Terms of service

These terms apply to advisory and consulting engagements — audits, strategy, written recommendations and scheduled advisory sessions.

They cover advisory services only. Any software or subscription product you may license from us separately is governed by its own agreement, and nothing in these terms grants rights under that agreement or obliges you to enter one.

Every engagement begins with a written statement of work setting out the deliverables, the timetable and the fee. Work begins only once you have accepted it in writing.

Anything not named in that statement is out of scope. Where you ask for additional work, we will quote it separately rather than absorb it silently or bill you by surprise.

Our deliverables are advice and documents. In every engagement:

• We audit, diagnose, plan and review. Your team implements.
• We do not send email, SMS or WhatsApp messages on your behalf.
• We do not take custody of, purchase, rent, sell or supply contact lists.
• We do not operate your sending accounts, and we ask for read-only access wherever read-only access is sufficient.
• We do not guarantee any particular commercial outcome — see clause 8.

The quality of the advice depends on the quality of what we are shown. You agree to provide accurate information and timely access to the systems and people an engagement requires, and to hold the rights and consents necessary for any data you share with us.

You remain responsible for your own compliance with the law that applies to your marketing, including consent, opt-out and data-protection obligations. We advise on these; we do not assume them.

• Published prices are exclusive of GST. GST is added at the applicable rate and shown separately on the tax invoice.
• Fixed-scope engagements are invoiced in full before work begins.
• Retainers are invoiced monthly in advance, with a minimum term of three months.
• Every payment produces a GST-compliant tax invoice issued in the name of the paying entity.
• Fees are quoted and payable in Indian Rupees.

Cancellation rights and refund entitlements are set out in full in the refunds and cancellation policy, which forms part of these terms.

Anything you disclose in the course of an engagement is treated as confidential and is not disclosed to third parties or used for any purpose other than performing the work. This survives the end of the engagement.

On payment in full, the deliverables prepared specifically for you become yours to use internally without restriction. We retain ownership of our own pre-existing methods, templates and know-how, and remain free to advise other clients — including in your industry.

Deliverability, search ranking and messaging quality ratings are determined by third parties — mailbox providers, search engines and messaging platforms — applying criteria they do not publish in full and change without notice.

We can therefore make no guarantee of inbox placement, ranking position, message approval or revenue. What we commit to is the delivery of the work described in the statement of work, performed with reasonable skill and care. Anyone guaranteeing you an inbox placement rate is guessing.

To the extent permitted by law, our total liability arising from an engagement is limited to the fees you have paid for that engagement. We are not liable for indirect or consequential loss, including lost profit, lost revenue or loss of goodwill.

Nothing in these terms excludes liability that cannot lawfully be excluded.

Either party may end a retained engagement on 30 days' written notice once the minimum term has been served. Either party may end any engagement immediately if the other commits a material breach that is not remedied within 14 days of written notice.

We may decline or discontinue work that would require us to assist with sending unsolicited messages, with purchased or scraped contact lists, or with anything we reasonably believe to be unlawful. Where we do so, unearned fees are refunded.

These terms are governed by the laws of India. The courts at the place of our registered office have exclusive jurisdiction over any dispute arising from them.

Questions about these terms should go to billing@sendpository.com.