Postaga Done-For-You Terms and Conditions
Last updated: October 14, 2022
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Client” or “you”), and Postaga LLC, (“Postaga”), concerning Postaga providing link building, digital PR, and/or sales outreach services for Client’s benefit (“Services”). Postaga and Client may be referred to individually as “Party” and collectively as the “Parties.”
You agree that, upon your payment of an invoice for Services provided to you, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not pay the invoice for Services provided by Postaga.
Postaga shall provide Services for Client. This includes setting up email outreach tools, creating email templates for Client, prospecting, building and sending cold email campaigns, and managing a CRM to handle responses from the campaigns.
The first month of the Initial Term (as defined below) shall be spent on setup of the Client’s account. This process includes: i) purchasing and setting up new domains for email outreach; ii) creating email addresses at the domains; iii) warming up the email addresses to ensure good deliverability (that the emails reach the recipients’ inboxes rather than go to spam folders); iv) creating and revising email templates for Client; and v) researching for outreach campaigns.
After the first month, Postaga shall commence with the outreach campaigns for Client.
If Client’s service plan includes only outreach for podcast guest spots (“Podcasts Only Plan”), then the first month of the Initial Term shall include outreach campaigns.
In the event Client wishes to cancel Services at the end of the Term, excluding the Podcasts Only Plan, Postaga shall provide an additional month of outreach for Client at the conclusion of the Term.
Client agrees to pay Postaga an agreed upon amount per month for the Services (“Fees”), on a monthly basis, which may be paid electronically via credit card.
If the Client does not pay the Fees within 5 days of receipt of the invoice, Postaga may cease performance of the Services completely or until payment is made, at Postaga’s sole and exclusive discretion.
During the provision of the Services, the Client hereby agrees to cooperate with Postaga for anything Postaga may reasonably require to provide the Services, and provide any information and/or documentation needed by Postaga relevant to the provision of Services or payment for the provision of Services.
Postaga represents and warrants that it will perform the Services using reasonable care and skill for a service provider in their field and that any end products or materials given by Postaga to the Client under these Terms and Conditions will not infringe on or violate the intellectual property rights or any other right of any third party.
Limitation of Liability
Except in cases of death or personal injury caused by either party’s negligence, either party’s liability in contract, tort or otherwise arising through or in connection with these Terms and Conditions or through or in connection with the completion of obligations under these Terms and Conditions shall be limited to Fees paid by the Client to Postaga.
Client hereby agrees to indemnify Postaga, and all of Postaga’s agents, employees, and representatives against any and all damage, liability, and loss, as well as legal fees and costs incurred as a result of the Services rendered these Terms and Conditions or any transaction or matter connected with the Services or the relationship between Postaga and client. This clause shall not be read to provide indemnification for any party in the event that a competent court of law, rendering a final judgment, holds that the bad faith, gross negligence, or willful misconduct of the party caused the damage, liability, or loss.
Term and Termination
A) The initial duration of the term of Services to be provided shall be for six months (“Initial Term”). After the Initial Term, the term will be monthly (collectively, the Initial Term and subsequent term referred to as “Term”).
B) The Term shall commence on the date in which Client pays their first invoice provided by Postaga for the Services. At the Term’s conclusion, the Term shall automatically renew for another month, indefinitely, until such time as either Client or Postaga gives notice that Services shall be terminated, subject to these Terms and Conditions.
C) Services provided may be terminated at the conclusion of the current Term, for any reason, by either party upon notice in email 30 days prior to the conclusion of the current Term.
D) These Services may be terminated by either party immediately, upon notice in email:
- I) if the other party commits a material breach of any term of these Terms and Conditions that is not capable of being remedied within fourteen (14) days or that should have been remedied within fourteen (14) days after a written request and was not;
- II) if the other party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform;
- III) if the other party or its employees or agents engage in any conduct prejudicial to the business of the other, or in the event that either party considers that a conflict or potential conflict of interest has arisen between the parties.
E) These Services may be terminated by Postaga if the Client fails to pay any requisite Fees within five (5) days after the date they are due. Postaga may terminate the Services immediately, with no notice period, via email.
F) Client is entitled to terminate these Services at the conclusion of Month 3, rather than the full length of the Initial Term, in the event that by the end of Month 3 of providing these Services, Postaga has not provided Client with, cumulatively, leads amounting to the Client’s set lead targets for Month 2 and Month 3.
If these Services are terminated before the expiration of the Term, Client agrees to pay for all Services rendered through the end of the current Term.
Any termination under this subpart shall not affect the accrued rights or liabilities of either party under these Terms and Conditions or at law and shall be without prejudice to any rights or remedies either party may be entitled to. Any provision or subpart of these Terms and Conditions that is meant to continue after termination or come into force at or after termination shall not be affected by this subpart.
Relationship of the Parties
The Parties hereby acknowledge and agree that nothing in these Terms and Conditions shall be deemed to constitute a partnership, joint venture, or otherwise between the Parties and that these Terms and Conditions is for the sole and express purpose of the rendering of the specific Services by Postaga to the Client under the terms and conditions herein.
The Services provided to Client by Postaga shall be considered work-for-hire.
A) GOVERNING LAW: these Terms and Conditions shall be governed in all respects by the laws of the state of New York and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of New York. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
C) NO WAIVER: None of the terms of these Terms and Conditions shall be deemed to have been waived by any act or acquiescence of either party. Only an additional written agreement can constitute waiver of any of the terms of these Terms and Conditions between the Parties. No waiver of any term or provision of these Terms and Conditions shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either party to enforce any term of these Terms and Conditions shall not constitute waiver of such term or any other term.
D) SEVERABILITY: If any provision or term of these Terms and Conditions is held to be unenforceable, then these Terms and Conditions will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend these Terms and Conditions as provided herein, the invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in these Terms and Conditions.
E) ENTIRE AGREEMENT: these Terms and Conditions constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
F) HEADINGS: Headings to these Terms and Conditions are for convenience only and shall not be construed to limit or otherwise affect the terms of these Terms and Conditions.
G) COUNTERPARTS / ELECTRONIC SIGNATURE: these Terms and Conditions may be executed in counterparts, all of which shall constitute a single agreement. Facsimile and/or electronic signatures shall be acceptable and deemed original signatures and shall be binding on the parties upon signing.
H) FORCE MAJEURE: Postaga is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
In order to reach us, please contact us at:
297 Larkfield Rd. #1180
East Northport, NY 11731