Email Infrastructure Terms & Conditions

These Terms & Conditions govern the provision of email infrastructure, deliverability support, sender authentication, template setup, and related managed email services by Empex Digital.

By purchasing, accepting, or using an email infrastructure service from Empex Digital, the client agrees to these terms unless a separate written agreement has been signed by both parties.

Email infrastructure services are intended to support cleaner, more reliable business email sending, subject to the selected plan, technical environment, and practical limitations of email delivery systems.

The standard email infrastructure service levels are:

Empex Digital may revise pricing, features, and scope in the future. Changes will not affect an already paid service period, and reasonable notice will be given where changes are to apply going forward.

Email infrastructure services are limited to the reasonable scope of the selected plan and the technical environment in which the sending system operates.

Depending on the selected service level, work may include:

Services do not automatically include unlimited template creation, unlimited deliverability consulting, full email marketing strategy, copywriting, CRM configuration, major app development, or unrestricted engineering time unless expressly agreed in writing.

Unless expressly stated otherwise in writing, setup and monthly service fees cover Empex Digital’s implementation, oversight, and management work.

Underlying sending provider costs may be billed separately. These may include, but are not limited to:

Where provider fees are paid directly by the client, the client remains responsible for those charges.

Where Empex Digital incurs sending or provider-related charges on the client’s behalf, such costs may be invoiced separately in addition to the monthly service fee.

Template support under an email infrastructure service generally covers reasonable setup, editing, or implementation of agreed template types within the selected plan scope.

Typical examples may include:

Unless agreed otherwise, services do not automatically include:

Empex Digital can help improve technical email setup and provide deliverability-focused guidance, but cannot guarantee inbox placement, delivery rates, open rates, or sender reputation in all circumstances.

Deliverability is influenced by many factors outside Empex Digital’s full control, including:

Empex Digital will use reasonable care and skill in setting up and supporting the sending environment, but no absolute deliverability outcome is promised unless expressly agreed in writing.

Migration, onboarding, and setup work may be included only where expressly stated or otherwise quoted separately depending on the technical complexity of the existing setup.

The client must provide all necessary access, DNS control, sending platform access, domain information, source templates, and technical cooperation needed for onboarding or migration.

Empex Digital will use reasonable care in carrying out migration or replacement of an existing email setup, but cannot guarantee zero disruption, zero delay, or immediate compatibility in all cases.

Any support descriptions, priorities, or indicative handling expectations shown on the website are general service guidance unless a separate written service-level agreement states otherwise.

Empex Digital will make reasonable efforts to respond promptly, investigate material issues appropriately, and provide support in line with the selected service level.

No guaranteed response time, issue resolution time, or deliverability recovery time applies unless expressly agreed in writing.

The client is responsible for:

The client remains responsible for the legality, quality, and appropriateness of the messages they send and the data they use.

Email infrastructure services often rely on third-party providers, such as sending platforms, DNS providers, analytics tools, CRM systems, automation tools, and template systems.

Empex Digital is not responsible for provider outages, API changes, sending restrictions, pricing changes, account suspensions, reputation issues, or platform limitations caused by third-party systems beyond its reasonable control.

Where third-party issues create work outside normal scope, Empex Digital may recommend a separate quote or revised service arrangement.

Setup fees are payable as agreed before onboarding or implementation begins unless otherwise agreed in writing.

Monthly service fees are billed in advance unless otherwise agreed in writing.

All stated prices are exclusive of VAT unless expressly stated otherwise. VAT will be added where applicable.

Additional provider fees, third-party charges, or out-of-scope work may be invoiced separately.

If payment is overdue, Empex Digital may pause support, setup work, or ongoing management until payment is brought up to date.

Monthly email infrastructure services operate on a monthly rolling basis unless a different term is agreed in writing.

Either party may cancel by giving at least 14 days’ written notice before the next billing cycle, unless another notice period has been agreed in writing.

Cancellation does not remove the client’s obligation to pay for setup already completed, any current billed period, separately incurred provider fees, or additional approved work already carried out.

Offboarding, migration away, documentation preparation, domain transfer support, or sending platform transition work may be billed separately unless otherwise agreed.

Empex Digital will provide email infrastructure services with reasonable care and skill.

However, Empex Digital is not liable for indirect loss, loss of profit, loss of revenue, loss of opportunity, loss of data, loss of reputation, or consequential loss arising from use of, or inability to use, the email sending environment or related services.

Empex Digital is not liable for issues arising from:

To the fullest extent permitted by law, Empex Digital’s total liability in relation to email infrastructure services will not exceed the total fees paid by the client to Empex Digital for the relevant email infrastructure service during the 3 months immediately preceding the event giving rise to the claim.

These terms may be updated from time to time. The latest version published by Empex Digital will apply to future service periods unless a separate written agreement states otherwise.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.

No delay or failure in exercising rights shall operate as a waiver of those rights.

These terms are governed by the laws of England and Wales, and any disputes shall be subject to the jurisdiction of the courts of England and Wales, unless otherwise required by law.