Legal

Terms of Service

The terms and conditions governing the use of Gigabound's B2B lead generation services.

Effective date: 20 May 2026

These Terms of Service ("Terms") govern the provision of services by Gigabound (ABN 95 244 132 351) ("we", "us", "our", "Gigabound") to you, the client ("you", "your", "Client"). By engaging our services, you agree to be bound by these Terms.

1. Service Description

Gigabound provides B2B lead generation services, including but not limited to:

  • -US Cold Email: AI-powered outbound email campaigns targeting US-based B2B prospects, fully compliant with CAN-SPAM requirements
  • -AU Telemarketing: Strategic B2B cold calling targeting Australian business prospects, conducted in accordance with the Spam Act 2003 (phone exemption) and DNCR (B2B exemption)
  • -Meeting Booking: Scheduling qualified meetings between prospects and your sales team
  • -Related Services: Prospect research, list building, CRM integration, campaign analytics, and reporting

The specific scope of services will be outlined in a separate service agreement or proposal accepted by both parties.

2. Client Obligations

As a Client, you agree to:

  • -Provide accurate and complete information about your ideal customer profile (ICP), value propositions, target markets, and business offerings
  • -Respond promptly to booked meetings and make reasonable efforts to attend all scheduled appointments
  • -Provide timely feedback on lead quality, meeting outcomes, and campaign performance
  • -Ensure that your products, services, and business practices comply with all applicable laws
  • -Not use our services to promote illegal, fraudulent, or deceptive products or services
  • -Grant Gigabound the necessary access to CRM systems, calendars, and other tools required to deliver the services

3. Payment Terms

  • -All fees are billed monthly in advance in United States Dollars (USD)
  • -Payment is due within 14 days of the invoice date
  • -Late payments may incur interest at a rate of 1.5% per month on the outstanding balance
  • -We reserve the right to suspend services if payment is overdue by more than 14 days
  • -Fees are non-refundable for services already rendered during a billing period

4. No Guarantee of Results

Gigabound operates on a best efforts basis. While we are committed to delivering high-quality lead generation services and optimising campaign performance, we do not guarantee:

  • -A specific number of meetings booked
  • -Specific email open rates, reply rates, or conversion rates
  • -That prospects will attend booked meetings or proceed to close deals
  • -Any particular revenue outcome or return on investment

Results depend on multiple factors including your industry, offer, market conditions, and prospect responsiveness. We provide full transparency into campaign performance and continuously optimise to improve outcomes.

5. Intellectual Property

  • -Gigabound's IP: All proprietary processes, methodologies, AI tools, software, templates, scripts, and workflows developed by Gigabound remain the exclusive property of Gigabound. This includes our AI personalisation engine, campaign frameworks, and internal tools
  • -Client's Data: All data provided by the Client, including ICP information, brand materials, and any data generated specifically for the Client (e.g., prospect lists, meeting records, campaign data), remains the property of the Client
  • -Aggregate Data: Gigabound may use anonymised, aggregated data derived from campaigns for the purpose of improving its services, benchmarking, and internal analytics

6. Confidentiality

Both parties agree to keep confidential all non-public information received from the other party during the course of the engagement. Confidential information includes but is not limited to:

  • -Business strategies, pricing, financial information, and trade secrets
  • -Prospect lists, customer data, and campaign performance data
  • -Proprietary tools, processes, and methodologies
  • -Any information marked or reasonably understood to be confidential

Confidentiality obligations survive the termination of the engagement for a period of two (2) years, unless the information becomes publicly available through no fault of the receiving party.

7. Limitation of Liability

To the maximum extent permitted by law:

  • -Gigabound's total aggregate liability arising out of or in connection with these Terms or the services provided shall not exceed the total fees paid by the Client to Gigabound in the three (3) months immediately preceding the event giving rise to the claim
  • -Gigabound shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill
  • -Gigabound shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control (force majeure)

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

8. Indemnification

The Client agrees to indemnify, defend, and hold harmless Gigabound and its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) the Client's breach of these Terms; (b) the Client's products, services, or business practices; (c) inaccurate or misleading information provided by the Client; or (d) any third-party claims resulting from the Client's use of leads or meetings generated by Gigabound.

9. Termination

  • -Services are provided on a month-to-month basis unless otherwise agreed in writing
  • -Either party may terminate the engagement by providing 30 days written notice to the other party
  • -Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy the breach within 14 days of receiving written notice
  • -Upon termination, the Client remains liable for all fees owed for services rendered up to the effective date of termination
  • -Upon termination, Gigabound will provide the Client with all Client Data within 30 days, after which Gigabound may delete such data

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Both parties submit to the exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.

11. Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms:

  • -Step 1 — Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation within 14 days of the dispute being raised
  • -Step 2 — Mediation: If the dispute is not resolved through negotiation, the parties agree to submit to mediation administered by the Resolution Institute (or equivalent body) before commencing any court proceedings
  • -Step 3 — Litigation: If mediation fails to resolve the dispute, either party may commence proceedings in the courts of Victoria, Australia

The costs of mediation shall be shared equally between the parties. Each party shall bear its own legal costs unless otherwise ordered by a court.

12. CAN-SPAM Compliance

For US cold email campaigns, Gigabound ensures full compliance with the CAN-SPAM Act of 2003, including:

  • -Accurate "From" and "Reply-To" header information
  • -Non-deceptive subject lines that accurately reflect message content
  • -Clear identification of commercial messages
  • -Inclusion of the sender's valid physical postal address
  • -A clear and conspicuous one-click unsubscribe mechanism
  • -Honouring of opt-out requests within 10 business days

The Client acknowledges that Gigabound manages compliance on their behalf but the Client remains ultimately responsible for ensuring that the content and offers promoted through email campaigns are lawful and accurate.

13. General Provisions

  • -Entire Agreement: These Terms, together with any service agreement or proposal, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings
  • -Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect
  • -Waiver: A failure by either party to enforce any right under these Terms shall not constitute a waiver of that right
  • -Assignment: Neither party may assign its rights or obligations under these Terms without the prior written consent of the other party

14. Contact Us

If you have any questions about these Terms of Service, please contact us:

Gigabound
ABN 95 244 132 351
Melbourne, Australia
Email: hello@gigabound.com.au