Terms & Conditions

1. The Service

We build and run a system that takes people from first seeing your business to becoming your clients. Depending on what you engage us for, the Service may include:

• Content. Scripting, equipment, a regular filmed interview with you, editing, production, and publishing to your social media accounts.
• Email. Building your email list and newsletter server, writing and sending your emails, and building your email and SMS flows.
• Website. Building your website and booking page, including a video of you explaining what you offer.
• Lead follow-up. Calling and messaging your leads after they submit their details, and sending them information before their call with you.
• Sales. If you choose, our sales team taking your sales calls for you.
• Reporting. Keeping you updated on your leads and calls, including through Slack.

Booking a call with us is not itself a contract for paid services. The scope, deliverables, schedule, and fees of your engagement are set out in the order, proposal, or separate agreement you accept (your “Order”), which prevails over these Terms where they conflict. We may improve or change how we deliver the Service over time.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live, and you must use the Service for business purposes. If you engage us on behalf of a company, you confirm you have authority to bind it to these Terms.

3. Applications and bookings

You agree to give accurate, complete, and current information when you apply and book. We may contact, reschedule, or decline any application at our discretion, and may cancel or reassign call times, for example after a no-show or a booking that appears false. We contact you by email, SMS, and phone to confirm and prepare for your call; see Section 4.

4. SMS and call communications and consent

• What you agree to. When you submit our form, you agree to receive SMS appointment confirmations and reminders from Postelist at the number you provide.
• Frequency and rates. Message frequency varies with your booking. Message and data rates may apply, depending on your carrier and plan.
• Opting out. Reply STOP to any message at any time. We will stop texting you, cancel your upcoming call with us, and send one message confirming both. Reply HELP for help, or contact privacy@postelist.com.
• Calls may be recorded. Calls with us may be recorded and transcribed for quality, note-taking, and training, and some may be placed with the help of an automated calling provider. Tell us on the call if you would prefer not to be recorded.

5. Fees and payment

Fees are as stated in your Order and are billed through our payment processor, Stripe. Your Order sets out the amount, billing frequency, currency, any setup fee, and whether travel and accommodation for shoots are included or billed separately. Taxes may apply. Unless your Order says otherwise, we do not take a commission on sales we close for you: the revenue from your customers is yours. Fees are non-refundable except where your Order or the law provides otherwise. You authorise us and our processor to charge the payment method you give us for amounts due.

6. Shoots and your time

We schedule shoots with you in advance, and you agree to be available for them and to give us access to the location. If you need to move a shoot, tell us as early as you can and within any notice period in your Order. A shoot cancelled or missed at short notice may be charged where we have already incurred travel or crew costs. Your time commitment is described in your Order; the rest of the work is ours.

7. Content and publishing

We write scripts and emails from what you tell us about your business, and you are responsible for that information being accurate, including any claims about your results, qualifications, prices, or guarantees. You can review content through the process agreed in your Order. We may decline to make or publish content we reasonably believe is unlawful, misleading, or harmful. We decide the mix and timing of what is posted within the plan agreed with you.

8. Your accounts and platforms

You authorise us to access and act within the social media accounts, website, domains, calendar, email and SMS tools, and other systems you give us access to, only to deliver the Service. You remain the owner of those accounts and are responsible for complying with each platform’s terms. Reach, visibility, and account standing are decided by the platforms, which can change their rules at any time, and we are not responsible for their decisions. When our engagement ends, we will stop acting in your accounts and you should remove our access.

9. Your audience, email, and SMS

You confirm and agree that:

• You have a lawful basis for the subscribers, leads, and contacts we email, text, or call for you, and any contact data you give us was collected lawfully.
• The forms and consent wording we build for you are yours to approve, and you will tell us if your business or industry needs anything specific.
• You will honour opt-outs and unsubscribe requests, and we will act on them in the systems we run for you.
• Your marketing complies with the laws that apply to it, including CAN-SPAM and the TCPA (United States), CASL (Canada), the UK PECR, the EU ePrivacy Directive and GDPR, the Australian Privacy Act, Spam Act, and Do Not Call Register Act, and the Hong Kong Unsolicited Electronic Messages Ordinance (Cap. 593) and PDPO.

10. Lead follow-up and sales calls for you

When we call your leads or take your sales calls, we act as your representative and present your offer as you have described it to us. We will not change your prices or terms, or make promises on your behalf, beyond what you have approved. You are the seller: your contract is with your customer, payment is made to you unless your Order says otherwise, and you are responsible for delivering what you sell, handling refunds, and meeting your industry’s rules. If your industry requires the person selling or advising to hold a licence or registration, you must tell us, and our team will not take those calls unless that requirement is met.

11. Results

Views, followers, subscribers, leads, bookings, and sales depend on your offer, your market, your pricing, the platforms, and many other things outside our control. We do not guarantee any particular result. Figures we share about our own channels and past work describe what we achieved there, not a promise of what you will achieve.

12. Ownership and licences

Your deliverables. Unless your Order says otherwise, once the relevant fees are paid you own the finished videos, emails, and website content we create for you. Ownership of raw footage and project files is as set out in your Order; where it is silent, we keep our working files.

Your name and likeness. You grant us the right to use your name, likeness, voice, and business name and marks to create your content and publish it on your channels and website. We will not use them in our own marketing without your permission.

What you bring. You confirm you have the rights to anything you supply or bring on camera, including logos, music, images, and other people. Where staff, customers, or others appear, you are responsible for having their agreement.

Our materials. We keep ownership of our methods, templates, frameworks, software, and tools, and of our website and brand. Using them to deliver your Service does not transfer them to you.

13. Acceptable use

You will not ask us, or use the Service, to:

• Create or send content that is unlawful, deceptive, defamatory, harassing, or that infringes anyone’s rights.
• Make claims about your business, results, or qualifications that are false or that you cannot support.
• Email, text, or call people from purchased, scraped, or harvested lists, or anyone without a lawful basis.
• Distribute malware, phishing, or fraudulent content, or impersonate any person or business.
• Interfere with or attempt to gain unauthorised access to the Service, our systems, or our other clients.

14. Roles and data processing

For your audience’s personal data that we process to deliver the Service, you are the controller and Postelist acts as your processor, under our Data Processing Agreement, which forms part of these Terms. How we handle personal data more generally is described in our Privacy Policy.

15. Confidentiality

Each of us will keep the other’s non-public business information confidential and use it only for the engagement, except where the information is already public, independently developed, or must be disclosed by law. This includes your account access, your customer data, your sales figures, and our methods and pricing.

16. Disclaimer of warranties

The Service is provided “as is” and “as available”. To the maximum extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

17. Limitation of liability

To the maximum extent the law allows, Postelist is not liable for any indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenue, data, or goodwill. Our total liability arising out of or relating to the Service and these Terms will not exceed the fees you paid us in the three months before the event giving rise to the claim.

18. Indemnity

You will indemnify and hold harmless Postelist and its people from any claim, loss, or expense (including reasonable legal fees) arising from information or materials you supply, the products and services you sell, your contacts and their consent, your use of the Service, or your breach of these Terms or of any law.

19. Suspension and termination

Either of us may end the engagement as set out in your Order. We may suspend or end the Service immediately if you breach these Terms, create legal or security risk, or ask us to act unlawfully. When the engagement ends, we stop publishing and acting in your accounts, fees already owed remain payable, and your audience’s data is returned or deleted as set out in the Data Processing Agreement. Provisions that by their nature should survive, including fees owed, ownership, confidentiality, disclaimers, limitations of liability, and indemnities, will survive.

20. Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including travel disruption, illness, platform or provider outages, network failures, acts of government, or other force-majeure events. Where a shoot is affected, we will reschedule it with you.

21. Governing law and disputes

These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-laws rules, and you and Postelist submit to the exclusive jurisdiction of the courts of Hong Kong for any dispute, except that either party may seek urgent injunctive relief in any court of competent jurisdiction. Nothing in these Terms limits any rights that cannot be waived under the law that applies to you.

22. Changes to these Terms

We may update these Terms from time to time. We will change the date above and, for material changes, take reasonable steps to let you know. Continuing to use the site or the Service after an update means you accept the revised Terms.

23. General and contact

These Terms, together with your Order, our Data Processing Agreement, and our Privacy Policy, are the entire agreement between you and Postelist about the Service. If any provision is unenforceable, the rest remains in effect; not enforcing a provision is not a waiver; and you may not assign these Terms without our consent. Questions about these Terms go to hello@postelist.com.