Terms of service

What we do

We run cold email outreach on your behalf. That means building a list of companies in your target market, writing an email sequence, sending it from infrastructure we set up and manage, handling replies, and booking sales calls onto your calendar.

We do not sell on your behalf, close deals, or take part in the calls we book. What happens on the call is yours.

What you pay for

You pay a fee per qualified call that shows up, plus third-party tech costs at cost (clause 05). No retainer, no charge per lead, no charge per email sent, and no fee for our work in any month where no qualified call takes place.

A call is billable only when all three of the following are true:

• The attendee is a decision-maker or a named authorised representative for the purchase.
• Their company matches the written qualification criteria agreed by both parties before sending begins.
• The attendee joins the scheduled call.

If a call fails any of these, it is not billable and you owe nothing for it. The fee per qualified call is the amount set out in your onboarding agreement, and it does not change without your written agreement.

Qualification criteria

Before we send anything, we agree in writing the criteria that make a company and a contact qualified — typically industry, company size, location and job title. Neither party may change those criteria unilaterally after sending begins. Changes take effect only when both parties agree them in writing, and only for calls booked afterwards.

Disputing a call

At the end of each week we send you the calls we intend to bill for. If you believe one should not be billed, tell us within two business days of that summary and say which criterion it failed. We will review it against the written criteria and, where you are right, remove it from the invoice. Calls not disputed within that window are treated as accepted.

Third-party tech costs

Running outreach requires domains, inboxes, data and sending software from third-party providers. These are billed to you at cost, with no margin to us, at the monthly amount stated in your onboarding agreement. They are not a fee for our work and we earn nothing on them. They are payable whether or not a qualified call is produced, because they are spent either way.

Billing

We invoice weekly in arrears for qualified calls that took place that week, and monthly in advance for tech costs. Payment is due within 14 days of the invoice date. We may pause sending on overdue accounts.

What we need from you

• One onboarding call so we understand what you sell and to whom.
• Sign-off on the lead list and the email copy before sending begins.
• A do-not-contact list covering existing customers and live opportunities, before sending begins.
• A calendar we can book into, kept accurate and current.
• Attending the calls we book, or giving us reasonable notice so we can reschedule.

If sign-off or a working calendar is delayed, the timeline moves by the same amount. Repeatedly missing calls we booked for you is grounds for us to end the engagement.

What you own

We register and manage separate sending domains and inboxes for your campaigns. We do not send cold email from your primary domain. Emails are sent in your business’s name using copy you approved.

You own the lead data. On request, or when the engagement ends, we hand over the lead lists we built, verified and enriched for your campaigns in a portable format, and you may use them however you like, including with another provider or in house. The email copy we wrote and you approved is likewise yours to reuse without restriction. Both apply whether or not the engagement produced a single qualified call.

The sending domains and inboxes remain ours and do not transfer. The deliverability that makes them useful comes from warmup accumulated inside the inbox accounts, and that does not survive a move to another account, so transferred domains would arrive without the sending capability built behind them. If you would rather own the sending infrastructure outright, say so before we start and we will quote that arrangement separately.

Data and compliance

We source business contact data from licensed providers and send to business addresses for business purposes. Every message carries a working opt-out, and we honour opt-outs and suppression requests promptly. We comply with applicable commercial email law in the markets we send to, including CAN-SPAM in the United States and, where relevant, GDPR and PECR in Europe and the United Kingdom.

Before sending begins you give us a do-not-contact list covering your existing customers, live opportunities and anyone your team is already working. We block those contacts by email address and by company domain, so the whole organisation is excluded rather than the individual you named, and we will sync the list from your CRM or a shared sheet if you would rather not maintain it by hand. Anyone who opts out is added to that list and stays on it.

You are responsible for the accuracy of the claims you ask us to make about your business, and for any regulatory requirements specific to your industry. You must also tell us about any restricted account or market we should avoid.

Reply data and contact records generated for your campaigns belong to you and will be exported to you on request when the engagement ends.

Confidentiality

Each party will keep the other’s non-public business information confidential and use it only to perform this engagement. This survives the end of the engagement.

No guarantee of results

We do not promise a number of calls, a number of clients, or any level of revenue. Response rates depend on your market, your offer and factors outside anyone’s control. What we do guarantee is the payment structure: our fee is earned only when a qualified call shows up, and calls that are unqualified or unattended are never billable.

Any figures shown in an ROI calculator, proposal or call are arithmetic on inputs you supplied. They are illustrations, not forecasts, and are not a representation about future performance.

Ending the engagement

Either party may end the engagement with 30 days’ written notice. On termination you pay for qualified calls already delivered and for any third-party costs already incurred on your behalf. Sending stops on the effective date.

Liability

Neither party is liable to the other for indirect or consequential loss, including lost profits or lost business opportunity. Our total liability arising out of this engagement is capped at the total fees you paid us in the three months before the event giving rise to the claim. Nothing here limits liability that cannot lawfully be limited.

Changes to these terms

We may update these terms. If a change materially affects an active engagement, we will tell you in writing before it applies to you. Continuing to use the service after that notice means you accept the change.

Governing law

These terms are governed by the laws of the State of Minnesota, United States, and the state and federal courts located in Minnesota have exclusive jurisdiction over any dispute.

Contact

Questions about these terms: jon@revprocess.com.

RevProcess LLC
United States