Terms and conditions

1. Definitions

• We / us: Goudbound, the party providing the services.
• Client: the business or organisation that engages us. Our services are only for businesses, not for consumers.
• Proposal: our written offer describing the services, fees, term and any pilot campaign.
• Agreement: the agreement between us and the client, consisting of the accepted proposal, these terms and the data processing agreement.
• Services: the cold email outreach services described in the proposal.
• Prospects: the people and businesses we contact on the client's behalf.
• Portal: the online client dashboard where the client can see campaign results.

2. When these terms apply

2.1 These terms apply to every proposal, agreement and service of ours. The client's own general terms do not apply.

2.2 Deviations from these terms are only valid if we have agreed to them in writing (email counts as writing).

2.3 If any provision is invalid, the rest of these terms remains in force, and the invalid provision is replaced by a valid one that comes as close as possible to its intent.

3. Proposals and the agreement

3.1 Our proposals are valid for 30 days, unless stated otherwise.

3.2 The agreement is concluded when the client accepts the proposal in writing, or when we start the services at the client's request.

4. Our services

4.1 Depending on the proposal, our services include defining the target audience, building and verifying prospect lists, setting up sending domains and inboxes, writing email sequences, sending campaigns, handling replies, booking meetings and reporting.

4.2 We perform the services to the best of our ability and with due care. This is an obligation of effort, not of result: responses to cold email depend on factors outside our control, such as the market, the client's offer and the decisions of email providers. Specific results are only guaranteed as described in article 7.

4.3 We use third-party tools (such as Reachkit) to deliver the services. We may replace them with equivalent tools.

4.4 Timelines (such as "live within 3 weeks") are targets, not strict deadlines, and depend on the client providing what we need on time.

5. What we need from the client

5.1 The client provides correct and complete information about its offer, ideal customer and anything else we reasonably need, in good time.

5.2 The client reviews and approves (or comments on) proposed email copy within 5 business days. Nothing is sent without the client's approval.

5.3 The client is responsible for the lawfulness and accuracy of its offer and of the claims we are asked to make about it, and for honouring meetings booked on its behalf.

5.4 If a prospect asks the client directly not to be contacted, the client tells us promptly so we can stop all contact.

6. Sending domains and infrastructure

6.1 We set up separate sending domains and inboxes for the services; we never send cold email from the client's main domain. The costs are included in our fees unless the proposal says otherwise.

6.2 When the agreement ends, we transfer the sending domains to the client at its request, provided all invoices have been paid. Otherwise we may cancel them.

7. Free pilot campaign

7.1 A free pilot campaign applies when the proposal states it. Unless the proposal says otherwise, it consists of a list of up to 500 prospects matched to the client's target audience, about two weeks of warming up the sending inboxes, and sending the campaign over about two weeks.

7.2 We charge no fee for the pilot campaign, including domains, inboxes and tools. Work outside that scope is only charged if agreed in writing beforehand.

7.3 After the pilot campaign, the client decides whether to continue. The pilot ends automatically; a paid agreement only starts when the client accepts a proposal for it.

7.4 Article 4.2 also applies to the pilot campaign: we do not guarantee a particular number of replies or meetings.

8. Fees and payment

8.1 Our fees are stated in the proposal and exclude VAT.

8.2 Unless agreed otherwise, we invoice monthly in advance. Invoices must be paid within 14 days of the invoice date.

8.3 If an invoice is not paid on time, the client owes the statutory commercial interest (wettelijke handelsrente) and reasonable collection costs, and we may suspend the services until payment is received.

8.4 We may adjust our fees once per calendar year, with at least 30 days' notice. If the client does not agree, it may end the agreement on the date the new fees take effect.

9. Term and termination

9.1 The agreement starts with the initial term stated in the proposal (normally 3 months). After that it continues on a monthly basis.

9.2 After the initial term, either party may end the agreement in writing with one calendar month's notice.

9.3 Either party may end the agreement immediately in writing if the other party seriously breaches it and does not remedy the breach within 14 days of a written notice, or if the other party is declared bankrupt or granted a suspension of payments.

9.4 When the agreement ends, we stop all campaigns, provide a final report, and close the client's portal access within 30 days.

10. Data protection

10.1 Both parties comply with the General Data Protection Regulation (GDPR/AVG). For campaigns we run for the client, the client is the controller and we act as its processor. The data processing agreement, which forms part of the agreement, sets out the details.

10.2 We only contact prospects in a business context, include a simple opt-out in every email, and process opt-outs immediately. How we handle personal data is explained in our privacy policy.

11. Confidentiality

Both parties keep confidential all information about the other party that is marked as confidential or that should reasonably be understood to be confidential, also after the agreement ends.

12. Intellectual property

12.1 Once all related invoices have been paid, the client may freely use the email copy and prospect lists we created specifically for it.

12.2 Our methods, templates, know-how and tools remain ours. We will only name the client as a reference with its permission.

13. The client portal

13.1 Portal logins are personal. The client keeps login details secret and tells us immediately if they may have been misused.

13.2 The portal shows data from third-party tools for information. We do our best to keep it available and correct, but do not guarantee uninterrupted access.

14. Liability

14.1 Our liability is limited to direct damage, up to at most the fees the client paid us in the 3 months before the event that caused the damage.

14.2 We are not liable for indirect damage, such as lost profit, lost revenue or reputational damage, nor for damage caused by third-party tools, email providers' filtering or blocking decisions, or incorrect information provided by the client.

14.3 These limitations do not apply in case of intent or deliberate recklessness (opzet of bewuste roekeloosheid) on our part.

14.4 Claims must be reported to us in writing within 12 months after the client became aware of the damage.

15. Force majeure

Neither party is liable for failing to perform due to circumstances beyond its reasonable control, including outages or changes at third-party tools and email providers. If force majeure lasts longer than 60 days, either party may end the agreement in writing.

16. Changes to these terms

We may change these terms. We announce changes at least 30 days before they take effect. If the client does not agree, it may end the agreement on the date the changes take effect.

17. Applicable law and disputes

17.1 Dutch law applies to these terms and all agreements.

17.2 We will first try to resolve any dispute together. If that fails, the competent court in the district where we are established decides.

18. Use of this website

The information on this website is general and can change. No rights can be derived from it; what we agree with a client is set out in the proposal and these terms.