Terms of Service
1. About these terms
These terms govern the use of this website and any engagement between you and emeetr. By using this site or engaging our services, you agree to these terms. If you do not agree, please do not use the site or engage our services.
2. Who we are
emeetr is operated by Lee Elliott, a sole trader registered in England and Wales. Correspondence address: 4 Castle Quay, Castle Boulevard, Nottingham, England, NG7 1FW. General enquiries: hello@emeetr.com.
3. Services
We provide cold-email and related lead-generation services to business clients. The specific scope, deliverables, fees and term of any engagement will be set out in a separate written engagement letter agreed between us. These terms apply alongside any such engagement letter; in the event of conflict, the engagement letter prevails.
4. Client obligations
If you engage us, you agree to:
- Provide accurate and current information about your business, products and target customers.
- Comply with all laws and regulations that apply to you, including data protection and electronic marketing laws.
- Hold a lawful basis for any personal data you provide to us, and obtain any consents required from the individuals concerned.
- Respond to reasonable requests for input, approvals and feedback within the time frames agreed.
- Pay our fees in accordance with the engagement letter.
5. Fees and payment
Fees are as set out in the engagement letter. Unless agreed otherwise, invoices are payable within fourteen (14) days of issue. Late payments may incur interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998.
6. Intellectual property
We retain all intellectual property rights in our templates, frameworks, methodologies and pre-existing materials. On full payment, you are granted a non-exclusive, non-transferable licence to use the deliverables created for you under an engagement for your own internal business purposes.
You retain all intellectual property rights in materials you supply to us. You grant us a licence to use those materials only as needed to perform the services.
7. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the engagement, and to use it only for the purposes of the engagement. This obligation survives termination.
8. Warranties
We will perform the services with reasonable skill and care. We do not guarantee any specific outcome, including the number of meetings booked, reply rates, deliverability rates, or revenue generated.
Except as expressly set out in these terms and any engagement letter, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9. Limitation of liability
Nothing in these terms limits or excludes either party’s liability for:
- Death or personal injury caused by negligence.
- Fraud or fraudulent misrepresentation.
- Any other liability that cannot be limited or excluded by law.
Subject to the above, our total liability to you in connection with these terms and any engagement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total fees actually paid by you to us in the three (3) months immediately before the event giving rise to the claim.
Neither party is liable for any indirect, consequential, special or punitive loss, or for loss of profits, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings or loss of data, however arising.
10. Indemnity
You agree to indemnify and hold us harmless from any claim, loss, liability, damage or expense (including reasonable legal fees) arising out of or in connection with:
- Any information, data or content you supply to us, including any personal data for which you do not hold a lawful basis.
- Your breach of any law or regulation that applies to you.
- Your breach of these terms or any engagement letter.
11. Termination
Either party may terminate an engagement in accordance with the engagement letter, or, in the absence of agreed termination terms, on thirty (30) days’ written notice. Either party may terminate immediately on written notice for material breach that is not remedied within fourteen (14) days, or for insolvency.
On termination, any fees due for work performed up to the termination date remain payable. Clauses 6 (Intellectual property), 7 (Confidentiality), 9 (Limitation of liability), 10 (Indemnity) and 12 (Governing law) survive termination.
12. Governing law and jurisdiction
These terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.
13. General
If any provision of these terms is held to be invalid or unenforceable, the remaining provisions continue in full force. A failure to enforce any right under these terms is not a waiver of that right. These terms, together with any engagement letter, form the entire agreement between us in relation to the services and supersede any prior representations or agreements.