1. Who these terms are between
These Terms of Service govern the relationship between [LEGAL ENTITY NAME], a [STATE] limited liability company trading as BuiltCold ("BuiltCold", "we", "us"), and the person or company purchasing services ("Client", "you").
By submitting an enquiry, signing a service agreement, or paying an invoice, you accept these terms. Where a signed service agreement conflicts with anything here, the signed agreement controls.
2. What we provide
BuiltCold provides business-to-business cold email infrastructure and, where purchased, managed outreach. Depending on what you buy, this may include:
- Registration and configuration of dedicated sending domains and mailboxes
- DNS authentication setup (SPF, DKIM, DMARC)
- Domain and mailbox warm-up
- Lead sourcing, verification and list management
- Email sequence writing and A/B testing
- Campaign execution, monitoring and reporting
- Routing of replies to your chosen destination
The specific scope for your engagement is set out in your service agreement. Anything not listed there is out of scope.
3. Fees and payment
3.1 Build fee
The build fee is a one-time charge, payable in full before work begins. It covers domain registration, mailbox provisioning, DNS configuration, warm-up, and the first month of infrastructure costs. The build fee is non-refundable once domains have been registered, because those costs are incurred immediately and cannot be recovered.
3.2 Outreach fees
Managed outreach is billed at the daily rate in your service agreement and begins only when campaigns go live — not during warm-up. Fees are invoiced monthly in advance and due within 7 days.
3.3 First-month rate
Where offered, the first thirty days of live sending are billed at 50% of the standard daily rate. This applies once, to new clients only.
3.4 Ongoing infrastructure costs
After the first month, infrastructure costs (domain renewals, mailbox hosting, sending platform) are either included in your managed outreach fee or, for build-only clients, become your responsibility — approximately $175–$250 per month depending on scale.
3.5 Late payment
We may suspend campaigns on accounts more than 7 days overdue. Suspended accounts continue to incur infrastructure costs.
4. The reply floor
Where your service agreement includes a reply floor, the following apply:
- The floor is measured over the first thirty days of live sending, not the first thirty days of the engagement.
- A "reply" means any direct human response received to a campaign message. Automated bounces, delivery failures, and auto-responders are excluded. Rejections and negative replies are included.
- The floor applies only where BuiltCold wrote the email sequences and built the contact list. If you supply your own copy or your own list, the floor does not apply.
- If the floor is not met, we will run a further thirty days of live sending at no charge. This is the sole and exclusive remedy for missing the floor.
- The floor does not apply if campaigns are paused, if you materially delay approvals, or if you change your ICP or offer mid-period.
We do not guarantee meetings, opportunities, pipeline, or revenue. We guarantee delivery and response volume, which are what infrastructure and targeting produce. Whether a responder becomes a customer depends on your offer, your market and your sales process, none of which we control.
5. Your responsibilities
You agree to:
- Provide accurate information about your business, offer and ideal customer profile
- Respond to approval requests within a reasonable time
- Ensure any contact list you supply was lawfully obtained and may lawfully be emailed
- Ensure any copy you supply is accurate, not misleading, and does not infringe anyone's rights
- Handle replies and opt-out requests forwarded to you promptly
- Not use the infrastructure for anything prohibited under our Anti-Spam and Acceptable Use Policy
6. Client-supplied lists
If you provide contact data, you warrant that it was lawfully collected and that you have a lawful basis to send commercial email to it. You indemnify BuiltCold against any claim, penalty or loss arising from data you supplied.
We may refuse or discontinue use of any list at our discretion, including where it produces elevated bounce or complaint rates, or where its provenance cannot be established. This is not a judgement about you — high-complaint lists damage sending infrastructure shared across our operations.
7. Ownership of infrastructure
On full payment of the build fee, sending domains and mailboxes provisioned for you are yours. We will transfer registrar and mailbox administrative access on request at the end of the engagement, or at any time on request for build-only clients.
Email sequences we write for you are licensed to you for use in your own outreach. Our internal processes, templates, configurations and methodology remain ours.
8. Term, pause and cancellation
- Minimum term: thirty days of live sending once campaigns begin.
- After the minimum: either party may cancel with seven days' written notice.
- Pause: you may pause outreach with seven days' notice. Paused accounts are maintained at $200 per month to preserve domain warmth. Accounts unpaid and unpaused for more than 30 days may have their infrastructure decommissioned.
- Our right to terminate: we may terminate immediately for non-payment, for breach of the Anti-Spam and Acceptable Use Policy, or where continuing would expose us to legal or reputational risk. Fees paid for services already delivered are not refunded.
9. Compliance
We design and operate campaigns to meet CAN-SPAM requirements, and where relevant, CASL and the GDPR. Every campaign message includes accurate sender identification, a valid physical postal address and a working opt-out.
We do not warrant that any campaign is compliant in every jurisdiction. Email regulation differs by country and is interpreted differently by different regulators. You remain responsible for ensuring outreach on your behalf is lawful in the markets you have asked us to target, and for telling us if there are jurisdictions we should exclude.
10. Deliverability
Mailbox providers make independent, unpublished decisions about filtering. We follow industry best practice — dedicated domains, full authentication, gradual warm-up, sender rotation, list verification and daily monitoring — but we cannot guarantee inbox placement, open rates, or that any particular message will be delivered.
Where a sending domain's reputation degrades, we will isolate it, provision and warm a replacement, and continue your campaign. Replacement domain costs are covered under managed outreach and billed at cost to build-only clients.
11. Limitation of liability
To the maximum extent permitted by law:
- Our total aggregate liability arising out of or relating to these terms is limited to the fees you paid us in the three months preceding the claim.
- We are not liable for indirect, incidental, consequential, special or punitive damages, including lost profits, lost revenue, lost business opportunity, or damage to reputation.
- We are not liable for the acts of third parties including registrars, mailbox providers, sending platforms and data vendors.
Nothing in this section limits liability that cannot lawfully be limited.
12. Indemnity
You will indemnify and hold harmless BuiltCold and its owner against claims, damages, penalties and reasonable legal costs arising from: contact data you supplied; copy or claims you supplied; your products or services; or your breach of these terms or the Anti-Spam and Acceptable Use Policy.
13. Confidentiality
Each party will keep the other's non-public business information confidential and use it only to perform under these terms. This survives termination by two years.
14. Independent contractor
BuiltCold is an independent contractor. Nothing here creates a partnership, joint venture, agency or employment relationship.
15. Changes
We may update these terms. Material changes will be notified to active clients by email at least 30 days before they take effect. Continuing to use the service after that constitutes acceptance.
16. Governing law
These terms are governed by the laws of [STATE], without regard to conflict of laws principles. Disputes will be resolved in the state or federal courts located in [COUNTY, STATE], and both parties consent to that jurisdiction.
17. Contact
[LEGAL ENTITY NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
[EMAIL]