Terms of service

These terms

These terms apply to your use of this website and, together with any written proposal or statement of work we agree with you, to the services we provide. Where a signed agreement conflicts with these terms, the signed agreement takes precedence.

Services

We provide retention, lifecycle, CRM and subscription marketing services. The scope of any engagement is set out in the proposal or statement of work, which describes what is included, what is excluded, the timeline and the fee. Anything not described there is out of scope until agreed in writing.

Fees and payment

Fees are quoted in US dollars and are exclusive of any applicable taxes. Audit fees are payable in advance. Project and monthly fees are invoiced as set out in the relevant agreement and are payable within the stated terms. Where an audit fee is credited against a subsequent engagement, that credit applies once, to the first invoice of that engagement.

Your responsibilities

To deliver the work we need timely access to the platforms, data and people described in the agreement, and reasonably prompt responses to questions and approvals. Delays in access or approval may move timelines. You are responsible for the accuracy of information you give us and for the legality of the products and claims we are asked to communicate.

Outbound communications and compliance

Where we send email or SMS, or make calls, on your behalf, we do so using your systems, your data and your approval. You remain the sender and the data controller for those communications, and you are responsible for ensuring you have the necessary consents and for compliance with applicable marketing law in the territories you operate in. We will advise on best practice and flag anything we believe to be non-compliant.

No guarantee of results

We give our honest assessment of what we expect a piece of work to achieve, and we show the reasoning behind it. Marketing outcomes depend on many factors outside our control, including your product, pricing, market and operations. Nothing in our proposals, reports or this website is a guarantee of any particular commercial result.

Intellectual property

You own the deliverables we produce for you once they are paid for, together with the content and assets you supply. We retain ownership of our own methods, frameworks, templates and general know-how, including anything developed before or independently of your engagement, and we may reuse these with other clients.

Confidentiality

Each party will keep the other's confidential information confidential and use it only for the purposes of the engagement. We will not name you as a client or describe the work publicly without your permission.

Liability

Nothing in these terms limits liability where it cannot lawfully be limited. Subject to that, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill, and our total liability arising out of an engagement is limited to the fees paid by you for that engagement in the twelve months before the claim.

Term and termination

Fixed-scope work runs until the agreed deliverables are complete. Ongoing engagements run for the initial term stated in the agreement and continue until either party gives the agreed written notice. On termination you pay for work performed up to the termination date, and we will hand over deliverables completed and paid for.

Website use

The content of this site is provided for general information. We take care over it but do not warrant that it is complete or current, and any figures quoted from third-party sources are indicative rather than a promise of your results. The site and its content are our property unless stated otherwise.

Governing law

These terms are governed by the laws of the United States, and the courts of Wyoming have exclusive jurisdiction over any dispute.

Contact

Questions about these terms: hello@daysixty.com.