It is expressly declared and agreed that LeadScribe.com is hereinafter referred to as "the Supplier" and that each Registered Member subscribing to the LeadScribe.com Web Site shall hereinafter be referred to as "the Lead Buyer."
Lead Buyer Membership Registration:
To be eligible to sign up as a Lead Buyer YOU must be a Licensed or Duly Qualified or "Time Served" or otherwise Registered Professional Practitioner in your particular field of expertise. A Lead Buyer can be a Company, Partnership or Sole Trader.
Local Lead Purchase Agreement:
This Agreement is made between the Supplier
of the one part and the Lead Buyer
of the second part and both parties hereto expressly agree to the following provisions.
A SALES LEAD will include the following minimum valid information submitted by prospective clients / customers;
- Full Name
- Full Address
- Valid Email Address
- Phone Number
- Up to 20 pre-agreed optional data fields specified by the Lead Buyer
Leads including (containing) all of the above information shall be considered to be a completed, qualified and valid Lead.
The SALES LEADS will be gathered (harvested) using GEO Targeting options to the best of the technical abilities of the Search Engines and Pay Per Click or Cost Per Action providers' ability to deliver accurately targeted results.
The Supplier assumes all costs of advertising, domains, web hosting and labour involved in marketing campaigns, collecting, harvesting and generating the Leads.
The Supplier and the Lead Buyer will mutually determine a per-lead-price and it is expressly agreed that the per-lead-price is the fixed price that the Lead Buyer will pay and there shall be no additional fees levied upon the Lead Buyer.
Leads will be electronically transmitted from the Supplier to the Lead Buyer via the Suppliers' Automated Lead Generation System (Automated System). The Lead Buyer can access the transaction via secure login to His / Her account held within the said Automated System.
Leads are purchased through the Suppliers' Automated System. The Lead Buyers' account balance will be automatically deducted for each Lead Purchased.
All Leads are generated directly by the Supplier and sold exclusively to the Lead Buyer for the exclusive use of the Lead Buyer. Accordingly, the Lead Buyer shall not sell or otherwise transfer the said Lead(s) to any other person or entity.
Funding The Lead Buyer Account:
- The Lead Buyer can fund their account by credit card or debit card through the PAYPAL Secure Payment System at any time.
- The Lead Buyer agrees not to charge back their credit card for anyreason. The Lead Buyer also agrees not to stop payments on any cheques issued for the purpose of Account Funding. Whereas;
- If the Lead Buyer has added funds to their account in error or disputes the amount for whatever reason, the said Lead Buyer must use the online Dispute Form located in the Members Area via their Back Office. The Supplier will respond accordingly to resolve the matter within one working day.
- In any event should the Lead Buyer cause a charge back on their credit card the Supplier reserves the right to diminish the Lead Buyer's Account balance by a sum not exceeding £50 (fifty pounds sterling) as a fee and/or DEACTIVATE THE SAID MEMBERSHIP and/or use reasonable forms of collection activity on the said Lead Buyer Account. And In Furtherance Whereof;
- The Lead Buyer agrees that monies used to fund their account are held solely for the purchase of Leads and that by maintaining a credit balance does not warrant "a cash out of monies" reserved for pre-scheduled Lead purchases. Whereas;
- In essence, the Supplier does not impose a minimum or maximum reserve balance sum on the Lead Buyer Account and the onus is on the Lead Buyer to ensure that there are sufficient funds in His/Her Account to purchase their pre-ordered and pre-scheduled quantity of Leads. And;
- Furthermore the Lead Buyer can "suspend" Lead delivery for set time periods (example; NO LEADS auto-delivered for Week Ends, Bank Holidays, Work Volume Overload or for any such qualified reason). In such circumstances no Leads will be delivered and no Lead Purchase Charges will be incurred by the Lead Buyer and there shall be no penalty.
The Supplier offers to accept returns of Leads seven (7) days old or less subject to the following conditions
- The Phone Number is Bogus
- Persons do not exist at the Leads Phone Number / Address
- Leads are outside of the designated Geo Targeted area(s)
The Lead Buyer may request a refund, subject to the terms stated above, via the Automated System and then submitting an Automated Dispute Form located in the Lead Buyers' Member Area back office.
The Supplier may perform Due Diligence on a claimed Bogus Lead. If it is subsequently proved that the Lead is genuine and valid NO REFUND will be issued.
OTHERWISE the full cost value for the said Bogus Lead will be credited (In Store Credit) to the Lead Buyer's Account.
Term and Termination:
This Agreement is ongoing from the initial Registration start date. This Agreement can be terminated at any time by either party by written (Email or Fax) notice. All pending Lead Buyer payments must be paid in full by the Lead Buyer before cancellation of the Agreement shall take effect.
The Supplier (LeadScribe.com) reserves the right to modify this Terms of Service Agreement and its policies at any time and without advance notice to the Lead Buyer effective upon making the modified provisions available on the LeadScribe.com website. The Lead Buyer is responsible for regularly reviewing these documents. Continued use of the LeadScribe.com website after any such changes shall constitute the consent of the Lead Buyer to such changes. The Supplier (LeadScribe.com) does not and shall not assume any obligation to notify the Lead Buyer of any changes to this Terms of Service Agreement.
Each Party (the Supplier and the Lead Buyer) acknowledges and agrees that any information relating to the other other Party's business which is not generally known to the public shall be deemed Confidential and Proprietary Information and subject to the following Statement of Privacy Disclosure;
" LeadScribe.com is committed to protecting your privacy in accordance with the Data Protection Act 1998 (Registration Number Z2650891). This Statement of Privacy applies to the LeadScribe.com Web Site and governs data collection and usage at the LeadScribe.com site and services. It is expressly declared that such data collection and usage is facilitated by the storage of your submitted data in "cookies" being automatically installed on your computer or terminal or mobile-device web browser."
Save as the afforesaid Statement of Privacy Disclosure;
GOVERNING LAW AND CHOICE OF VENUE
- the Supplier shall indemnify and hold harmless the Lead Buyer from and against any and all third party claims, demands, losses, damages and reasonable expenses (including, without limitation, reasonable legal fees) arising from or in connection with the conduct of this Agreement.
- the Lead Buyer shall indemnify and hold harmless the Supplier from and against any and all third party claims, demands, losses, damages and reasonable expenses (including, without limitation, reasonable legal fees) arising from or in connection with the conduct of this Agreement.
The United Kingdom ENGLISH law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable legal fees, and costs and expenses incurred, subject to the Limitation of Liability clause. The parties hereto accept and agree that all legal issues arising herefrom shall be construed in accordance with English Law.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely confidentiality and non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
You may not sell, assign or otherwise transfer any of your rights or obligations under this Agreement to any other person or entity, without the express written consent of LeadScribe.com.
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
Your establishing of an account and/or your use of the LeadScribe.com website is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.