Terms and Conditions
1. This contract is non-cancelable for any reason and contains the client's full understanding.
2. Leadgency, Inc. reserves the right to decline a call center campaign or message it deems inappropriate.
3. Full payment is due upon signing of this contract. If terms are negotiated, no more than 30 day terms are extended in any case. Payments made prior to the 30 day term period will not be subject to any interest charges. Any payment received after 30 days from the date of the invoice shall be subject to 2.5% interest penalties. An additional 2.5% is added per 30 day period thereafter. Payment terms are not guaranteed for any reason and are reviewed on a case by case basis. Payment is required upfront to proceed with any order.
4. Monthly Plan agreements are made with Leadgency, Inc. on limited services offered. Any monthly commitment is non-refundable and non-cancelable. A credit card is required for monthly billing. Invoice authorization indicates approval of the monthly program. Billing date commences upon signing date of the Invoice. Any outstanding payments are subject to a 7.5% service fee plus a 2.5% interest rate each month the balance is outstanding.
4. Leadgency, Inc. only guarantees description of the service contained herein and the client agrees to hold The Lead Boutique harmless of all other liabilities that may be incurred.
5. Leadgency, Inc. 100% data replacement guarantee is only valid for 30 days upon purchase and is valid for one replacement per purchase.
6. Leadgency, Inc. is not responsible for any loss or damage arising from this contract.
This Agreement is entered into between Leadgency, Inc., and you (the “Customer” or “Client”), and covers the terms and conditions of your use of Leadgency, Inc. Services (“Services”). The Services that Leadgency, Inc. provides to you are subject to the following Terms and Conditions (“Terms”). Leadgency, Inc. may revise the Terms at any time by posting revised Terms on the Leadgency, Inc. web site (www.leadgencyinc.com).
You are responsible for regularly reviewing the Site to receive an update of the Terms. You shall be deemed to have accepted these updates by continued use of the Services after the changes have been posted.
You also agree to the Customer Invoice Agreement in addition to the Terms here in.
8. Use of Services / Customer Responsibilities
By using the Site and our Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you cannot utilize our Services. By accepting these Terms, you acknowledge that you agree to do the following: represent and warrant that the information provided by you in the Account Set-up is true and correct in all respects and that you will promptly update such information if it changes; and that you have agreed to pay all charges to your account that you incur as a result of use of the Services through your account.
9. Services Description
Leadgency, Inc. website provides you with access to a variety of call center, voice, consumer/business data and messaging services. “Services” are defined as any and all services provided by Leadgency, Inc. to you either now or in the future. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms.
You represent and warrant that you are at least 18 years of age. You attest that you possess the legal right and ability to enter into this Agreement. If you are representing a corporation you warrant that you have the authority to bind the corporation. You agree to be financially responsible for your use of Leadgency, Inc. Services (as well as for use of your account by others, including minors) and to comply with your responsibilities and obligations as stated in these Terms.
You are required to maintain the security of your password and other confidential information relating to your account; and be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Leadgency, Inc. of such use and taking steps to prevent its further occurrence.
10. Data Storage and Protection
While your account is active, Leadgency, Inc. will store messages customer information for a period of approximately one year. Leadgency, Inc. shall maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer information in its possession. Customer acknowledges that Leadgency, Inc. may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes may not be posted. Customer further agrees that this feature is provided as a convenience to Customer only and Leadgency, Inc. has no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.
Customer acknowledges and agrees that the predictability of the Internet is such that Leadgency, Inc. cannot and does not guarantee access to the Site or it’s Services. Leadgency, Inc. may, from time to time, temporarily suspend your access without any prior notice to you. Moreover, you understand and agree that Leadgency, Inc. will not be liable for any direct, indirect, incidental, special or consequential damages relating to any pranks, hoaxes, viruses, bugs or any other form of technological failure, natural disaster or security breach that may prevent or interrupt access to or use of the Site, or cause information or communications transmitted through Leadgency, Inc. accounts to be publicly disseminated or otherwise misdirected, or for any other mistake, omission, deletion of information or communications or error.
12. Passwords and Account Security
To open an account you must complete the sign-up process by providing us with current, complete and accurate information as requested on the Account Set-up Form. You agree to notify Leadgency, Inc. promptly of any changes to this information as required to keep it current, complete and accurate. By accepting this Agreement, you represent and affirm to Leadgency, Inc. that you will not communicate your user name and/or password to any unauthorized user. You agree to assume sole responsibility for all harm resulting from the use of the user name and password by anyone other than yourself.
You agree to notify Leadgency, Inc. immediately of any unauthorized use of your account or any other breach of security. Leadgency, Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Leadgency, Inc. or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
13. Prohibited or Unlawful Use
You represent that the information submitted for transmission through the Leadgency, Inc. network for Leadgency, Inc. Services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state,/provincial or local laws and regulations. You will not encourage or participate in conduct that would amount to a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law or regulation. You agree to comply with all applicable laws, regulations, or conventions including those related to Do Not Call provisions, voice broadcasting, telemarketing, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright owner. You should consult with an attorney regarding these laws and regulations. Customer agrees to indemnify and hold Leadgency, Inc. harmless for any claims, damages, costs and expenses that Leadgency, Inc. incurs due to protecting and enforcing its rights, including, without limitation attorney’s fees incurred to protect and enforce its rights, including, without limitation attorney’s fee incurred due to alleged violation of the above laws or regulations by Customer. In such an event, Leadgency, Inc. shall be defended by attorneys of their choice and at Customer’s expense.
You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all content, and that Leadgency, Inc. is not the creator, author or publisher of any content and Leadgency, Inc. does not review your content or rent or sell data or lists of any kind. Leadgency, Inc. simply acts as a medium for you to send and receive information of your own choosing.
Leadgency, Inc. prohibits the use of the Services or web sites by any person or entity that, encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same) including but not limited to: illegal narcotics; pirated software; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity; and similar activities. This is not a complete list, and Leadgency, Inc., in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and irrefutable for all purposes under this Agreement. Leadgency, Inc. will terminate your use of its Services if Leadgency, Inc. determines such prohibited content or use is in violation of this Agreement. Any information stored on Leadgency, Inc. servers that is deemed to be unlawful or an infringement of this Agreement or legal and regulatory requirements may be deleted at any time by Leadgency, Inc. without notice. Leadgency, Inc.reserves the right to remove any image which violates this Agreement without notice to you. Furthermore, Leadgency, Inc. not assume liability for claims concerning unsolicited voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, FTC regulations, CASL and the Can-Spam Act of 2003.
Leadgency, Inc. reserves the right at all times to disclose any information as Leadgency, Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Leadgency, Inc. reserves the right but is not obligated to review the content of any of your messages for compliance with these terms and other legal requirements upon receipt of a complaint. Leadgency, Inc. further reserves the right to take any other action with respect to the Services that Leadgency, Inc. deems necessary or appropriate in its sole discretion if Leadgency, Inc. believes you or your information may create liability for Leadgency, Inc. or others, compromise or disrupt the Services for you or other Customers, or cause Leadgency, Inc. to lose (in whole or in part) the services of Leadgency, Inc. internet service providers (ISP) or other suppliers.
You agree to indemnify and hold Leadgency, Inc. and its agents harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of your use of the Services, your violation of the terms of this Agreement, and the delivery of any of your messages and documents using the Services, or the infringement of any trademark or copyright by you.
14. Limitation of Liability and Disclaimer of Warranties
The Services are provided “as is” and there are no warranties, representations or conditions of any kind, express or implied, oral or written, arising by common law, the operation of law, course of dealing, dealings of trade or otherwise with respect to any other product or services, documentation or service in connection with or provided here. You are responsible for complying with all state and federal laws in relation to the broadcast services you are purchasing. Leadgency, Inc. does not guarantee the continued availability of the Service or any assumed guarantee or state of sale, acceptable quality, permanence or appropriate application for a specific purpose. No information included in but not limited to marketing statements or materials will be considered a warranty or representation and should not be relied upon and is not obligated by Leadgency, Inc.
Leadgency, Inc. is not responsible in any way for communications or difficulties outside of Leadgency, Inc. control.
The aggregate or maximum liability of Leadgency, Inc., whether civil offense (including negligence), breach of contract, violation of law (including fundamental breach or failure of an essential purpose), misrepresentation or otherwise in respect of a single occurrence or a series of occurrences, shall in no circumstances exceed the amounts paid by Customer to Leadgency, Inc. with respect to the Service provided in the claim. In no way shall Leadgency, Inc. be liable for any damages caused to the Customer or any third party even if Leadgency, Inc. has been advised of foreseeable possible damages.
15. Unsolicited Marketing
The transmission of unsolicited telemarketing phone calls, voice messages and email is regulated in the United States under the Sales Rule, the Federal Telephone Consumer Protection Act, CASL and the CAN-SPAM Act. Unsolicited marketing in violation of such laws through the Services is prohibited and a violation of this Agreement.
16. Third Party Rights
This Agreement has been made solely for the benefit of Leadgency, Inc. and the Customer, and their particular successors and allowed assigns. Nothing in this Agreement is intended to bestow any rights/remedies under or by reason of this Agreement on any third party.
17. Duration of Purchase
Your purchase of call center hours, broadcast minutes, time, or transmission services, or any other pre-paid service that has been purchased, will have an expiry of exactly 12 months from the purchase date.
18. Recording of Calls
All inbound and outbound phone calls will be recorded for dispute resolution, and quality control purposes.
19. Governing Law and Jurisdiction
You agree that these Terms shall be governed by and construed in accordance with the laws of the province of Ontario and you hereby consent to the jurisdiction of such province and agree that all disputes shall be tried in Toronto, Ontario, Canada. You also agree to personal jurisdiction in such courts and expressly agree not to contest location or authority in such courts.
Leadgency, Inc. reserves the right to suspend or terminate services if Leadgency, Inc., in its own discretion, believes that the Service is used for a purpose that is unlawful or prohibited by these terms, conditions, and notices.
If the customer chooses to stop a call center, or broadcast campaign prematurely, the hours will not be refunded. Campaign cancellations require 48 hours of advance notice by the Customer.
Leadgency, Inc. shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.
If any provision or portion of this Agreement shall be held invalid under any relevant laws, such invalidity shall not affect any other provision of this Agreement.
All approved Invoices or Contracts shall be deemed an Agreement. Any Agreement submitted to Leadgency, Inc. by The Client is considered non-cancelable for any reason. Payment must be made within the Terms associated to the Agreement. Yearly commitments will have a payment schedule associated with the commencement date of the item purchased. Any payment past due based on the agreed upon payment schedule shall be subject to a 2.5% late payment charge. Any early termination of the Agreement for a yearly commitment initiated by The Client shall besubject to a 2 month cancellation fee per year contracted.
23. Change of Service
Should the Client’s service level requirements or volumes change, warranting adjustments to the allocations of Leadgency, Inc. facilities, management or resources to the Client’s program, Leadgency, Inc. will review such changes with the Client and revisions will be set and agreed upon by both parties in writing prior to their implementation. If additional costs are incurred above those estimated at the start of the campaign, such costs will be billed to and paid by the Client during the next billing period. There is always a minimum of 48 hours notice required before any campaigns can be modified, suspended, stopped, cancelled, re-arranged, augmented or reduced, meanwhile existing charges will apply.
24. Direct Lead Data 100% Replacement Guarantee
A 100% guarantee is provided on all Business ‘Direct Lead Data’ purchases within 30 days of purchase. In order to get your bounce-back records replaced the Customer must provide an email bounce-back report to your Account Representative at Leadgency, Inc. detailing emails that failed to transmit successfully. Upon receiving your email bounce-back report within 30 days your Account Executive will be responsible for providing a replacement file for the exact amount of records that were shown and proven to have bounced back in your email broadcast report. The replacement file will only be issued once. The 100% guarantee does not relate to inaccurate records provided in the replacement file. Only one replacement file per purchase will be provided to the Customer. Any faked bounce-back report provided by the Customer to Leadgency, Inc. will be treated as a fraud and lawsuits may arise as a result of providing fraudulent reports to Leadgency, Inc..
Consumer Phone and Email Data 100% Replacement Guarantee
Consumer phone data purchases are also furnished with a 100% replacement guarantee within 30 days of purchase. The 100% data guarantee enables any client of Leadgency, Inc. to receive a 100% replacement guarantee on the purchased consumer or business list purchase. Any record proven to be invalid for a period of up to 30 days will be replaced to the client at no added cost. Proof must be provided in the form of digital voice recordings, (recordings of real phone calls) or email replies in order to receive newly replaced consumer phone records. The call recordings, or reply emails must prove that our data was inaccurate. A call center report can also be accepted detailing all ‘not in service’ phone numbers in order for the client to receive a onetime replacement file. Failure to provide any of the proof of inaccurate data within the 30 day time periodwill result in Leadgency, Inc. not replacing the record in question. The 100% guarantee does not relate to inaccurate records provided in the replacement file. Only one replacement file per purchase will be provided to the client. Any inaccurate or altered Not-In-Service call center reports provided by the client to Leadgency, Inc. will be treated as a fraud and lawsuits may arise as a result of providing fraudulent reports to Leadgency, Inc..
25. Cost Per Models
Leadgency, Inc. may offer a 'Cost-Per' telemarketing option to certain clients. A Cost-Per/performance based model must be approved by Leadgency, Inc. Management. Cost-Per refers to CPS 'Cost-Per-Sale', CPL 'Cost-Per-Lead', CPA 'Cost-Per-Acquisition', CPI 'Cost-Per-Install' and CPF 'Cost-Per-Fan.'
Cost-Per pay models require a non-refundable set up and deposit. Leadgency, Inc. will provide the service outlined on the Invoice for the Cost-Per model only. Quotes are not guaranteed and Cost-Per model pricing may require adjustments during the course of the contract. Leadgency, Inc. reserves the right to make necessary adjustments to Cost-Per pricing based on factors outside of Leadgency, Inc. control such as, and not limited to, market conditions and changes in such, target audience, The Clients value proposition, the value of the offer in the marketplace, the Clients engagement of leads provided, quality of a client-supplied list with a decay or inaccurate data greater than 15%. The Company reserves the right to apply a forfeiture of any set up, down payment or any items pre-purchased for any of the above reasons.
26. StealthVM Capabilities and Limitations
StealthVM is not guaranteed to be 100% ringless. A partial, half or full ring may occur prior the message transmitting direct to voice-mail. Not all phone numbers will receive your message. There is no guarantee as to how many recipients will receive your recorded message. The success of this service relates to the accuracy of phone data within the Customer’s phone list. All laws pertaining to voice broadcasting relate to the use of this service. The ‘ringless’ or ‘direct to voice-mail’ aspects of this service do not indemnify the Customer from Robocall or Voice Broadcasting legislation in your respective, State, Province or Country. The Customer assumes responsibility for the phone database they choose to broadcast their message (s) to. If the Customer broadcasts a StealthVM message to a consumer phone list they purchased from Leadgency, Inc., Leadgency, Inc. does not assume responsibility for the outcome, or legalities of the transmission.
This Agreement constitutes the sole Agreement between you and Leadgency, Inc. relating to your use of this Site, the Services and the subject matter hereof, and no representations, statements or inducement, oral or written, not contained in this Agreement shall bind either party. No waiver of any right under this Agreement by Leadgency, Inc. will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. Leadgency, Inc. reserves the right to assign, transfer or delegate any rights and/or obligations hereunder, in part or in whole, without your prior consent. You may not assign, transfer or delegate your rights or obligations stated here, in whole or in part, without Leadgency, Inc. prior written consent. This Agreement shall be binding upon each party to this Agreement and to their respective successors and permitted assigns. Any action or claim against Leadgency, Inc.must be brought within one (1) year following the date on which the claim first amassed or shall be deemed forever waived. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.