The Lead Company UK ltd's Terms & Conditions
1. INTRODUCTION
The marketing service provided by The Lead Company UK ltd is at
all times subject to these terms and conditions. By using our services,
you confirm your acceptance of, and agree to be bound by, these term
and conditions. These terms and conditions together with your completed
order form (provided either electronically or on paper) shall constitute
the agreement between you and The Lead Company UK ltd
("this
Agreement ").
2. AGREEMENT TO TERMS AND CONDITIONS
This Agreement takes effect on the date on which you order our
services.
3. INFORMATION PROVIDED BY YOU
You warrant that the name, address and payment information that
you provided when you placed your order with The Lead Company UK ltd
is correct and you agree to notify The Lead Company UK ltd of any
changes in the name, address and/or payment details. You agree that
The Lead Company UK ltd may disclose your name and address where there
is any complaint about the content of your pages, seminars or services
advertised by The Lead Company UK ltd. You warrant that you possess
the legal right and ability to enter into this Agreement and to use
The Lead Company UK ltd's services in accordance with this Agreement.
4. USAGE
You warrant the accuracy, truthfulness and reliability of any information
(including, where applicable, statements of opinion or advice) which
you supply. You warrant that you are authorised to promote and/or
provide any information which you promote and/or provide (for example
if you are providing financial information, that you hold any necessary
authorisation under all relevant legislation including the Financial
Services Acts). You agree to keep secure confidential information
relating to your account and services provided to you by The Lead
Company UK ltd. You are entirely responsible for any civil or criminal
liability that is incurred as a result of the information you ask
us to include in your marketing. The Lead Company UK Ltd will always
require signed approval from you prior to commencing any marketing
campaign or services on your behalf and you must warrant that by providing
such a signature you are an authorised person that can approve your
marketing as an investment advertisement, if so implied. You agree
to ensure that you have appropriately compliance checked any information
that you provide us to include on your marketing.
5. TERMINATION
The Lead Company UK ltd may terminate its services to you at any
time, upon ninety (90) days' notice. You may also do the same. Where
The Lead Company UK ltd terminates the agreement in reliance upon
your breach of Agreement, or you terminate the agreement, you will
not be entitled to any refund of any unused part of your advanced
payment for marketing services. The Lead Company UK ltd expressly
reserves the right to terminate or suspend its marketing services
offered under this agreement, without prior notice should you fail
to comply with clause 4 of these Terms and Conditions or should The
Lead Company UK ltd deem such action necessary where legal proceedings
are threatened or issued regarding the form or content of the information
you have provided to us The Lead Company UK ltd will confirm such
termination or suspension by subsequent notice. Save for any refund
of unused parts of the advanced payment for marketing services as
above, you will not be entitled to any compensation whatsoever in
the circumstances of termination and The Lead Company UK ltd shall
not be liable for any consequential loss whatsoever in relation to
termination of your account in any circumstances.
6. CHARGES
You agree to pay all charges for your use of our marketing services
at the prices in effect at the beginning of this agreement and without
any set-off or other deduction. Prices are subject to change at any
time by giving you a minimum of three month prior notice. You shall
pay the advanced payment for marketing services at time of order and
will pay for each lead generated as and when you select them, if appropriate
to the service selected. Where payment is not made within sixty (60)
days of due payment, your account may be suspended or terminated at
our discretion. If payment is not made on the due date The Lead Company
UK ltd shall be entitled, without limiting any other rights it may
have, to charge interest on the outstanding amount (both before and
after any judgement) at the rate of 4% above the base rate from time
to time of Lloyds Bank plc from the due date until the outstanding
amount is paid in full.
7. ADVERTISING
You undertake to provide services in conformity with any description
and warranties made. You agree to comply with all relevant legislation
including Advertising and Broadcast regulations, Consumer Credit Acts,
Trades Descriptions Acts and all rules and regulations under the remit
of the Financial Services Authority.
8. WARRANTIES AND LIMITATION OF LIABILITY
The Lead Company UK ltd warrants that its services will be provided
using reasonable care and skill. Where The Lead Company UK ltd supplies
any goods supplied by a third party, The Lead Company UK ltd does
not give any warranty, guarantee or other term as to their quality,
fitness for purpose or otherwise, but shall, where possible, assign
the benefit of any warranty, guarantee or indemnity given by the person
supplying the goods to The Lead Company UK ltd. Except in respect
of death or personal injury caused by The Lead Company UK ltd's negligence,
The Lead Company UK ltd shall not be liable to you by reason of any
representation (unless fraudulent), or any implied warranty, condition
or other term, or any duty at common law, for any loss of profit or
any indirect, special or consequential loss, damage, costs, expenses
or other claims (whether caused by The Lead Company UK ltd's negligence
or the negligence of its servants or agents or otherwise) which arise
out of or in connection with the provision of any goods or services
by The Lead Company UK ltd. The Lead Company UK ltd shall not be liable
or deemed to be in breach of contract by reason of any delay in performing,
or failure to perform, any of its obligations if the delay or failure
was due to any cause beyond its reasonable control. Any estimates
given by The Lead Company UK ltd as to the time of completion of performance
of its services (whether completion of the whole or a part of those
services) shall be estimates only and time shall not be of the essence.
The Lead Company UK ltd when providing electronic media including
but not limited to Powerpoint slides, shall take reasonable care to
avoid introducing computer viruses to your computer systems and shall
not be liable to you by reason of any virus unknowingly introduced
to your system by it for any loss of profit or any indirect, special
or consequential loss, damage, costs, expenses or any claims which
arise out of or in connection with such introduction of a computer
virus. Notwithstanding contrary clauses in this Agreement, in the
event that The Lead Company UK ltd are deemed liable to you for breach
of this Agreement, you agree that The Lead Company UK ltd's liability
is limited to the amount actually paid by you for your services, which
amount calculated in reliance upon this clause. You hereby release
The Lead Company UK ltd from any and all obligations, liabilities
and claims in excess of this limitation.
9. INDEMNIFICATION
You agree to indemnify The Lead Company UK ltd from and against
any and all liabilities, expenses (including legal fees) and damages
arising out of claims based upon or relating to your information and
services, including but not limited to any claim of libel, defamation,
violation of rights of privacy or publicity, loss of service, non-supply,
fraud, infringement of intellectual property or other rights or other
claims whatsoever. The Lead Company UK ltd will notify you promptly
of any claim for which The Lead Company UK ltd seeks indemnification
at the currently supplied address. The Lead Company UK ltd will afford
you the opportunity to participate in the defence of such claim, provided
that your participation will not be conducted in a manner prejudicial
to The Lead Company UK ltd's interests, as reasonably determined by
The Lead Company UK ltd and/or its lawyers.
10. NOTICES AND CONSENTS
Any notice, request or other communication to either party by the
other under this Agreement shall be given by email, fax or conventional
mail and shall be confirmed by conventional mail.
11. ASSIGNMENT OF RIGHTS
You shall not assign this Agreement or any benefits or interests
arising under this Agreement without The Lead Company UK ltd's prior
written permission, such not to be unreasonably withheld.
12. OWNERSHIP
The ownership of marketing materials and presentations shall remain
with The Lead Company UK ltd . The Lead Company UK
ltd reserves the right to use in any way it wishes any programming
tools, skills, content, and techniques acquired or used in performing
its duties under this Agreement.
13. GENERAL TERMS AND LAW
This Agreement is governed by the laws of England and Wales. You
acknowledge that no joint venture, partnership, employment, or agency
relationship exists between you and The Lead Company UK ltd as a result
of your use of these services. You agree not to hold yourself out
as a representative, agent or employee of The Lead Company UK ltd.
You agree that The Lead Company UK ltd will not be liable by reason
of any representation, act or omission to act by you. The Lead Company
UK ltd's performance under this Agreement is subject at all times
to existing laws and legal process and nothing contained in this Agreement
is in derogation of The Lead Company UK ltd's right to comply with
law enforcement requests or requirements relating to your use of The
Lead Company UK ltd or information provided to or gathered by The
Lead Company UK ltd with respect to such use.
14. SEVERABILITY
If any of the provisions of this Agreement is judged to be illegal
or unenforceable, the remainder shall continuation in full force and
the effect of the remainder of them will be not be deemed to be prejudiced
(unless the substantive purpose of this Agreement is then frustrated,
in which case either party may terminate this Agreement forthwith
on written notice).
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between The Lead
Company UK ltd and you with respect to your use of services and/or
goods provided by The Lead Company UK ltd, and it supersedes all prior
or contemporaneous communications and proposals, whether oral or written,
between The Lead Company UK ltd and you with respect thereto. Each
party confirms that it has not relied on any representation not recorded
in this document inducing it to enter into this Agreement. The address
for communication to The Lead Company UK ltd by conventional mail
unless you are otherwise notified shall be:
The Lead Company UK ltd
Regus House
Falcon Drive
Cardiff
CF10 4RU
The telephone number shall be 0845 257 9672
The facsimile number shall be 0845 257 9674
The Email address shall be info@theleadcompany.co.uk
ADDENDUMS (5TH DECEMBER 2005)
SCREENING OF LEADS
You will be able to screen leads and will be able to reject a
lead for the following reasons. The lead is:
1. A financial services firm
2. An existing client
3. An individual that you have dealt with before and do not wish
to again
4. A lead supplied less than 24 hours prior to the requested
seminar
There is a clear distinction between screening leads for payment
and screening leads that you wish to attend your seminars. In
terms of payment, only the above four reasons are valid causes
for
rejection and would result in you not having to pay for the lead.
If however,
there are leads you do not wish to attend for any other reason,
we
will contact them on your behalf to inform them that they do
not have a place at your seminar but they will still be chargeable
as a valid
lead.
NOTIFICATION OF REJECTIONS
We will only accept rejection of a lead if we are informed of such
at least four days prior to your first seminar. Failure to inform
us of rejections prior to a seminar means that we are unable to
inform the customer that they are not invited to attend. Additional
cost to us is then incurred when rejected leads/customers that have
not been informed of such, call us to find out why they have not
received confirmation and directions to the seminar. Last minute
leads which are supplied within four days of your first seminar
must be rejected within 24 hours, or are considered accepted. Leads
cannot be rejected after these deadlines and will be considered
an ‘accepted lead’ if no notification is received. Leads
cannot be rejected due to lack of space at your seminar venue. The
only exception to this rule is where we generate more than forty
leads in a single postcode area during a campaign.
CANCELLATION FEE INTRODUCED
Whilst it is rare, occasionally firms that reserve a campaign/postcode
area, fail to run their seminars for a variety of reasons. Therefore,
our terms and conditions now include a cancellation fee of £750
plus VAT, which is equivalent to the cost of 20 leads, which
is payable if an area is reserved but where the seminar is not
run, or is cancelled.
