Terms & Conditions

A. General Terms and Conditions

1. Client agrees to provide CodeCrew with all assets necessary for the creation and execution of each individual final deliverable to Client on the following timeline for Multi-Focus emails and/or Hero-Only emails:

  1. All final copy, imagery, and content that Client desires to have incorporated into an email must be provided to CodeCrew seventeen (17) business days in advance of the scheduled send date at a minimum.
  2. All revisions on email design, style, and content must be provided to CodeCrew ten (10) business days in advance of the scheduled send date at a minimum, and/or no later than three (3) business days after CodeCrew provides a design to Client for review.
  3. All revisions on email code must be provided to CodeCrew four (4) business days in advance of the scheduled send date at a minimum.
  4. All final revisions must be conveyed to the CodeCrew team on the above timelines in order to invoke zero Rush Fees. Timelines shorter than the above may be subject to Rush Fees.

Any situations which do not meet the above criteria are subject to having final deliverables from CodeCrew to Client delayed one (1) business day per business day that the work order is delayed due to lack of final deliverables or input from Client.

Client contracts. All commentary which is not specific to points vs non points basis systems shall apply to both systems regardless. If you are unsure which type your contract is, please reach out to [email protected] and they will gladly inform you.

Client’s points distribution to various types of work provided by CodeCrew shall have a weight of at least 40% of points directed towards the creation and execution of Multi-Focus emails.

Plain-text email requests are created on the following timeline. Please ensure that you provide copy or direction within this timeframe to hit your send-date target. Any requests that are received within a shorter period of time are susceptible to being pushed out the same number of days that the request is behind these due date for invoking a Rush Fee if Client does not allow for the send-date to be pushed:

2. All deliverables provided by CodeCrew to Client will be delivered on the following schedule after receiving final assets in full from Client, excluding any additional time allotted to feedback, discussions, the receipt of additional information or assets, or revisions due to Client delays.

3. Timelines and setting expectations
Please note that, in order to fully service our entire Client base, technical requests are prioritized on a FIFO (first in, first out) basis.

4. CodeCrew reserves the right to decline any work deemed Overage and Rush Fees (Out Of Scope), while ensuring a good-faith effort to provide Client with Services which CodeCrew is capable and able to perform, billed at CodeCrew’s hourly rate for the Services requested. Client takes full responsibility of copy and content creation for email and website services, as Client is the topic expert on their products and services, and it can be assumed that Client has a higher level of working knowledge on their products/services than CodeCrew.

5. Client and CodeCrew agree to act in "good faith" to plan and send requests as much in advance as possible to CodeCrew for Client.

6. CodeCrew's work begins when assets and content are received in full from Client. Timelines begin on the date of full asset receipt. If Client does not provide all necessary information, content, and assets before CodeCrew begins working on the project, CodeCrew may not be able to provide final deliverables on the date specified in the marketing calendar, due to not having everything it needs in order to provide the deliverables in a timely manner. If Client provides only partial assets at the time that full assets are due, CodeCrew reserves the right to adjust the timeline of deliverables based on when the final assets are provided to CodeCrew, or invoke a Rush Fee if Client does not agree to pushing the send date and gives approval to do so.

7. CodeCrew reserves the right to charge additional fees for priority requests or revision requests for any Client deemed to have excessive requests, at CodeCrew’s discretion. CodeCrew will always provide a minimum of 30 days notification prior to any change to CodeCrew’s pricing or terms.

Client understands that an email which is created, receives Content and/or Design stage approval yet is not deployed due to a lack of Client reply or an excessively slow Client reply, would still be sent on the previously agreed upon date as per Client’s Email Marketing Calendar. It is CodeCrew’s responsibility to drive performance for the email program, thus we reserve the right to send campaigns in the eventuality that a Client is unresponsive.

B. Business Working Schedule

CodeCrew has a working schedule of Monday-Friday while also celebrating all major national and local holidays in the United States of America as well as some larger holidays in the European Union and Canada. Although CodeCrew strives to provide responses and work within 24 hours of receipt of communications from Clients, as a result of celebrating various international, national and local holidays, may require a longer time period in which to respond to work inquiries or correspondences, and this will not be deemed a violation of Terms #1, #2, #4, and #8 of these Terms & Conditions.

C. Warranty and Limitations

Client agrees to indemnify and hold CodeCrew harmless with respect to any claim, loss, lawsuit, judgment or liability incurred by Client that results from the use of any deliverable prepared or performance of Services by CodeCrew or at the direction of CodeCrew that has been materially changed from the specifications by any vendors, employees or other third-party entity.

Client further agrees to indemnify and hold CodeCrew harmless with respect to any results, display or rendering issues, compatibility issues or any other design problem or issue resulting from the use of any Email Creative and Design Services, template or content provided to Client by CodeCrew. CodeCrew shall provide an example of how each email client or browser displays the Email Creative, Code and Design Services to Client and also provide the opportunity to sign off with Client’s approval of such. Demonstration that the Email Creative, Code and Design Services render and display correctly in one particular email client or browser does not mean that they will display for every possible instance, user or configuration that may exist. Client further acknowledges that CodeCrew is not responsible for interference from any recipient’s Operating System (OS), Web Browser, Firewall, Spyware, Spyware Blocker, Anti-Spam or Anti-Virus programs, plug-ins, browser extensions, security settings, network settings, or anything else that may interfere with the Email Creative, Code and Design Services, Template or Content displaying properly and as intended.

D. Compliance with Applicable Laws and Regulations.

CodeCrew and Client, and all email, campaigns, or related communications sent on behalf of Client by CodeCrew or CodeCrew’s agents or vendors shall comply with all applicable laws and regulations, including the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act), which establishes requirements for those who send commercial emails, and GDPR, CCPA (as amended), and CASL.

E. Implementation, Adjustment, and Modifications.

In the best interest of providing Client with the utmost value, Client agrees to allow CodeCrew to implement all final directives within Client’s email program, where CodeCrew has been given the authority to do so, including Client’s ESP (Email Service Provider), e-Commerce program (email sections ONLY unless Client requests otherwise or as part of CodeCrew’s specific website service package), or any third-party email/overlay/e-Commerce programs or applications.

In the event of Client needing an adjustment applied to work created and implemented by CodeCrew, Client will either discuss with CodeCrew before the implementation of an adjustment, or will instruct CodeCrew to make the adjustment. Client agrees to not interfere with any implementations put into effect by CodeCrew without discussing the adjustment with CodeCrew in advance, as this has the potential to cause an issue which would not have existed.

In the event of a business-critical emergency adjustment, Client may implement an adjustment without the consent of CodeCrew. A business-critical emergency adjustment is one which has immediate major impacts upon Client’s website, e-commerce platform, ESP or other revenue channel which has the immediate ability to severely impact Client’s business operations or revenue. Should Client undo, alter or redo any of the work CodeCrew has been doing as described above, CodeCrew reserves the right to refuse redoing or re-implementing past, current or future work that Client has modified.

F. No Responsibility for Theft.

CodeCrew has no responsibility for any unrelated third party taking all or any part of the content, ideas, or services provided to Client by CodeCrew. CodeCrew keeps all confidential information which Client provides to CodeCrew in secure storage in an effort to prevent any potential data breaches. Client is responsible for providing CodeCrew with separate log-in credentials for any and all applications CodeCrew requires to implement deliverables or offer expert advice. CodeCrew cannot be held responsible for any issues, errors or data thefts in case Client does not provide CodeCrew with separate log-ins.

For Overages & Rush Fees (Out Of Scope) requests, including but not limited to Technical Requests not included in our offering (please consult your Service Agreement for precise details), ‘WYSIWYG templates’ which incur a 5-point charge, Design Revisions over the allotment included in your service agreement or the chart seen directly above, and general Revisions outside of contractual scope, the below hourly rate applies.

Technical, Design, and General Revisions outside of Service Level scope $100/hr

If an email campaign must be created and deployed within a timeline shorter than the timelines stated in your email marketing calendar and/or Service Agreement, a Rush Fee is incurred. A Rush Scenario may fall into one (1) of three categories: Low, Medium, and High Rush. The hourly rate per Rush Scenario Type is seen below, and subject to CodeCrew’s discretion based on various factors including but not limited to the amount of time between when the request was received and when it must be implemented, the available resources to execute on the Rush request, and the urgency of the rush request.

Rush - Low $50.00 per hour
Rush - Medium $75.00 per hour
Rush - High $100.00 per hour

Please note that Rush Requests cannot be completed within a 1-2 business day timeline, unless created as a Plain Text message, or, if your account has a ‘Rush Template’ pre-created, a ‘Templatized, Plain Text’ message can be deployed on this timeline. A Multi-Focus or Hero-Only message cannot be created and deployed within 1-2 business days.

Overage and Rush Fees are not included in the monthly Service Level price. Overages include any/all rush scenarios and additional revisions outside of the scope of the Service Agreement. All Rush Fees are billed per hour, at the hourly rate noted above.

In addition to the above, CodeCrew does provide 1 Repurposed Email free of charge every 2 months after the expiration of a period of 4 months from the Effective Date of the Services Agreement. Please note that any additional Repurposed Emails are added at the cost of 1 point per additional email within a 2-month time frame. A Repurposed Email is an evergreen email that has previously deployed and is sent at a minimum of 2 months after its initial send date.

Client understands that if Client creates and deploys marketing emails, CodeCrew strongly encourages Client to inform CodeCrew, so as to minimize its negative impact, if any, upon the larger email marketing operation. CodeCrew is not responsible for any emails created by Client. For that reason, CodeCrew’s monthly Service Level fees shall be payable whether or not Client sends or requests any emails in any given month after the first month of the Services. Client understands that no refunds are provided.

CodeCrew will never proceed with requests which will incur a Rush Fee unless given explicit consent by Client. Instead, CodeCrew will push an email send date or technical request the proper amount of time that will no longer incur a rush fee. CodeCrew may assist Client with out-of-scope requests if necessary, including but not limited to development work or non-email, internet-based services. If CodeCrew approves of Client’s request for Overages & Rush Fees (Out-of-scope) services, Client understands that they shall be charged at the same rate as a “High” Service Level Rush Request.

CodeCrew Strategy-Only Offering as an Add-On Service for Current, Active Clients:

As of 3/31/2022, CodeCrew is now offering a strategy-only offering for Clients on current, active contracts, as per the following:

At the 'cost' of 5 points total, per automated workflow:

At the 'cost' of 1 point per 3-month period, per automated workflow:

*Please note that A/B tests which include a design feature of the email being tested (greater in nature than solely a title or button adjustment) will heretofore be considered the equivalent of 1 regular (Multi-Focus or Hero-Only) email + design-variant email.