with these terms and operation within the acceptable standards of the industry and of the email providers you are sending to.

L. Exclusivity

The final creative product becomes the exclusive property of the client, upon approval and acceptance. Any other work created and developed by iManila in the course of the project remains the property of iManila.

M. Exclusions

iManila’s accountabilities will be limited to the deliverables outlined in this proposal. Here is a list of optional services that may be availed of from iManila:

  • Hosting
  • Social Media Management
  • Domain Name Registration/Renewal
  • Search Engine Optimization
  • SSL Certificates
  • Search Engine Marketing
  • Website Development
  • Technical Support Services
  • Mobile & Web Applications Development
 
  • Graphic Design & Image Editing
 

Should the client need other services outside of this engagement, iManila shall present a separate proposal covering the requested deliverables.

N. Account Management

iManila’s Marketing Team is available during office hours: Mondays to Fridays, 8:00 am to 5:00 pm. Clients may get in touch with the Digital Marketing team via our phone line (+632 4900000) or email marketing@imanila.ph.

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