B2B Outbound Service Delivery & Protective Commercial Terms
These specialized terms apply to all clients subscribing to MentorArt’s B2B cold outbound infrastructure, lead sourcing, and dynamic video services.
1. Technical Service Provider & Data Processor Role
MentorArt acts solely as a technical execution intermediary and Data Processor on behalf of the client (the Data Controller). All outbound communications, targeting criteria, sequence copy, and campaign schedules are directed by and conducted for the commercial benefit of the client.
2. Mandatory Client Pre-Approval Gate
Zero cold emails or messages are sent without prior written sign-off by the client. The client reviews and formally approves all sequence copy, pitch angles, dynamic video scripts, and prospect target rosters inside the FuseBase client portal prior to campaign activation. The client warrants that all campaign copy complies with applicable marketing and anti-spam laws (CAN-SPAM, CASL, PECR, GDPR).
3. Deliverability & Third-Party Platform Disclaimers
MentorArt implements industry-leading deliverability governance (dedicated secondary lookalike sending domains, SPF/DKIM/DMARC authentication, 21-day algorithmic warmup, 25 sends/day mailbox caps, and automated bounce rate circuit breakers). However, email delivery and inbox placement remain subject to external heuristics governed by third-party mail providers (Google Workspace, Microsoft 365, Yahoo). MentorArt explicitly disclaims any liability for account suspensions, domain throttling, or spam-filtering decisions imposed by third-party email or communication platforms.
4. Dynamic 1-on-1 Video Landing Pages & Intellectual Property (Fair Use)
Displaying a prospect’s public corporate website in the background of a 1-on-1 dynamic video pitch or animated email preview GIF is conducted solely as nominative, transformative fair use for customized B2B presentation. MentorArt claims zero ownership of prospect trademarks or copyrighted assets. The client warrants and represents that all video pitch recordings, scripts, audio assets, and branding collateral uploaded or provided by the client are fully owned by or validly licensed to the client, and grants MentorArt the technical license to process and display such media during service delivery.
5. Month 0 Kickstarter Setup & Recurring Direct Debit
Month 0 Kickstarter Pilot Fees ($290, $490, or $690): Due to the immediate commitment of non-recoverable hard costs (secondary domain acquisitions, DNS propagation, warmup governance, customized ICP research, and personalized dynamic landing page construction), all setup pilot fees are strictly non-refundable upon commencement of campaign onboarding.
Month 1+ Recurring Retainers: Billed on a monthly basis via automated Direct Debit (SEPA / ACH) with cancel-anytime terms. The client may cancel recurring billing at any time by giving written notice at least 5 business days before the next monthly billing cycle. No retroactive refunds are provided for partial billing periods.
6. Anti-Chargeback Policy & Fair Usage
Consuming allocated lead data, warmup domain resources, or dynamic video production and subsequently initiating frivolous chargebacks or claiming refunds constitutes bad-faith material breach of this Agreement. In such events, MentorArt reserves the right to immediately terminate access, blacklist associated domains, and pursue legal recovery for full damages and administrative collection costs.
7. Indemnification & Limitation of Liability Ceiling
The client agrees to defend, indemnify, and hold harmless MentorArt, its founders, contractors, and affiliates from any third-party claims, regulatory enforcement, damages, or legal costs arising from the client’s campaign messaging, materials, or target audience.
Liability Ceiling: To the maximum extent permitted by law, MentorArt’s total aggregate liability arising out of or related to our services is strictly limited to the greater of £100 or the total fees paid by the client in the twelve (12) months preceding the claim.
8. Governing Law & Dispute Resolution
These terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the European Union / Ireland, excluding conflict of law principles. The parties agree to attempt good-faith informal dispute resolution for a period of thirty (30) days prior to initiating any formal legal proceedings.