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Terms of Service

Last updated: Mar/28/2026

These Terms of Service (“Terms”) govern the services provided by Best Email Marketing Company, LLC, trading as Best Email Marketing Company and BEMCO (“BEMCO,” “we,” “us,” or “our”), to any client, purchaser, customer, or user (“Client,” “you,” or “your”).

By purchasing services, accepting a proposal, paying an invoice, clicking to accept online terms, or otherwise engaging BEMCO, you agree to these Terms.

If a proposal, statement of work, custom agreement, invoice, or written order form signed or accepted by both parties conflicts with these Terms, that specific written agreement will control to the extent of the conflict.

1. Services Covered

These Terms apply to services offered by BEMCO, including as applicable:

  • email marketing consulting;
  • campaign planning and support;
  • campaign setup and execution support;
  • lifecycle and automation strategy;
  • automation setup, repair, or optimization;
  • deliverability support and troubleshooting;
  • migration support between platforms;
  • audits, reviews, and recommendations;
  • prepaid support credits or support hours;
  • retained or recurring service arrangements;
  • implementation support and related communications.

2. No Guaranteed Acceptance of Work

Submitting an inquiry, using our service-order wizard, or making a purchase request does not guarantee that BEMCO will accept the engagement. We may decline work, pause onboarding, request clarification, or require a custom scope where appropriate.

3. Scoping, Estimates, and Recommendations

BEMCO may provide package suggestions, support-tier recommendations, estimated hour ranges, likely deliverables, or scope guidance through the website, the order wizard, email, or calls. These are made in good faith based on the information available at the time.

They are not guarantees that:

  • the quoted or recommended hours will cover all work;
  • the selected package is sufficient for unknown technical issues;
  • the engagement will achieve any particular business result.

If the actual scope is larger, more complex, or materially different from what was disclosed, we may require:

  • purchase of additional hours;
  • upgrade to a higher support tier;
  • a new scope of work;
  • a separate project or retainer arrangement.

4. Client Responsibilities

You agree to:

  • provide accurate, complete, and timely information;
  • respond to requests, approvals, and clarifications promptly;
  • provide lawful access to platforms, tools, and systems where needed;
  • ensure that credentials, assets, files, lists, and materials you provide are accurate and usable;
  • maintain backups of your own important data and systems;
  • review deliverables and communications in a timely manner;
  • ensure that your marketing practices, contact lists, and data collection comply with applicable law.

You represent and warrant that you have all necessary rights, permissions, and lawful bases to use and share with us any customer data, mailing lists, creative assets, brand materials, platform access, domains, and other materials you provide.

5. Third-Party Platforms and Tools

Many services depend on third-party platforms, tools, and providers such as ESPs, ecommerce systems, analytics platforms, CRM tools, hosting environments, DNS providers, and payment processors.

BEMCO is not responsible for downtime, policy changes, access restrictions, outages, pricing changes, or technical limitations imposed by third parties. We do not control third-party systems, and our services depend in part on those systems functioning as expected.

6. Fees, Pricing, and Payment

All fees are stated in the applicable proposal, scope, invoice, product page, checkout page, or written agreement.

Unless otherwise stated:

  • fees are in U.S. dollars;
  • payment is due in advance for prepaid services and by the date shown on the invoice for invoiced work;
  • taxes, duties, bank fees, processing fees, and government charges are your responsibility unless expressly stated otherwise;
  • late or failed payments may delay or suspend work.

We may use Stripe or another payment provider to collect payments. You authorize us and our payment processor to charge the payment method you provide for fees due under the applicable purchase or agreement.

7. Prepaid Support Credits / Support Hours

Where you purchase prepaid support credits, support hours, or similar time-based packages, the following terms apply unless a written agreement states otherwise.

A. Prepaid only

Support credits must be paid for in full before work begins.

B. Scope of use

Support credits may be used only for the types of work reasonably covered by the purchased support level and agreed scope.

C. Single brand / business use

Unless we agree otherwise in writing, a support credit package applies to one brand, one business, or one account group only.

D. Expiry

Unused support credits expire 60 calendar days after the date of purchase.

E. No rollover or cash value

Unused credits do not roll over, do not convert to cash, do not become account credit after expiry, and may not be exchanged for unrelated products or services.

F. Non-refundable

Prepaid support credits are non-refundable, except where refunds are required by applicable law.

G. Time tracking

Time may be tracked in 15-minute increments unless we state otherwise. Billable time may include:

  • scoping and planning;
  • research;
  • calls and meetings;
  • implementation;
  • QA and testing;
  • troubleshooting;
  • reporting;
  • project communication reasonably related to the work.

H. Start of work

Work will begin only after:

  • payment has cleared;
  • the necessary scope information has been provided;
  • required access, assets, and approvals are reasonably available.

I. Additional hours

If work exceeds the purchased hours, we may pause work until additional hours are purchased or a new agreement is reached.

J. No guaranteed package fit

Any package recommendation generated by the website or order wizard is an estimate based on the information you provide. Hidden issues, inaccurate inputs, missing assets, technical dependencies, or scope changes may increase the required hours.

8. Projects, Retainers, and Custom Engagements

For project-based or recurring services:

  • the scope, fee structure, deliverables, timeline, and approvals process will be set out in a proposal, statement of work, or written agreement;
  • recurring fees may renew according to the written agreement;
  • changes to scope may require revised pricing, revised timelines, or a new agreement.

9. Scope Changes

Any request that exceeds the agreed scope may be treated as a change request. We may, at our discretion:

  • decline the additional request;
  • quote additional fees;
  • use available support hours if appropriate;
  • issue a revised proposal or invoice;
  • move the work to a new engagement.

10. Turnaround Times and Timelines

Any turnaround times, estimates, deadlines, or delivery windows are targets only unless expressly guaranteed in writing.

We are not responsible for delays caused by:

  • missing assets or access;
  • delayed approvals;
  • client-side decision-making;
  • third-party outages or limitations;
  • technical issues outside our control;
  • force majeure events.

11. Approvals and Client Delays

You are responsible for reviewing and approving work promptly. If you delay approvals, fail to respond, or withhold required materials or access, timelines may shift and additional fees or hours may be required.

12. No Guaranteed Results

BEMCO does not guarantee any specific outcome, including:

  • revenue increases;
  • inbox placement;
  • open rates;
  • click rates;
  • subscriber growth;
  • conversion rates;
  • campaign performance;
  • deliverability restoration;
  • platform approval;
  • business performance.

Email performance depends on many factors outside our control, including list quality, consent quality, market conditions, product-market fit, sender reputation, domain setup, creative quality, offer strength, timing, competition, platform rules, and customer behavior.

13. Compliance Responsibility

You are responsible for ensuring that your business, data collection, subscriber practices, campaigns, content, consent practices, and contact lists comply with all applicable laws, regulations, platform rules, and industry standards.

BEMCO does not provide legal advice, and nothing we provide should be interpreted as legal or regulatory advice. You should consult qualified counsel regarding privacy, advertising, consumer protection, email, and data protection compliance.

14. Confidentiality

Each party agrees to protect the other party’s non-public confidential information using reasonable care and to use such information only as needed to perform or receive the services. Confidential information does not include information that:

  • is or becomes public without breach;
  • was already lawfully known;
  • is lawfully received from a third party without a duty of confidentiality;
  • is independently developed without use of the other party’s confidential information.

We may disclose confidential information where legally required, provided we may give notice where permitted.

15. Intellectual Property

A. Client materials

You retain ownership of materials you provide, including brand assets, copy, data, audience lists, templates you already own, and other pre-existing client property.

B. BEMCO materials

We retain ownership of our pre-existing materials, methods, frameworks, know-how, templates, internal tools, systems, scoring logic, processes, and any materials developed independently of your confidential information.

C. Deliverables

Upon full payment of all undisputed amounts due, and subject to these Terms, you receive a license or ownership in the final deliverables specifically created for you as set out in the applicable agreement. Unless otherwise agreed in writing, BEMCO retains ownership of all underlying know-how, reusable frameworks, and internal methods used to create the deliverables.

D. Third-party materials

Third-party platforms, plugins, stock assets, fonts, or licensed materials remain subject to the rights of their respective owners and their license terms.

16. Access and Credentials

If you provide BEMCO with access credentials or admin access to platforms, you represent that you have authority to do so. We are not responsible for losses caused by unauthorized access resulting from your own security failures, internal misuse, or third-party breaches outside our reasonable control.

You should revoke or rotate access when the engagement ends if continued access is not needed.

17. Suspension and Refusal of Service

We may suspend or refuse services if:

  • payment is overdue or reversed;
  • required access or information is not provided;
  • the work appears unlawful, deceptive, abusive, or high-risk;
  • your conduct is threatening, abusive, or unreasonable;
  • the engagement creates unacceptable legal, reputational, security, or operational risk.

18. Termination

Either party may terminate an ongoing engagement according to the relevant written agreement or, if none applies, on reasonable written notice.

Termination does not affect:

  • fees already due;
  • our right to be paid for work completed or time reserved;
  • expiry and non-refund rules for prepaid support credits;
  • accrued rights and obligations;
  • provisions intended to survive termination.

19. Refunds and Chargebacks

Except where required by law or expressly agreed in writing:

  • prepaid support credits are non-refundable;
  • project deposits, setup fees, and completed work are non-refundable;
  • services already delivered, time already spent, and work already scheduled or committed are non-refundable.

You agree not to initiate a payment dispute or chargeback in bad faith. If a chargeback is initiated, we may suspend services while the matter is resolved.

20. Disclaimer of Warranties

To the fullest extent permitted by law, services and deliverables are provided “as is” and “as available.” We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent such disclaimers are prohibited by law.

21. Limitation of Liability

To the fullest extent permitted by law, BEMCO and its owners, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profit, revenue, goodwill, business opportunity, data, or anticipated savings, arising out of or relating to the services.

To the fullest extent permitted by law, BEMCO’s total aggregate liability arising out of or relating to the services or these Terms will not exceed the total fees actually paid by you to BEMCO for the specific services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.

22. Indemnity

You agree to defend, indemnify, and hold harmless BEMCO and its owners, officers, employees, contractors, affiliates, licensors, and service providers from and against claims, losses, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable legal fees, arising out of or related to:

  • your business, products, offers, or claims;
  • your content, data, lists, or materials;
  • your violation of law, platform rules, or third-party rights;
  • your misuse of deliverables;
  • your breach of these Terms.

23. Force Majeure

Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including outages, internet failures, acts of government, war, terrorism, labor disputes, natural disasters, pandemics, or failures of third-party services.

24. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a business reorganization, asset sale, merger, or similar transaction.

25. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the services will be subject to the exclusive jurisdiction of the courts located in Cheyenne, Wyoming, unless applicable law requires otherwise.

26. Entire Agreement

These Terms, together with any accepted proposal, statement of work, order form, invoice, or other written agreement, form the entire agreement between the parties regarding the relevant services and supersede prior discussions on that subject.

27. Changes to These Terms

We may update these Terms from time to time for future engagements by posting a revised version on the website. The version in effect at the time of purchase or acceptance will govern that engagement unless both parties agree otherwise in writing.

28. Contact

Questions about these Terms should be sent to:

Protected contact details – click to reveal.