1. Who we are and what these terms cover
These Terms of Service ("Terms") are an agreement between you and WayneFlow ("WayneFlow", "we", "us", "our"). They apply to your use of this website and, unless a separate signed agreement says otherwise, to any services we provide to you.
If you sign a proposal, order form, statement of work or service agreement with us (an "Agreement"), that Agreement controls wherever it conflicts with these Terms. By using this website, booking a call, or paying an invoice, you accept these Terms. If you are accepting on behalf of a company, you confirm you have authority to bind it.
2. Our services
We provide business-to-business outbound services such as lead research, list building, email infrastructure setup, cold email and LinkedIn outreach, reply handling and appointment setting. The exact scope, deliverables, timelines and fees are set out in your Agreement or invoice.
We decide the methods, tools, sending volumes, schedules and staff we use to deliver the services. We may use contractors and third-party software to perform the work.
3. Results, guarantees and case studies
Outbound results depend on many factors outside our control, including your offer, pricing, market, sales process, response time and the decisions of the people we contact. Except for any guarantee written into a signed Agreement, we do not promise any specific number of replies, meetings, sales, revenue or return on investment.
Any appointment guarantee applies only as written in your Agreement, including its definition of a "qualified" appointment, the start date, the measurement period, your obligations and the remedy. Unless your Agreement states otherwise, the only remedy under a guarantee is that we continue to work, at no extra service fee, until the guaranteed number is reached. A guarantee does not apply if you breach these Terms or your Agreement, delay approvals or onboarding, change your offer or target market, miss or fail to attend booked meetings, or pause the campaign.
Case studies, screenshots, figures and reviews on this website describe real past campaigns. They are not typical, they are not a promise, and your results will vary. "Pipeline" figures are the estimated value of qualified opportunities created, not revenue received.
4. Your responsibilities
- Give us accurate information about your business, offer and ideal customer, and respond to requests for approvals and information within 2 business days.
- Review and approve all outreach copy, offers and claims before launch. You are responsible for the truth of everything we say on your behalf based on information you give us.
- Attend booked meetings, follow up with prospects and run your own sales process.
- Make sure your products, services and claims comply with the laws that apply to your business.
- Not ask us to contact anyone on a list you know is unlawful to use, or to send content that is false, misleading, harassing or infringing.
5. Fees, payment and no refunds
Fees are as stated in your Agreement or invoice and are payable in advance in US dollars, unless agreed otherwise in writing. Setup fees, tools, domains, inboxes and data costs are non-refundable once work has started.
All fees paid are non-refundable, including for partial months, unless your signed Agreement expressly says otherwise. If a payment is more than 5 days late we may pause the services until it is paid, and late amounts may accrue interest at 1.5% per month or the highest rate allowed by law, whichever is lower. You are responsible for all taxes other than taxes on our income.
You agree not to dispute or charge back a valid payment. If you believe an invoice is wrong, email us within 14 days of the invoice date and we will work with you in good faith.
6. Term, cancellation and pausing
Unless your Agreement says otherwise, services renew month to month. Either party may cancel with 30 days' written notice to info@wayneflow.com. Fees for the notice period remain due. Any minimum term in your Agreement must be completed before cancellation takes effect.
We may suspend or end the services immediately if you breach these Terms, fail to pay, or ask us to do something we reasonably believe is unlawful or harmful to our sending reputation.
7. Outreach compliance
We run outreach to business contacts and design campaigns to follow the U.S. CAN-SPAM Act, including accurate sender details, honest subject lines, a working opt-out in every email and prompt handling of opt-out requests. We use separate sending domains so your main domain is not put at risk.
You agree that compliance with laws specific to your industry, your offer and your own website and sales process is your responsibility. If you instruct us to contact people in other countries, you are responsible for confirming that the outreach is lawful there.
8. Intellectual property and confidentiality
You own your company data, brand and the leads and meetings delivered to you. We own our methods, templates, processes, software setups, playbooks and know-how, including anything we create that is not specific to you. We grant you a license to use the outreach copy written for you for your own business.
Each party will keep the other's non-public business information confidential and use it only to perform or receive the services. You agree that we may name you as a client and use anonymized campaign figures and screenshots in our marketing, unless you ask us not to in writing.
9. Non-solicitation
During the services and for 12 months afterwards, you agree not to directly hire, engage or solicit any of our employees or contractors who worked on your account without our written consent. If you do, you agree to pay us a placement fee equal to 6 months of that person's compensation as a reasonable estimate of our loss.
10. Disclaimer of warranties
EXCEPT AS EXPRESSLY STATED IN A SIGNED AGREEMENT, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT EMAILS WILL BE DELIVERED, OPENED OR ANSWERED.
11. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DEALS, DATA OR GOODWILL, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR SERVICES IS LIMITED TO THE FEES YOU PAID US IN THE 3 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM. ANY CLAIM MUST BE BROUGHT WITHIN 1 YEAR AFTER IT AROSE.
12. Indemnity
You will defend, indemnify and hold harmless WayneFlow and its owners, staff and contractors from any claims, losses, fines and costs (including reasonable attorneys' fees) arising from your products or services, the information, lists or claims you provided or approved, your breach of these Terms or your Agreement, or your violation of any law.
13. Disputes, arbitration and class action waiver
Please contact us first at info@wayneflow.com; most issues can be solved quickly. If we cannot resolve a dispute within 30 days, it will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, held remotely by video unless both parties agree otherwise. Judgment on the award may be entered in any court with jurisdiction. Either party may seek urgent injunctive relief in court to protect confidential information or intellectual property, and we may bring a claim to collect unpaid fees in any court with jurisdiction.
ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU WAIVE ANY RIGHT TO A JURY TRIAL.
14. Governing law
These Terms and any Agreement are governed by the laws of the State of Delaware, USA, without regard to its conflict of law rules, and the Federal Arbitration Act.
15. General
We may update these Terms by posting a new version on this page; continued use of the website or services means you accept the update. These Terms and your Agreement are the entire agreement between us on this subject. If any part is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them to an affiliate or successor. Neither party is liable for delays caused by events beyond its reasonable control.
Questions? Email info@wayneflow.com, or the fastest way: book a call.