Welcome to Digital Nomad Media. These Terms and Conditions (“Terms”) govern your use of our website and the email marketing services we provide to ecommerce brands.

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By accessing our website or engaging our services, you agree to these Terms. If you do not agree, please do not use our site or services.

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1. About Us

 

Digital Nomad Media is a trading name of Digital Nomad Media. Our registered office is in Glasgow, Scotland.

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We specialise in email marketing strategy, Klaviyo flows & campaigns, automations, audits, copywriting, and monthly retainers for ecommerce brands.

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2. Services

 

We provide email marketing services as outlined in individual proposals, contracts, or service agreements (“Service Agreement”). The specific scope, deliverables, timelines, and fees will be detailed in the Service Agreement, which takes precedence over these general Terms in case of conflict.

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3. Client Responsibilities

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You agree to:

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• Provide timely access to your email platform (e.g. Klaviyo, Attentive), Shopify store, analytics, and any other required data.

• Supply accurate product information, branding assets, and approval on copy/creatives within agreed deadlines.

• Maintain compliance with all applicable laws (including GDPR, UK GDPR, PECR, and anti-spam regulations).

• Ensure any customer data you provide has been collected lawfully with proper consent.

 

Delays caused by you may result in revised timelines or additional fees.

 

4. Payment Terms

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• All fees are quoted exclusive of VAT (unless stated otherwise).

• Deposits and milestone payments are due as per the Service Agreement.

• Monthly retainers are billed in advance and are non-refundable for that month.

• Late payments may incur interest at 8% per annum above the Bank of England base rate.

• We reserve the right to pause services until outstanding payments are cleared.

 

Full details are covered in our separate Refund Policy.

 

5. Intellectual Property

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• Our Work: All strategies, flows, email copy, designs, and other deliverables remain our intellectual property until full payment is received. Upon full payment, we grant you a perpetual, non-exclusive, royalty-free licence to use them for your business.

• Your Assets: You grant us a limited licence to use your branding, products, and data solely to deliver the services.

• We may showcase anonymised or approved case studies on our website and social channels unless you request otherwise in writing.

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6. Confidentiality

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Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement. This obligation survives termination of the agreement.

 

7. Data Protection & GDPR

 

We act as a data processor for any personal data you provide. We maintain appropriate technical and organisational measures and comply with UK GDPR. Our full Privacy Policy details how we handle data.

You remain the data controller and are responsible for lawful processing of your customer data.

 

8. Results & No Guarantees

 

Email marketing results depend on many factors (your products, audience quality, pricing, ad spend, etc.). While we use proven strategies and best practices, we cannot guarantee specific outcomes such as open rates, click rates, revenue, or ROI.

 

9. Termination

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• Monthly Retainers: Either party may terminate with 30 days’ written notice.

• Project-Based Work: Termination terms are set out in the Service Agreement.

• We may terminate immediately if you breach these Terms, fail to pay, or become insolvent.

 

Upon termination you remain liable for all fees incurred up to the termination date. Pre-paid but undelivered work will be handled fairly on a case-by-case basis.

 

10. Liability

 

Our total liability to you shall not exceed the total fees paid by you in the 12 months preceding the claim.

We are not liable for:

• Indirect, consequential, or punitive losses

• Loss of profits, revenue, or goodwill

• Issues arising from third-party platforms (Klaviyo, Shopify, etc.)

Nothing in these Terms excludes our liability for death, personal injury, fraud, or any other liability that cannot be excluded under UK law.

 

11. Force Majeure

 

Neither party is liable for delays or failure to perform due to events beyond reasonable control (e.g. strikes, pandemics, server outages, changes in platform policies).

 

12. Governing Law

 

These Terms and any Service Agreement are governed by the laws of Scotland and England & Wales. Disputes shall be subject to the exclusive jurisdiction of the Scottish courts.

 

13. Changes to These Terms

 

We may update these Terms from time to time. Continued use of our services after changes constitutes acceptance of the new Terms.

 

14. Contact Us

 

If you have any questions about these Terms, please contact us at:

Liam@digitalnomadmedia.com