Effective Date: 6 June 2025
These Terms and Conditions (“Terms”) govern your use of [Company Name]’s services, website, and performance-based marketing solutions. By engaging with our services or site, you accept these Terms in full.
1. Definitions
- Qualified Lead: A consumer who meets agreed-upon criteria and is delivered in real-time via form, call, or appointment setting.
- Sales-Qualified Appointment: A scheduled interaction between client and prospect where the consumer has been pre-qualified to the extent defined in the campaign terms.
- CPS / CPA / CPL: Cost-per-sale, cost-per-appointment, or cost-per-lead billing models negotiated per client.
- Performance-Based Marketing: A delivery model in which clients are billed based on agreed actions or outcomes, not impressions or clicks.
2. Client Responsibilities
Clients must:
- Provide accurate campaign requirements and qualification criteria
- Maintain availability for scheduled appointments or inbound leads
- Avoid using delivered leads for unauthorized resell or remarketing
- Notify us of lead rejection reasons within the review window (typically 3 business days)
Failure to adhere to these conditions may result in delivery delays or forfeiture of credits/refunds.
3. Performance Billing Terms
- All pricing models (CPL, CPS, CPA, etc.) are clearly defined in the insertion order or contract
- Billing occurs based on tracked delivery data unless otherwise agreed
- Invoices are issued weekly or bi-weekly depending on account tier
- Late payments may result in pause of service or additional charges
4. Lead Review & Dispute Policy
If a client disputes a lead, the following applies:
- Disputes must be submitted within 3 business days of delivery
- Each dispute must be accompanied by a reason and documentation (e.g. bad phone number, disinterest)
- Approved disputes may be credited on a case-by-case basis
- Abuse of dispute policy may result in account termination
5. Data Ownership & Confidentiality
- All consumer data collected through campaigns remains the property of [Company Name] until delivered
- Client-provided data (e.g., suppression lists, API keys) remains confidential and is not shared or reused
- Both parties agree to maintain strict confidentiality around campaign performance, costs, and customer information
6. Compliance & Fraud Protection
We uphold strict compliance standards including but not limited to:
- TCPA, CAN-SPAM, GDPR, and CCPA regulations
- Internal Do-Not-Contact (DNC) list suppression
- Human-led verification where required
- In-house call recordings for QA and dispute resolution (where allowed by law)
Fraudulent leads or abusive behavior may be referred to authorities.
7. Limitation of Liability
To the extent permitted by law:
- [Company Name] is not liable for downstream conversion performance, client sales handling, or technical downtime
- Maximum liability is limited to the total fees paid for the affected billing cycle
- We do not guarantee specific sales outcomes, only the delivery of agreed qualified actions
8. Termination & Refunds
Clients may cancel campaigns with [7–14] business days’ notice unless otherwise agreed. Refunds for undelivered or disputed leads are issued based on review.
We reserve the right to pause or terminate any campaign for:
- Breach of compliance
- Abuse of dispute terms
- Failure to pay in a timely manner
9. Governing Law
These Terms are governed by the laws of the state in which [Company Name] is headquartered. Any disputes shall be resolved in accordance with local jurisdiction unless otherwise agreed in writing.
Contact
Legal or contractual inquiries can be directed to:
legal@[yourdomain].com