PEARFLOW TERMS AND CONDITIONS

Pear Flow
Trading name of Pear Digital Marketing Limited
Company Number: 08833123
Registered in England and Wales

1. Introduction

These Terms and Conditions ("Terms") govern the provision of services by Pear Flow, a trading name of Pear Digital Marketing Limited ("Company", "we", "us", "our").

By engaging our services, signing a proposal, paying an invoice, or accessing our services, you ("Client", "you", "your") agree to be legally bound by these Terms.

If you do not agree with these Terms, you must not engage our services.


2. Nature of Services

Pear Flow provides outbound infrastructure design and management services including but not limited to:

  • Cold email infrastructure setup

  • Domain configuration and authentication guidance

  • Inbox configuration and warmup management

  • Targeting strategy and list development guidance

  • Campaign strategy and copywriting

  • Deliverability monitoring

  • Ongoing optimisation and reporting

We provide a managed outbound system. We do not act as an employment agency, sales team replacement, or lead broker.


3. No Guarantee of Leads or Appointments

Pear Flow does not guarantee:

  • A specific number of leads

  • A specific number of meetings

  • Sales outcomes

  • Revenue increases

  • Pipeline value

  • Conversion rates

Outbound results depend on multiple variables outside our control, including but not limited to:

  • The strength of your offer

  • Market demand

  • Pricing

  • Competitive landscape

  • Sales follow-up quality

  • Internal sales execution

We guarantee only the professional delivery of the agreed infrastructure and services.


4. 30-Day Infrastructure Guarantee

Pear Flow offers a 30-day guarantee strictly related to the quality and completeness of the outbound infrastructure built.

This guarantee applies only where:

  • Infrastructure was not built in accordance with the agreed scope; or

  • Core technical components were not delivered as specified.

This guarantee does not apply to:

  • Lack of replies

  • Lack of leads

  • Lack of booked appointments

  • Performance expectations

  • Market response

The guarantee is limited solely to whether the infrastructure was built correctly and professionally according to scope.

If a valid claim is approved, the Company may at its sole discretion:

  • Remedy the infrastructure issue; or

  • Provide a partial or full refund relating strictly to the infrastructure portion of services.

This guarantee does not constitute a performance guarantee.


5. Client Responsibilities

The Client agrees to:

  • Provide accurate information regarding their business and offer

  • Maintain lawful sales practices

  • Comply with applicable anti-spam and data regulations

  • Respond to inbound replies in a timely manner

  • Maintain professional follow-up standards

  • Not interfere with sending infrastructure without approval

Failure to meet these responsibilities may negatively impact performance, and Pear Flow shall not be liable for such outcomes.


6. Compliance with Laws (UK, EU, USA)

The Client is responsible for ensuring compliance with:

  • UK GDPR

  • EU GDPR

  • CAN-SPAM Act (United States)

  • ePrivacy regulations

  • Any other applicable data protection or electronic communication laws

Pear Flow provides outbound infrastructure and strategy guidance. The Client remains the data controller and retains full responsibility for lawful use of personal data and outreach compliance.

We do not assume liability for unlawful use of email data by the Client.


7. Payment Terms

All fees are payable as agreed in the service agreement or proposal.

Unless otherwise stated:

  • Payments are due in advance

  • Fees are non-refundable except under the limited infrastructure guarantee described above

  • Failure to pay may result in suspension of services

Late payments may incur interest at the statutory rate applicable in England and Wales.


8. No Warranty of Performance

Services are provided on a professional services basis.

We do not warrant that:

  • Emails will reach inbox placement in all cases

  • Spam filters will not adjust

  • Third-party platforms will not change policies

  • Email providers will not update algorithms

Outbound email deliverability is influenced by external systems beyond our control.


9. Limitation of Liability

To the fullest extent permitted by law:

Pear Flow’s total liability under any claim shall not exceed the total fees paid by the Client in the preceding three months.

We shall not be liable for:

  • Indirect loss

  • Loss of profits

  • Loss of revenue

  • Loss of opportunity

  • Reputational damage

  • Consequential damages

Nothing in these Terms excludes liability for death, personal injury, or fraud where prohibited by law.


10. Termination

Either party may terminate services in accordance with the agreed service contract.

Upon termination:

  • Outstanding invoices remain payable

  • Access to systems may be removed

  • No refunds apply except where required by law


11. Intellectual Property

All strategy frameworks, methodologies, documentation, and systems developed by Pear Flow remain the intellectual property of Pear Digital Marketing Limited unless otherwise agreed in writing.

The Client retains ownership of its brand, data, and marketing assets.


12. Confidentiality

Both parties agree to maintain confidentiality regarding proprietary business information.

Confidential information shall not be disclosed to third parties without consent, except where required by law.


13. Force Majeure

Pear Flow shall not be liable for failure to perform obligations due to events beyond reasonable control including but not limited to:

  • Platform outages

  • Email provider changes

  • Regulatory updates

  • Internet disruption

  • Acts of God


14. Governing Law

These Terms are governed by the laws of England and Wales.

For international clients, disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales unless otherwise required by mandatory local law.


15. Amendments

Pear Flow reserves the right to amend these Terms at any time. Updated Terms will be published on our website with a revised effective date.

Continued use of services constitutes acceptance of revised Terms.


Final Clarification

Pear Flow builds disciplined outbound infrastructure.

We do not sell leads.
We do not sell appointments.
We do not guarantee outcomes beyond the professional delivery of the agreed system.

Outbound success depends on strategic alignment and execution beyond infrastructure alone.