Terms of Service
1. Acceptance of Terms
By engaging ByteSmith's services, accessing bytesmithhq.com, or signing a proposal or order form referencing these Terms, you ("Client") agree to be bound by this Terms of Service agreement ("Terms"). If you do not agree, do not use our services.
2. Description of Services
ByteSmith provides the following services, as further described in your specific proposal or order form:
- Infrastructure Build: design and configuration of a sales infrastructure system — including lead qualification, outreach automation, CRM automation, and appointment booking — inside Client's existing tools and accounts.
- Training & Documentation: a hands-on training period for Client's team, plus written documentation of the system built.
- Optional Support: ongoing monitoring, optimization, and maintenance, where separately agreed.
3. Client Responsibilities
Client is responsible for:
- Providing timely access to the accounts, tools, and data needed to complete the build (e.g., CRM, email, calendar).
- The lawfulness of any contact lists, lead data, or prospect information Client provides or directs ByteSmith to use, including obtaining any required consent under applicable law (e.g., CAN-SPAM, CASL, UK/EU GDPR, Australia's Spam Act).
- Reviewing and approving outreach content, sequences, and qualifying logic before they go live.
- Designating a point of contact for training and system handover.
ByteSmith is responsible for the technical compliance of the systems it builds (e.g., proper unsubscribe handling, sender identification) but is not responsible for the legality of data or lists supplied by Client.
4. Fees and Payment
- Fees are as specified in the applicable proposal or invoice.
- Optional ongoing support fees, where applicable, are billed on the schedule specified in your order form.
- Late payments may result in suspension of ongoing support services until resolved.
- All fees are exclusive of applicable taxes unless stated otherwise.
5. Ownership and Intellectual Property
Upon completion of the build and training, Client owns the configurations, workflows, sequences, and documentation built specifically for Client's accounts and tools ("Client System"). ByteSmith retains ownership of its own general methodologies, templates, and know-how used to build the Client System, and may reuse non-client-specific components in work for other clients.
6. Confidentiality
Each party agrees to keep confidential any non-public business, technical, or customer information disclosed by the other party in the course of the engagement, and to use it only for purposes of performing under these Terms.
7. Limitation of Liability
To the maximum extent permitted by law, ByteSmith's total liability arising from or related to the services shall not exceed the total fees paid by Client in the three (3) months preceding the claim. ByteSmith is not liable for indirect, incidental, or consequential damages, including lost profits or lost business opportunities.
8. Termination
Either party may terminate ongoing support services with 30 days' written notice, subject to any minimum commitment period specified in the order form. Build and training fees, once work has commenced, are non-refundable except as otherwise agreed in writing.
9. Disclaimers
Services are provided "as is." ByteSmith does not guarantee specific business outcomes (e.g., number of meetings booked, revenue generated), as these depend on factors outside ByteSmith's control, including Client's market, offer, and team execution.
10. Governing Law
These Terms are governed by the laws of [Insert Jurisdiction], without regard to conflict-of-law principles. Any disputes shall be resolved in the courts located in [Insert Location].
11. Changes to These Terms
ByteSmith may update these Terms from time to time. Continued use of our services after changes take effect constitutes acceptance of the updated Terms.
12. Contact
Questions about these Terms can be sent to [email protected].