Terms of Service

Last Updated: 28 November 2025

These Terms of Service ("Terms") constitute a legally binding agreement between Swestun ("we," "us," or "our") and the client ("you" or "Client") regarding your use of our website and our B2B lead generation services (the "Services").

By accessing our website or engaging our Services, you agree to be bound by these Terms.

1. INTERPRETATION

1.1. "Services" means the B2B client acquisition infrastructure, data mining, copywriting, and outreach management provided by Swestun.
1.2. "Deliverables" means any specific outputs defined in a Proposal or Service Agreement, such as lead lists, email scripts, or landing pages.
1.3. "Qualified Meeting" means a scheduled sales call with a prospect who meets the criteria agreed upon in the Proposal.

2. SERVICES

2.1. We agree to provide the Services with reasonable skill and care, in accordance with the specific scope defined in your Proposal or Invoice.
2.2. While we utilize industry-standard tools (including but not limited to Apollo.io and Instantly.ai) to maximize deliverability, we cannot guarantee specific revenue results, open rates, or response rates, as these are influenced by market factors outside our control.
2.3. We act as an independent contractor. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

3. FEES AND PAYMENT

3.1. Setup Fees: Any one-time infrastructure or setup fees are non-refundable and due prior to the commencement of work.
3.2. Performance Fees: Fees for "Qualified Meetings" or "Results" are due as per the terms stated on your Invoice.
3.3. Late Payment: We reserve the right to charge interest on overdue amounts at the rate of 8% per annum above the Bank of England base rate, accruing daily from the due date until payment is made.
3.4. All fees are exclusive of VAT, which shall be charged at the prevailing rate if applicable.

4. CLIENT OBLIGATIONS

4.1. You agree to provide us with all necessary information, logos, and approvals required to perform the Services in a timely manner.
4.2. Domain Ownership: If we purchase "burner" domains on your behalf, we retain administrative control of these domains during the engagement. Upon termination and full payment of outstanding fees, we may transfer control of these domains to you upon request.

5. DATA PROTECTION & COMPLIANCE (UK GDPR)

5.1. Both parties agree to comply with all applicable requirements of the Data Protection Legislation (UK GDPR and the Data Protection Act 2018).
5.2. Controller vs. Processor: For the purposes of cold outreach, the Client is the Data Controller determining the purpose of processing, and Swestun is the Data Processor.
5.3. Warranties: You warrant that you have a "Legitimate Interest" (as defined by GDPR) to contact the business prospects we target on your behalf. You accept full liability for any complaints or compliance issues arising from the content of the emails we send on your specific instruction.
5.4. We agree to process personal data only on your written instructions and to take reasonable steps to ensure the security of such data.

6. INTELLECTUAL PROPERTY

6.1. Our IP: We retain ownership of our proprietary methodologies, templates, playbooks, and internal datasets used to provide the Services.
6.2. Your IP: You retain ownership of your brand assets and the specific list of leads generated exclusively for your campaign once paid for.

7. LIMITATION OF LIABILITY

7.1. Nothing in these Terms limits liability for death or personal injury caused by negligence, or for fraud.
7.2. Subject to clause 7.1, our total liability to you in contract, tort (including negligence), or breach of statutory duty shall not exceed the total amount paid by you to Swestun in the 3 months preceding the claim.
7.3. We shall not be liable for any indirect or consequential loss, including loss of profit, loss of business, or depletion of goodwill.
7.4. We are not liable for any third-party platform bans (e.g., if a domain is blacklisted by Google or Outlook), as this is an inherent risk of email marketing.

8. TERMINATION

8.1. Either party may terminate the Services by providing written notice as specified in your Service Agreement (usually 30 days).
8.2. We may terminate immediately if you fail to pay any amount due or commit a material breach of these Terms.

9. GOVERNING LAW

9.1. These Terms and any dispute or claim arising out of them shall be governed by and construed in accordance with the law of England and Wales.
9.2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of these Terms.

Contact Us
If you have questions about these Terms, please contact us at:
Email: legal@swestun.com