Straight Up One

    Email Marketing Terms And Conditions

    This Email Marketing Agreement ("Agreement") is entered into by and between Straight Up One ("Provider") and your agency ("Agency"), collectively referred to as the "Parties".

    1. Scope of Services

    The Agency will provide Straight Up One with details, access, and information relating to its individual clients ("End Clients") in order for Straight Up One to deliver services to them. However, the Agency remains the sole client of Straight Up One, and Straight Up One has no direct contractual relationship, responsibility, or obligation to any End Client. Straight Up One agrees to provide email marketing services on behalf of the Agency to its End Clients. Services may include, but are not limited to:

    • Email strategy and content planning
    • List segmentation and data management
    • Email design and template development
    • Campaign copywriting and content creation
    • Automation and flow setup
    • Deliverability optimisation and domain authentication support
    • Campaign scheduling and deployment
    • Performance monitoring and reporting

    2. Agency Responsibilities & Data Compliance

    The Agency agrees to:

    • Serve as the primary contact for the End Client.
    • Provide timely access and necessary information (e.g., email platform credentials, brand assets).
    • Warrant that all contact lists provided to Straight Up One have been collected in strict accordance with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth).
    • Guarantee that every recipient on the provided lists has given express "opt-in" consent to receive marketing communications and that the Agency maintains records of such consent.
    • Manage all client communications, feedback, and unsubscribe requests not handled automatically by the platform.
    • Ensure timely payment to Straight Up One as per agreed terms.

    3. Fees and Payment

    Fees for each End Client will be clearly specified on the invoice that Straight Up One provides. The Agency agrees to pay Straight Up One in advance before any work begins. For ongoing services, payment terms are strictly 7 days from the invoice date. Late payments may incur a 5% monthly late fee.

    4. Term and Termination

    This Agreement will continue on a month-to-month basis unless otherwise specified. Either party may terminate this Agreement with 30 days' written notice. The Agency remains responsible for all fees for services provided up to the termination date.

    5. Confidentiality

    Both parties agree to keep confidential all proprietary or sensitive information received under this Agreement. Straight Up One will not disclose its involvement to the End Client under any circumstances.

    6. Performance Disclaimer

    Straight Up One makes no guarantees regarding specific open rates, click rates, conversions, or revenue generated. Performance is influenced by many factors beyond Straight Up One's control, including list quality, industry trends, deliverability, and recipient behavior.

    7. Limit of Liability and Indemnity

    The Agency acknowledges and agrees that Straight Up One shall have no liability for any direct, indirect, incidental, consequential, or special damages, including (but not limited to) loss of business, revenue, profits, data, or reputation, arising from or related to this Agreement.

    The Agency agrees to indemnify, defend, and hold Straight Up One harmless from any claims, fines, penalties, damages, or expenses (including legal fees on a full indemnity basis) arising from the services performed, specifically including any claims related to the Spam Act 2003 or breaches of data privacy resulting from the lists provided by the Agency.

    8. Intellectual Property

    All email templates, copy, and creative materials created under this Agreement become the property of the Agency upon full payment and may be used by the Agency as needed for its End Clients.

    9. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to conflict of law provisions.

    10. Entire Agreement

    This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior agreements, understandings, and representations.