Terms of service.
The terms under which Tackt provides its service. Short, plain, and designed to be fair to both sides.
Plain-English summary. You pay us a monthly fee. We find UK firms likely to need your services, draft introductions in your voice, and send them after a human reviews each one. Either side can end the arrangement on 30 days’ notice. We will not do anything with your data that is not covered by the data processing addendum. Neither side’s total liability exceeds the fees paid in the last 12 months.
Contents
1. The parties
These terms form an agreement between:
- Tackt — [TACKT LEGAL ENTITY NAME], a company registered in Malta (company number [MT COMPANY NUMBER]), with its registered office at [MALTA REGISTERED ADDRESS]; and
- You / the Client — the firm entering into an engagement with us, as identified in the order form, statement of work, or signed engagement letter.
These terms apply alongside any order form or engagement letter we sign with you. If there is a conflict, the order form takes precedence.
2. The service
Tackt provides a human-reviewed new-client introduction service for professional services firms, consisting of:
- Monitoring public signals (regulatory publications, public filings, leadership moves, news and similar) to identify firms likely to need your expertise;
- Drafting short introductory messages in your voice;
- Reviewing every message before send, through a human approval process;
- Sending from dedicated sending infrastructure that we provision and manage;
- Handling replies and booking qualified meetings into your diary; and
- Providing regular reporting on what was sent, what was replied to, and what converted.
The scope, targeting, message series and any agreed performance expectations are set out in the order form.
3. Fees & payment
- Fees are set out in the order form. The standard retainer starts from £1,950 per month, billed monthly in advance.
- Fees are exclusive of VAT or other sales taxes, which will be added where applicable.
- Invoices are payable within 14 days of issue.
- We may charge interest on late payments at the rate set by the Late Payment of Commercial Debts (Interest) Act 1998, or applicable Maltese law, whichever is higher.
- We may suspend the service if an invoice is more than 30 days overdue, after written notice.
- We will give you at least 60 days’ notice of any change to the monthly fee; price rises do not apply retroactively.
4. Term & termination
- The engagement starts on the date set out in the order form and continues on a rolling monthly basis.
- Either party may terminate at any time on 30 days’ written notice, effective at the end of the following billing month.
- Either party may terminate immediately for material breach that is not remedied within 14 days of written notice, or if the other becomes insolvent.
- On termination we will cease sending, provide a final report, and delete or return personal data in accordance with the data processing addendum.
- Fees for any period before termination remain payable; pre-paid fees for periods after termination are refunded pro-rata.
5. Your obligations
- Give us timely, accurate information about your firm, the service you sell, and your ideal client.
- Review and respond to approval queues, reports and escalations within a reasonable time.
- Ensure any data you share with us is data you have the right to share.
- Not use our work to send anything that is unlawful, misleading, defamatory, or contrary to the rules of a professional regulator applicable to you.
- Keep the login credentials we provide secure, if any.
6. Our obligations
- Deliver the service with reasonable skill and care and in line with the order form.
- Ensure every message sent on your behalf is reviewed by a human before it goes out.
- Comply with applicable law, including UK and EU GDPR and PECR, in respect of our own processing.
- Suppress any individual who opts out, across all clients of Tackt, permanently.
- Tell you promptly if anything goes wrong in a way that affects you.
7. Intellectual property
- Your content — any materials you give us, and the copy of messages as finally sent on your behalf, remain yours. You grant us a licence to use them for the purpose of providing the service.
- Our platform — our software, models, signal data, problem maps and methodologies remain ours. Nothing in these terms transfers them to you.
- Aggregated learnings — we may use anonymised, aggregated insights from the service (for example, “a given signal type converts at X%”) to improve the product. We will never share data that identifies you or any recipient in doing so.
8. Data protection
Our respective data protection obligations are set out in the data processing addendum, which forms part of these terms.
9. Warranties
We warrant that we will provide the service with reasonable skill and care. We do not guarantee a specific number of meetings, replies or outcomes. Sales outcomes depend on many factors outside our control, including your market, offer, pricing, and how you handle the conversations we create.
Except as set out in these terms, all other warranties, conditions and representations, whether express or implied, are excluded to the fullest extent permitted by law.
10. Liability
- Neither party excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be lawfully limited.
- Subject to that, neither party is liable for indirect, consequential, or special loss, or for loss of profits, revenue, goodwill, business opportunity, or anticipated savings.
- Subject to that, each party’s total aggregate liability under these terms is limited to the fees paid by the Client to Tackt in the 12 months immediately before the event giving rise to the claim.
11. Confidentiality
Each party will keep the other’s confidential information confidential, use it only for the purpose of the engagement, and protect it with at least the same care it uses for its own confidential information. This obligation survives termination for three years. It does not apply to information that is public through no fault of the receiving party, that was already known, that is independently developed, or that must be disclosed by law.
12. Force majeure
Neither party is liable for failure or delay caused by events outside its reasonable control, including internet or infrastructure outages, acts of government, and natural events. The affected party will notify the other promptly and take reasonable steps to mitigate.
13. General
- Entire agreement. These terms together with any order form or engagement letter contain the entire agreement between the parties on their subject matter.
- Amendments. Any variation must be agreed in writing by both parties.
- Assignment. Neither party may assign without the other’s written consent, except that either party may assign to a successor in a sale of its business.
- No partnership. Nothing here creates a partnership, joint venture, or employer-employee relationship.
- No third-party rights. The Contracts (Rights of Third Parties) Act 1999 does not apply.
- Severability. If any provision is held unenforceable, the rest remains in effect.
- Notices. Notices must be in writing and sent to the addresses on the order form, with email copy to legal@tackthq.com for notices to us.
14. Governing law & jurisdiction
These terms are governed by the laws of [JURISDICTION — typically Malta or England & Wales]. The parties submit to the exclusive jurisdiction of the courts of [JURISDICTION], except that either party may seek interim or injunctive relief in any court of competent jurisdiction.
For your solicitor. The bracketed fields — legal entity name, Malta company number, registered office, governing law, and jurisdiction — should be filled in before these terms are put in front of a client. Governing law is a commercial decision: English law is familiar to UK professional services buyers; Maltese law follows the entity and is cheaper to defend from Malta. Ask your adviser which you prefer.