Terms and Conditions Content
1 Services
We provide DNS and email deliverability consulting services, including audits, configuration, remediation, and advisory. Deliverables and timelines are defined in the agreed scope of work for each engagement.
2 Use of Website
You may use this website for lawful purposes only. You agree not to misuse forms, attempt unauthorized access, or submit harmful content.
3 Quotes, Fees & Payment
Unless stated otherwise, all amounts are in USD and exclusive of applicable taxes (including VAT, GST, or sales tax). Where taxes apply, you agree to pay the applicable amount and we will issue a compliant invoice. Invoices are payable per the term on the invoice or checkout. We may charge reasonable interest or suspend work for overdue amounts after notice.
4 Refunds & Cancellations
For fixed-price packages, refunds are not provided once work has commenced, except as required by law. If you cancel an engagement, you will pay for work performed up to the cancellation date and any non-recoverable third-party costs. If you request a cancellation before work starts, we will refund the fee less any payment processing charges. No refunds are available after deliverables are accepted or services are substantially completed.
5 Scope Changes & Additional Work
Items outside the agreed scope may be delivered via a written change request and billed at our then-current rates (including any expedited or after-hours rates agreed in writing).
6 No Guarantees
We commit to best-practice implementations; however, we do not guarantee specific outcomes (e.g., 100% inbox placement), as results depend on third-party mailbox providers, historical sending behavior, and other factors beyond our control. We do not warrant uninterrupted or error-free operation of any third-party service.
7 Client Responsibilities
You are responsible for providing timely and accurate access to systems (e.g., DNS, ESPs), reviewing deliverables, and implementing recommendations where applicable. You will ensure any data, content or recipient information you provide is accurate and lawfully collected.
8 Intellectual Property
All pre-existing materials, templates, methodologies and tools remain our property or that of our licensors. Unless otherwise agreed, we grant you a non-exclusive, non-transferable licence to use deliverables for your internal business purposes. You must not resell, sublicense or publicly distribute our deliverables without prior written consent.
9 Subcontractors
We may use vetted subcontractors to deliver portions of the services. We remain responsible for their performance.
10 Limitation of Liability
To the maximum extent permitted by law, DNS Expert is not liable for indirect, incidental, or consequential damages. Our total liability for any claim is limited to the fees paid for the relevant service.
11 Confidentiality
We treat client information confidentially and use it only to deliver services. Please refer to our Privacy Policy for details on data handling.
12 Third-Party Services
Our recommendations may involve third-party services (e.g., Google Workspace, Microsoft 365, Instantly). Those services are governed by their own terms and policies. References to third-party services are for convenience only and do not imply affiliation, sponsorship or endorsement.
13 Termination
Either party may terminate an engagement per the agreed scope. Fees for work performed up to the termination date are payable.
14 Consumer Protection Laws
Nothing in these Terms excludes, restricts, or modifies any consumer rights that cannot lawfully be excluded under applicable consumer protection legislation. To the extent permitted by law, and subject to any non-excludable rights, our liability for failure to comply with a consumer guarantee is limited to, at our option, resupplying the services or paying the cost of having the services resupplied.
15 Compliance with Anti-Spam Laws
You warrant your sending practices and marketing data comply with all applicable laws (including the Spam Act 2003 (Cth)) and any foreign laws where you send messages. You are solely responsible for consent, suppression, content and frequency. Where applicable, you agree to use double opt-in for newsletters and respect unsubscribe requests without delay. You indemnify us against any loss arising from your breach of this clause.
16 Force Majeure
We are not liable for delay or failure to perform to the extent caused by events beyond our reasonable control (including outages or actions of third-party providers). We will use reasonable efforts to mitigate and resume performance.
17 Dispute Resolution
If a dispute arises, either party may give written notice. Senior representatives will meet in good faith within 10 business days. If unresolved within 20 business days, the parties will attempt mediation administered by a mutually agreed independent mediator before commencing court proceedings (urgent injunctive relief excepted).
18 Governing Law & Venue
These Terms are governed by the laws of New South Wales (NSW), without regard to conflict-of-law principles. DNS Expert serves clients globally, and nothing in these Terms limits any mandatory protections that apply in your jurisdiction. Subject to those protections, the parties submit to the exclusive jurisdiction of the courts of New South Wales. References to geography are minimized to reflect global service scope.
19 Survival
Clauses relating to fees and payment, intellectual property, confidentiality, limitation of liability, governing law & venue, dispute resolution and any other clause which by its nature should survive, survive termination or expiry.
20 Updates to Terms
We may update these Terms from time to time. Material changes will be posted on this page with an updated date.
21 Publicity
With your prior written consent, we may use your name and logo in marketing materials and case studies. You may revoke consent at any time by notice.
22 General
These Terms constitute the entire agreement between the parties. If any provision is invalid, the remainder remains effective. You must not assign without our consent; we may assign on notice. Notices may be given by email.
23 Contact
Questions regarding these Terms can be sent to bassam@dns-expert.com.