Terms of Service

Services

Borks Marketing LLC ("Borks," "we," "us") provides managed B2B cold email services including but not limited to: cold email campaign management, list building, data enrichment, email infrastructure management, deliverability engineering, AI reply handling, and related consulting. The specific scope of services is defined in the Statement of Work ("SOW") agreed upon at engagement start.

Payment

Services are billed monthly in advance. Invoices are due net-15 from the invoice date. Late payments accrue interest at 1.5% per month. We accept payment via ACH, wire transfer, and credit card. A valid payment method must be on file before campaign launch.

Acceptable use

You agree to use our services only for lawful B2B outreach to business email addresses. You will not use our services to send B2C communications, spam, phishing, malware, or any content that violates CAN-SPAM, CASL, GDPR, or other applicable law. You will provide accurate ICP criteria and will not knowingly target prohibited categories (see our Acceptable Use Policy).

Intellectual property

Email copy, sequences, and campaign strategies created by Borks for your campaigns become your property upon payment. Our proprietary tools, processes, infrastructure, and methodologies remain our intellectual property. You may not reverse-engineer, resell, or white-label our tools or processes without written permission.

Limitation of liability

Borks' total liability under this agreement is limited to the fees paid by you in the three (3) months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages including lost revenue, lost data, or business interruption. We do not guarantee specific campaign results, reply rates, or meeting volumes.

Termination

Either party may terminate the engagement with 30 days written notice. Upon termination: active campaigns wind down during the notice period, all sending domains purchased for your account are transferred to you, and any prepaid fees for undelivered services are refunded pro-rata. We may terminate immediately for material breach, including violation of the Acceptable Use Policy.

Governing law

These terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from this agreement will be resolved through binding arbitration in the State of Delaware under the rules of the American Arbitration Association.

Contact

For questions about these terms, contact hello@borks.io.

Borks Marketing LLC
633 Pierce Ave, Linden, NJ 07036