OUR TERMS OF SERVICE
LeadGenerationHome.com is owned and operated by LGH Communications and as such all fees shall be charged by the entity LGH Communications.
RECITALS
a) LeadGenerationHome.com provides Lead Generation Services for clients.
b) The Client wishes to appoint LeadGenerationHome.com as a supplier of LeadGenerationHome.com in the Territory on behalf of the Client on the terms and conditions contained in this Agreement.
OPERATIVE PROVISIONS
1 DEFINITIONS AND INTERPRETATION
1.1 Definitions
“Campaign” means the lead generation campaign and chosen target areas of the Client;
“Client” means the organisation engaging LeadGenerationHome.com to provide Telemarketing Services and identified on the Campaign Proposal and Invoice;
“Confidential Information” of a party means
a) all information disclosed by the discloser as confidential or considered by the discloser to be confidential; and
b) all information that is confidential or that the owner of that information considers confidential of which the recipient becomes otherwise aware but excludes information that:
i) the recipient creates (whether alone or jointly with another person) independently of the discloser; or
ii) is public knowledge otherwise than as a result of a breach of confidentiality by the recipient;
“LeadGenerationHome.com Personnel” means any person(s) LeadGenerationHome.com designates to perform Lead Generation Services;
“Insolvency Event” means the occurrence of any of these events:
a) an application is made to a court for an order, or an order is made, that a body corporate be wound up;
b) a body corporate would be presumed to be insolvent by a court within the meaning of the appropriate corporations legislation in the body corporate’s country or State of registration;
c) a meeting is convened, or a resolution is passed, to appoint an official administrator in respect of a body corporate;
d) except to reconstruct or amalgamate while solvent, a body corporate enters into, or resolves to enter into, a scheme of arrangement or composition with, or assignment for the benefit of, all or any class of its creditors, or it proposes a re-organization, moratorium or other administration involving any of them;
e) a body corporate resolves to wind itself up, or otherwise dissolve itself, or gives notice of its intention to do so, except to reconstruct or amalgamate while solvent, or is otherwise wound up or dissolved;
f) a body corporate is or states that it is unable to pay all its debts as and when these fall due; or
g) a person becomes insolvent under administration as defined in the appropriate corporations legislation in the body corporate’s country or State of registration or action is taken that could result in that event;
“Intellectual Property Rights” means all intellectual property rights, including:
a) patents, copyright, registered designs, trademarks and the right to have Confidential Information kept confidential; and
b) any application or right to apply for registration of any of the rights in a) of this definition.
“Lead Generation” means the Services that LeadGenerationHome.com carry out on behalf of their Client;
“Service Fee” means the fee payable to LeadGenerationHome.com for any specified service in relation to the Campaign;
“Territory” means the area, States or Territories, country or countries or region or regions as set out in the targeting area/s of the Campaign;
1.2 Interpretation
In this Agreement unless the context indicates a contrary intention:
a) words denoting the singular number include the plural and vice versa;
b) words denoting individuals include firms, bodies corporate, unincorporated associations and authorities;
c) headings are for convenience only and do not affect interpretation;
d) references to this Agreement, include references to this Agreement, as amended, novated, supplemented, varied or replaced from time to time;
e) references to any party to this Agreement includes its successors or permitted assigns;
g) words denoting any gender include all genders; and
2 TERM
2.1 This Agreement commences once the Client accepts these terms of our service.
2.2 The Lead Generation Service will not commence until all required payments have been received.
2.3 Unless terminated in accordance with Clause 5 hereunder, the Agreement terminates upon the later of the completion of the Lead Generation Services by LeadGenerationHome.com and the payment of the final amount due by the Client.
3 GENERAL
Parties Obligations and Acknowledgements
3.1 LeadGenerationHome.com will:
a) prepare a Campaign material for Lead Generation Services;
b) perform the Lead Generation Services in a diligent and professional manner; and
c) to liaise with and report to the Client in the performance of the Lead Generation Services.
3.2 The Client will;
a) inform LeadGenerationHome.com in writing of future significant increases in lead requirements at least 1 month in advance;
b) provide 10 work days’ notice to LeadGenerationHome.com of a proposed Campaign commencement;
c) ensure required payments are made 5 work days prior to the commencement of the Lead Generation Services;
d) work with the LeadGenerationHome.com to provide strategy to ensure that LeadGenerationHome.com can supply the Lead Generation Services;
e) communicate all formal requests in writing via email, including, but not limited to, leads request, change offering, price variation, direction of leads, and all instructions and guidance.
3.3 The Client acknowledges;
a) if instructed by the Client to carry out a Campaign with less than a 5-day preparation period LeadGenerationHome.com shall not be responsible for any perceived shortcomings in the Campaign;
b) that staff assigned to the Client’s campaign are only to be trained internally by LeadGenerationHome.com;
c) that LeadGenerationHome.com in the provision of providing Lead Generation Services may choose to subcontract, install, purchase, lease, or hire third party services and technologies that enable the facilitation of all or part of its services.
d) that LeadGenerationHome.com assumes no responsibility for errors or omissions in the Clients information provided or omitted;
e) that the Clients Unique Selling Position can be a significant determining factor to the success of a Campaign.;
f) and gives authority for LeadGenerationHome.com to modify, and or alter without any consent any campaign configurations and or processes it sees fit in order maximize optimum results.
3.4 Performance Expectations
a) LeadGenerationHome.com will effectively deliver Lead Generation Services but does not warrant or guarantee any specific result nor any previously outlined processes as they maybe subject to change in order to maximize outcomes for the Campaign. Further, the parties acknowledge that various factors may affect the outcomes of a Campaign including, but not limited to: regional, economic, social, political, seasonal factors and the effectiveness of the Unique Selling Proposition and Campaign Material.
b) LeadGenerationHome.com bases any prediction of outcomes of a Campaign on the following assumptions:-
i) that all the client’s instructions, representations, instructions are accurate;
ii) that there will be timely execution, delivery, and performance on the Client’s part so as to meet relevant deadlines;
iii) that Lead Generation Services; represents the choice of the clients preferred target market;
iv) that the economic and political conditions in which the target market operates is receptive to new business;
none of which are within the control of LeadGenerationHome.com.
c) LeadGenerationHome.com may elect to offer a performance standard based on a percentage of Positive Response outcomes for the Clients campaign. A Positive Response is defined as any kind of response that is not a negative response including but not limited to; any prospect that has Not expressly said do not contact again; and therefore, can be followed up by the Client in the short or long term.
d) LeadGenerationHome.com may elect to offer an “average cost per lead” whereby over the course of a campaign, LeadGenerationHome.com may achieve that “average cost per lead”. However, this is an average only and not a guarantee to be able to provide said “average cost per lead” or in fact any result or lead at all.
e) LeadGenerationHome.com may elect to offer a fixed rate per Lead, however any fixed rate offered is an average based on past results which are not indicative of possible future outcomes. Therefore we do not guarantee any specific volume or number of leads. Further, the campaign is considered completed if the total amount paid has been exhausted prior to the total leads have been fulfilled.
3.5 Additional Terms
a) LeadGenerationHome.com reserves the right to suspend provision of Lead Generation Services if revised payments are not effected following LeadGenerationHome.com revision of terms.
b) A re-launch fee may apply if Campaign was paused due to late payments or delay by the Client.
c) The Client agrees to pay LeadGenerationHome.com for the incidental costs and disbursements reasonably incurred by LeadGenerationHome.com in the performance of any services to execution of any term of this Agreement.
d) Refunds of any kind are not provided however the Client is able to suspend a Campaign and have 12-months to use any outstanding credit remaining. LeadGenerationHome.com requires a 48 hours’ notice to suspend a campaign. Credit remaining unused 12-months after the date of initial payment shall be forfeited.
e) LeadGenerationHome.com reserves the right to increase its Service Fees and or pricing structure upon 30 days’ notice to existing Clients.
4 SERVICE FEES
4.1 Payment by the Client
a) The Client shall pay LeadGenerationHome.com the fee for Lead Generation Services as indicated on the provided payment page;
b) Payment shall be made in accordance with the method outlined on the Service Proposal.
c) LeadGenerationHome.com reserves the right to change the fees.
5 TERMINATION
5.1 The parties agree that either party to this Agreement may, by written (30) days’ notice, terminate the Agreement if the other party;
a) breaches any provision of this Agreement and fails to remedy that breach within seven (7) days after notice requiring it to do so;
b) breaches a material provision of this Agreement where that breach is not capable of remedy;
c) incurs an Insolvency Event
5.2 Termination of this Agreement shall not affect the accrued rights or liabilities of either party. In the event of this Agreement being terminated all lists, publications and leads will be given to the Client upon request.
5.3 LeadGenerationHome.com reserves the right to terminate this Agreement for any reason at anytime by providing notice in writing to the Client.
5.4 Should the Client wish to terminate after payment has been made, then the Client must allow LeadGenerationHome.com to complete the Campaign in full or forfeit any monies paid to date.
5.5 In the event the Client has already requested to engage LeadGenerationHome.com service then subsequently terminates, suspends or fails to follow through with their Campaign for any reason; the Client will be liable and agrees to pay a Campaign administration fee of $500 USD (which is not liable if the campaign is completed and will be deducted out of amounts already paid); for all costs associated with the campaign accrued by LeadGenerationHome.com on behalf of the Client including but not limited to; staff training, campaign system loading, script development and or modification.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 This Agreement does not transfer title or ownership of information or intellectual property rights to LeadGenerationHome.com. Any lists or Campaign Materials provided by the Client remain the property of the Client. LeadGenerationHome.com will not make use of any of the Campaign Materials provided by the Client for its own gain or for any other business than the Lead Generation Services of the Client.
6.2 The Client acknowledges that intellectual property created in the course of the provision of the Campaign vests in LeadGenerationHome.com upon creation and will remain the sole property of LeadGenerationHome.com, and the Client will not in any way claim any rights in such intellectual property or allow or encourage other persons or entities to make such claims or disclose such intellectual property to any other person or entity.
6.3 The Client Acknowledges that all pre-existing intellectual property owned by LeadGenerationHome.com and disclosed to the Client for the purposes of providing the Campaign shall remain the property of LeadGenerationHome.com and shall not transfer or be assigned to the Client except with the express permission in writing of LeadGenerationHome.com.
7 WARRANTIES
7.1 LeadGenerationHome.com warrants that:-
a) it has the right to enter into this Agreement;
b) will comply with all privacy legislation applicable and in force in the country or State in which the client is registered or domiciled or in the Territory as applicable in relation to the handling of personal information;
7.2 The Client warrants that it enters into this Agreement in its own right and it is authorized to enter into this Agreement on its own behalf .
8 INDEMNITY
8.1 The Client indemnifies LeadGenerationHome.com against any liability, loss, claim, demand, cost, or expense of any kind which LeadGenerationHome.com at any time suffers or incurs or arising out of the Lead Generation Services howsoever arising.
9 EXCLUSIONS AND LIMITATIONS
9.1 General
These terms and conditions do not exclude, restrict or modify the application of any statutory provision in the country or State in which the client is registered or domiciled or in the Territory where to do so would:-
a) contravene any such statutory provision; or
b) cause any part of these terms and conditions to be void.
The Client acknowledges that of its own accord it has determined that the services being acquired are fit for its purpose.
9.2 Limits on Liability
This term and condition prevails over all other terms and conditions and sets out the entire liability of LeadGenerationHome.com and the sole and exclusive remedies of the Client in respect of the performance, non-performance, purported performance or delay in performance of the Campaign (or any part of it) or otherwise in relation to this Agreement any agreement for LeadGenerationHome.com to provide the Services:
a) Subject to the following term LeadGenerationHome.com does not accept and the Client agrees not to seek from LeadGenerationHome.com any liability for loss of or damage to the Client’s tangible property whether by LeadGenerationHome.com employees, subcontractors or agents or otherwise other than that caused by LeadGenerationHome.com negligence.
b) Subject to the preceding term LeadGenerationHome.com liability for loss or damage to the Client’s tangible property shall at all times and in all instances shall be limited to and shall not exceed the sum of USD $1000;
c) LeadGenerationHome.com does not accept and hereby excludes liability for breach of duty arising pursuant to these terms and conditions or pursuant to any agreement whereby LeadGenerationHome.com will provide services to the Client. Specifically, LeadGenerationHome.com shall have no liability for:
loss of revenue;
ii. loss of actual or anticipated profits;
iii. loss of the use of money or anticipated savings;
iv. loss of business or loss of an opportunity;
v. loss of goodwill or loss of reputation.
d) The limitation of liability conferred upon LeadGenerationHome.com shall have effect in relation to any liability expressly provided for under any agreement whereby LeadGenerationHome.com is to provide services to the Client and to any liability arising by reason of the invalidity or unenforceability of an term of any agreement whereby LeadGenerationHome.com is to provide services to the Client.
e) Nothing in any agreement whereby LeadGenerationHome.com is to provide services to the Client shall exclude or limit LeadGenerationHome.com liability caused by LeadGenerationHome.com negligence or otherwise where such liability cannot be excluded or limited by any applicable law in the Territory.
10 SECURITY AND CONTROL
10.1 LeadGenerationHome.com shall at all times effect and maintain adequate security measures to safeguard the Campaign Materials from access or use by any unauthorized person or third party. LeadGenerationHome.com shall retain the Campaign Materials under its own effective control even when such information is passed to a government agency or any other third-party service provider of the Client.
10.2 LeadGenerationHome.com shall notify the Client in writing where any Campaign Material is provided to a third party or government agency within seven days of such a third party or government agency being appointed.
11 COMPLIANCE WITH LAWS AND INDUSTRY STANDARDS
11.1 LeadGenerationHome.com will comply with all relevant Laws, Standards, Codes or Guidelines in providing the Lead Generation Services, including but not limiting to all privacy, ‘media regulatory legislation and applicable industry bodies and legislation in the country or State in which the client is registered or domiciled or in the Territory as applicable.
12 NOTICES
12.1 Any notice, order, acceptance or other communication under this Agreement will be in writing and signed and forwarded to the provided addresses and facsimile numbers or to such other addresses and facsimile numbers as may be substituted by the parties’ written notice.
12.2 Such notice, order, acceptance, or other communication will:
a) if sent by prepaid post, in any country, be deemed to have been received on the tenth day after the date of posting;
b) if sent by email will be deemed to be received on receipt by the sender of the email code and the number of the recipient at the conclusion of the transmission;
c) if sent by facsimile, be deemed to be received on receipt by the sender of confirmation of due receipt via the sender’s facsimile machine;
d) if delivered by hand, be deemed to be received on the date of delivery.
e) if the time of dispatch or delivery (as the case may be) is after 4.00 pm on a day on which business generally is carried on in the place to which the email or facsimile communication is sent, or in the place in which personal delivery is made, the notice will be deemed to have been received at the commencement of business on the next such day in that place.
13 WHOLE AGREEMENT
13.1 This Agreement supersedes all and any previous agreements between LeadGenerationHome.com and the Client whether oral or written, and there are no understandings, representations or warranties of any kind between the parties except as expressly set forth in this Agreement.
13.2 This Agreement cannot be amended except by an instrument in writing signed by the parties and stating the parties’ intention to amend this Agreement accordingly.
13.3 If any provision or part of a provision of this Agreement is held to be illegal, unenforceable or otherwise invalid, that provision or part will be deemed to be severed from this Agreement and the remainder of this Agreement will continue in effect.
14 FORCE MAJEURE
14.1 Failure or delay in performance of any obligation under this Agreement by either party will not be deemed to be a breach of this Agreement if that failure or delay is due to any cause beyond the reasonable control and without the fault or negligence of that party, but in order to excuse its default on this basis, a party will notify the other of the occurrence or the cause specifying the nature, particulars and expected duration thereof.
15 APPLICABLE LAW
15.1 This Agreement is governed by and will be construed in accordance with the laws of the State of NSW, Australia and the laws of the Commonwealth of Australia, and the parties agree to submit to the jurisdiction and courts of that State and country.
16 NO WAIVER
16.1 The failure by LeadGenerationHome.com to exercise a right or remedy here-under shall in no manner affect LeadGenerationHome.com ability to exercise its right or remedy at a later time. No waiver by LeadGenerationHome.com of a breach on any instance shall be deemed to be further or continuing waiver of such breach.
17 DISPUTE RESOLUTION
17.1 Both parties agree that at the first instance, disputes should be attempted to be resolved through a process of discussion. Each party must put in writing the issues in dispute. If resolution cannot be reached through the discussion process, either party may elect to refer the matter to a mutually agreed independent expert to adjudicate the matter.
18 PRIVACY TERMS
18.1 General
LeadGenerationHome.com recognizes the expectations of consumers to have their privacy respected in accordance with industry and legislative standards.
The parties shall:-
a) comply with all privacy legislation and advertising, media and direct advertising codes or equivalent codes of conduct or self-regulating codes or covenants in the country or State in which the client is registered or domiciled or in the Territory as applicable;
b) comply with all laws relating to the collection, storage, use and disclosure of the information embodied in the Services Schedule, including data protection legislation in the Client’s State or territory of residence or incorporation;
c) destroy or de-identify all personal information obtained in relation to the provision of the Lead Generation Services at the later of: the expiration or termination of this Agreement; or three months from the date of completion of any work under Agreement (unless written authority to the contrary is provided by the Client).
The Client shall:-
a) only use personal information obtained or collected pursuant to this Agreement for the purposes of the Services outlined in this Agreement;
b) have a Privacy Compliance Plan for the services supplied under this Agreement which comply with the requirements of the legislation in the Client’s State or territory of residence or incorporation and any guidelines and does of practice which are relevant;
c) ensure all relevant Personnel are properly trained regarding the Privacy Compliance Plan;
d) carry out any reasonable instructions given by LeadGenerationHome.com with respect to privacy obligations under this Agreement;
e) advise LeadGenerationHome.com of any complaints or breaches of privacy, or requests for access to personal information;
f) manage its own opt out and consumer handling obligations unless otherwise agreed; and
g) provide LeadGenerationHome.com with a copy of any direct marketing material or script prior to it being used. (LeadGenerationHome.com will determine in its sole discretion whether it regards this material or script as complying with this Agreement.)
LeadGenerationHome.com shall; –
observe the following privacy policy guidelines in the provision of the Lead Generation Services:
“LeadGenerationHome.com is highly ethical organization in its field and believes in the privacy of an individual. To protect this right, LeadGenerationHome.com is committed to ensure that all of its Managers and Employees fully comply with the National Privacy Principals regulations and with equivalent regulations and/or codes in the country or State in which the client is registered or domiciled or in the Territory as applicable. LeadGenerationHome.com staff is provided with the ongoing training to increase their skills in dealing with the public, proper collection of information and general work ethics.”
19 CONFIDENTIALITY
The parties shall, except as required by law:
a) treat as confidential and keep secret all Confidential Information disclosed between them or in relation to any dealings between them or to any third parties.
b) not use the Information, or permit the Confidential Information to be used, for any purpose whatsoever other than that expressly provided under this Agreement.
c) to return all documents and other materials embodying, or in any way relating to the Confidential Information, including any authorized copies or reproductions of such documents and other materials made by either party, and shall destroy or render unusable all details of, or in any way relating to, the Information held in databases or in other electronic storage or retrieval systems, on demand of a party.
20 NO ASSIGNMENT
The Client shall not assign, transfer or otherwise dispose of or encumber any of its rights and obligations under this Agreement and under any agreement whereby LeadGenerationHome.com is to provide the Services to any party other than the Client without LeadGenerationHome.com prior written consent.
21 NO PARTNERSHIP
LeadGenerationHome.com and the Client are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, representative status or employer/employee relationship between LeadGenerationHome.com and the Client. Neither LeadGenerationHome.com and the Client has any authority to and shall not make any representations regarding the other party or incur any loss, liability or cost or enter into any contract or agreement involving the other party in financial commitments or liability except with the prior written approval of the other party and must not hold itself out as having such authority.
WHEREFORE, any and all payment made by the Client to LeadGenerationHome.com, confirms the Client acknowledges that it has read and understands these Terms and Conditions and voluntarily accepts the duties and obligations set forth herein.