Pay Per Lead
(Hereafter "The Company", "The Company's" "We" and other
applicable terms referring to Pay Per Lead) Terms,
Conditions & Policies
1. These are the terms, conditions and policies that
govern the use of this website, our products and
services. Your use of this website and/or our products
and services constitutes an agreement and is conditional
on acceptance of all such terms, conditions, and
policies listed on this page without any modification.
By accessing this website, you are indicating your
acknowledgement and acceptance of these terms,
conditions and policies. If you do not agree to these
terms, conditions and policies please do not use this
website.
2. a.
Our privacy statement below contains a complete list of
the details on how we use your information.
b. Our anti-spam policy below describes our position and
your obligations in regards to our anti-spam policy.
3. a.
When you call us or request us to contact you by filling
out one of the contact forms on this web site it is
deemed by The Company to be permission for us to contact
you. This contact may include representatives of the
company, including, but not limited to, management,
employees, or subcontractors. This permission is
understood to mean that we may contact you by telephone,
email, direct mail or other reasonable means.
b. We cannot guarantee that we can fulfill your service
needs and reserve the right to not do business with you
for any reason whatsoever at any time.
c. These terms and conditions may change or be amended
at any time as Pay Per Lead sees fit. These changes will
be deemed to be part of this agreement and by using this
site you also agree to be bound by all said changes to
these terms, conditions and notices. All such changes,
amendments or notices will be posted on this page for
you to view.
4. You warrant that all the information you provided is
and will be accurate, current and truthful to the best
of your knowledge. If any information that you
provided is not true, current or complete, or The
Company has reasonable grounds to suspect that the
information is not true, accurate, current nor complete,
The Company has and may exercise their right to refuse
all current and/or future use of The Company's products
or services by you. You are also responsible and liable
for any and all use of The Company's products or
services by any and all persons you intentionally or
negligently grant access to The Company's web site,
products or services.
5. All information, documents, reports whether
downloadable or available publicly on the web site
including the design and layout of The Company Web site
are protected by trade dress, trademark, unfair
competition, and other laws and may not be copied or
imitated in whole or in part. These are provided as
resource and THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES ABOUT THE SUITABILITY OR QUALITY OF THEM. ALL
SUCH INFORMATION AND DOCUMENTS WHETHER FOR DOWNLOAD OR
AVAILABLE PUBLICLY ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. THE DOCUMENTS WHETHER FOR DOWNLOAD
OR AVAILABLE PUBLICLY PUBLISHED ON THE COMPANY WEB SITE
MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. THE COMPANY MAY ISSUE UPDATES TO
INFORMATION AND IS UNDER NO OBLIGATION OR LIABLE FOR ANY
DAMAGES INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES
BY NOT ISSUING NOTIFICATION OF SUCH UPDATES.
6. Any links on The Company Web site that may allow you
to leave The Company's Web site are not controlled by
The Company. The Company cannot guarantee they will stay
functioning as we have no control as to whether the
linked sites will stay functioning themselves. The
Company cannot in any way be responsible for the
contents, functionality of any and all of the
information on or the practices of said linked sites or
any of the links to which the linked sites lead. These
are provided only as resource and any inclusion of these
links does not constitute or imply an endorsement by The
Company of the site.
7. You acknowledge that you do not work for us; that you
have hired us simply to generate leads for you or your
company. Since we in no way work for you cannot be held
responsible or liable for anything you do whatsoever
ever. Nothing is an exception to this.
8. INDEMNIFICATION. YOU AGREE TO INDEMNIFY THE COMPANY,
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM
EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS,
INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE
TO OR ARISING FROM YOUR USE OF THE COMPANY'S PRODUCTS OR
SERVICES OR IN CONNECTION WITH THE COMPANY WEB SITE OR
YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING
FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
9. You acknowledge and agree that The Company's products
and services are provided to you on an "AS IS" basis
without any warranty whatsoever, and your sole and
exclusive remedy, and The Company's sole obligation to
you or any third party for any claim arising out of your
use of The Company products or services or The Company
Web site, is that you are free to discontinue your use
of The Company products or services or The Company Web
site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN,
THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
AND YOU AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY
FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
(INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES
(EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY
CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND
PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND
PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The Terms and Conditions are binding to the benefit of
The Company's successors, assigns and licensees.
10. You must accept consecutive zip codes in all the
areas you request leads. You may of course limit the
areas to which you request we get leads for you but all
zip codes must always be consecutive.
11. You must accept and pay for all leads in the area
you choose to do business. Again you may limit the areas
in which you choose to work. If you receive a lead in an
area outside of your prescribed area you must inform the
company within 3 business days (This is so the lead is
still warm when we verify it and so contact information
is current.) or accept it and pay for it.
12. The Company reserves the right to choose who they
want to do business with and who they don't want to. We
also reserve the right to cut ties with any customer for
any reason no matter how dependent they have become on
us for their means of earning a living. (Logically we
would only do this if we had a reason to.)
13. You grant us permission to use your company logo or
to create on for you whatever we deem best.
14. We warrant that all leads that come from a website
with your company logo on it (that we create or you
allow us to use) exclusively to you.
15. You may pay us by credit card on a real time basis
(that means we will charge your card for leads as they
come in.) or in advance by PayPal or check. If you
choose to pay by checks the check must clear before we
start generating leads for you.
16. A
valid lead may consist of only an email address. Missed
calls are considered leads and will be billed at full
price as we can not be responsible for whether phone
calls are answered. All disputes about quality of leads
are handled on a case by case basis. You must inform us
in writing within 3 business days from the date the lead
is obtained if there are any questions. Once you give us
your credit card information or pay in advance by
another method we will start generating leads for you
until you inform us in writing that you want us to stop
in the case of credit cards or until any used funds are
exhausted if you have paid by another means. In no case
will funds paid by check or PayPal be refunded under any
circumstances for any reason other than that we were not
able to obtain leads for you. If you want to stop
receiving leads permanently or for a limited time you
must inform us as we have expenses involved in obtaining
the leads. If you fail to inform us you will be billed
for all leads received. We reserve the right to cancel
your account if you choose to stop your leads for any
reason whatsoever as we have done a lot of setup work
and may need to use the site or sites for a different
client to prevent financial loss. Your doing business
with us constitutes acceptance that we can contact
clients on your behalf to set an appointment or verify
lead quality. (This is common practice among lead
generation companies.) Missed call are charged full
price as we have no control over whether you answer your
phone or not. We strongly recommend you hire a competent
answering service as no one can answer their phone 24
hours a day 365 days a year and leads from the internet
can and do come in at any and all times. With
persistence most missed calls can be contacted. If you
do not want the work of pursuing the leads please do not
hire us. We are able with paid advertising to control
the hours the campaigns run but we can not control the
hours that Google displays the organic impressions to
their searchers. Our prices include getting paid for
these leads too and there is no way to stop them from
coming in. We are not responsible if you don't
diligently follow up on the leads we send you by phone
or email. Since the leads either called you on the
telephone or they are sent by both email and text
message (providing you have these services) there can be
no valid reason, on our part, for your not receiving
them other than if our equipment is faulty and the leads
do not reach you. In this case you will not be charged
but this is extremely rare. You’re not trying to contact
or not being able to contact any lead does not
constitute grounds for non payment or a refund for that
lead. Not getting the job does not constitute grounds
for non payment or to request a refund for any lead.
Sometimes people hire someone very quickly so if you
delay in contacting a lead they may have hired someone
else. Although we don't send leads to more than one
client people have other sources of leads and obviously
may hire from those other sources.
17. All leads are generated on the internet and are
highly targeted to people only searching for exactly
what you have asked to get for you. Usually these leads
come from intensely interested people. If for some
reason you do get a lead that is not what you have asked
us to generate reasonable proof for this will be
accepted. You will find us reasonable to deal with on
this account as we ONLY WANT SATISFIED CUSTOMERS. If we
are not able to satisfy you with the quality leads you
want we may be forced to cut ties with you and find
someone else whose expectations we can
meet. The price of the leads includes the fact that not
all will be able to be contacted by you (Some hire
someone else immediately. At times not contacting a lead
may be due to missed calls or a lack of follow up things
over which we have no control.) therefore there is no
reason to ever request a charge back on your credit card
or request a refund for a check that has cleared other
than if the information entered into the contact form
was not a real a person. Reasonable proof for false
information entered into a form will always be accepted
(we reserve the right to verify this) as we only want to
get paid for valid leads and we are concerned with
maintaining a good relationship with you and having only
satisfied customers.
18. a.
You accept in the interests of increasing the numbers of
leads we can generate for you we will most likely offer
a free report in exchange for an email address. You will
find that these reports offer valuable information to
your perspective clients and will build trust between
you and them and help you to increase your closing ratio
and do business with them. Much as a free trial with any
service does.
b. Trials are always limited with seasonal
businesses and expensive markets (The company determines
what it deems to be expensive) and maybe in any market
for any reason we see fit.
19. The right and title to the domain name and company
name we choose to use to generate leads is our property
no matter how much your business comes to depend on our
services.
20. After any the trial period ends we will need your
correct name, address and credit card number so we can
bill you. We will not do business with anyone who will
not truthfully provide this information for us.
21. Your acceptance of our free trail and hiring us to
do business with you constitutes permission for us to
create and put into to service as many web sites as we
deem necessary to generate the maximum number of leads
for you in the area you request. These web sites are and
forever will remain our exclusive property as long as we
so choose no matter how much the success of your
business depends on them. You agree to be bound by all
the terms and conditions on such site that apply to you.
Any costs that we incur due to any and all violations of
the terms and conditions will be paid by you along with
any legal and court fees necessary to collect them. No
lead fee will be charged for a customer that uses the
website to contact you to simply get in touch with you
for a job that came from a lead you already paid for. If
a customer requests a different service a separate lead
fee will be charged.
22. Your acceptance of our free trial and hiring us to
do business with you also constitutes permission for us
to use a call tracking phone number that will be
forwarded to any phone you choose. You must provide a
phone number for us to forward calls to or we cannot do
business with you. You grant us permission to tape any
and all calls that are received on the tracking number.
This how we track leads that come by phone and allows
you to know how your staff is handling those calls. We
recommend you inform your staff they are being taped.
The tracking number is and forever will remain our
exclusive property as long as we so choose no matter how
much the success of your business depends on it. You
should not and do not have permission to give it out to
your customers. If you do you will be charged the price
of a lead for anyone you give it to. If we incur other
charges because you give that number to others you will
be obligated to pay those charges and any legal and
court fees that we incur in collecting them form you. If
customers use the number on that site to continually
contact you any telephone charges we incur may be
charged to you. No lead fee will be charged for a
customer that use tat number to simply get in touch with
you for a job that cam from a lead you already paid for.
If a customer requests a different service another lead
fee will b charged.
23. You may not use the information provided by The
Company to send SPAM. You agree to familiarize yourself
with all SPAM laws and abide by them. If the information
we provide you is used for the purposes of SPAM we
reserve the right to cut ties with you at any time
without notice. You agree to provide an unsubscribe
link, or other legal way for any perspective customers
or actual customers you obtain in any way through the
use of our services. YOU MUST INFORM THE COMPANY OF ANY
ALL PARTIES THAT UNSUBSCRIBE. IF YOU FAIL TO PROVIDE US
THIS INFORMATION IN THE CASE WE NEED TO CONTACT THEM AND
ALL LEGAL FEES THAT RESULT FROM ANY ACTION THAT TAKE
WILL BE PAID BY YOU.
24. Under this Agreement, The Company agrees to provide
to you, and you agree to purchase from The Company, the
product or service described in your Order Form. You
also agree to pay the purchase price, if applicable,
shown on The Company website for the product or service
that you have ordered. If you have purchased a product
or service for which there is an on going subscription
or other fee, you agree to pay that fee for so long as
you continue to use The Company product or service. You
may cancel The Company product or service at any time by
sending an email to The Company at
leads@payonlyperlead.com, after which you will not
be charged any further fees for ongoing use of The
Company product or service. Your obligation to purchase
and pay for also applies to any of The Company's product
and services that are offered to you as a “trial offer”
unless and until you cancel your use of those products
or services. If you have agreed to a long-term
subscription of a product or service the cancellation
option does not apply.
25. Any of The Company's publications and any
newsletters and other materials that you may receive
from The Company as part of The Company Service
(collectively, “The Company Materials”) are the
exclusive property of The Company and are protected by
copyright and other applicable laws. The Company
Materials are for your own personal use, and you cannot
copy any portion of The Company Materials without the
written permission of The Company or distribute
additional copies of The Company Materials to others.
26. The Company may offer you various discounts, savings
and other benefits on other products or services of The
Company or its affiliates in connection with your
purchase of The Company Publications or The Company
Services. The Company does not guarantee the
availability of particular discounts, savings or other
benefits other than listed on The Company web site or
otherwise in writing on specific products or services,
and any discounts, savings or benefits are subject to
change, time limits and conditions as may be determined
by The Company in its discretion from time to time. No
additional fees will be charged without notice.
26. The Company's products or services and The Company
Materials (collectively, “The Company Products”) are
provided for informational purposes only, and what you
derive from your use of The Company Products depends
upon your commitment to and effort in applying any
information provided to your business and your diligence
in following up on the leads provided as well as how you
deal with potential customers and customers, quality of
service rendered and other factors. The Company does not
represent, warrant or guarantee that you will achieve
any particular results in your business as a result of
your purchase and use of The Company products or
services. You acknowledge that the success of your
business depends on the quality of your business
concept, your skills and effort in connection with your
business and external factors such as the general
economy.
27. The Company may offer a time-limited, money-back
guarantee or trial offer on some of The Company's
products and/or services. If there is a guarantee or
trial period applicable to The Company products or
service that you have purchased, that guarantee is as
set out on this web site page that are you reading now.
With our lead generation service the trial period, if
applicable, starts when you receive your first lead. If
during the time-limited period of your Guarantee period
you are not satisfied with The Company product or
service you purchased, The Company will refund the
purchase price to you (If applicable). This is your sole
and exclusive remedy against The Company and The
Company’s sole and exclusive liability and obligation to
you in connection with your purchase of any The Company
products services or anything arising out of or relating
to that purchase or this Agreement.
28.The exclusion or limitation of certain liabilities is
prohibited by law in some jurisdictions. Such
limitations may apply to you.
29. You represent that you are of legal age to enter
into binding contracts under the laws of the
jurisdiction where you reside.
30. This Agreement and all related matters will be
governed by and interpreted in accordance with the laws
of the State of
Massachusetts
and the federal laws of the
United States
applicable therein without regard to conflict of laws
rules. All disputes relating to this Agreement shall be
resolved before the Courts of the State of
Massachusetts,
and you hereby irrevocably submit to the jurisdiction of
the courts of the State of
Massachusetts
and waive any objection that you may now or hereafter
have based on inconvenient forum for such
proceedings. If any provision of this Agreement is
deemed to be invalid, void, unlawful or unenforceable
for any reason, that provision will be modified in order
to make it enforceable, while maintaining the spirit of
the provision, If modification is not possible such
provision will be deemed to be severed from this
Agreement and the remaining provisions will continue in
full force and effect without being impaired or
invalidated in any way. This Agreement will ensure to
the benefit of and be binding upon the parties and their
respective heirs, executors, administrators, personal
representatives, successors and assigns. This Agreement
sets forth the entire agreement and understanding of you
and The Company with respect to the subject matter of
this Agreement and supersedes any and all previous
communications, representations, negotiations,
discussions, agreements or understanding, whether oral
or written, between you and The Company with respect to
the subject matter of this Agreement. All amounts are
stated in U.S. dollars. Purchase prices are exclusive of
shipping and handling charges and any applicable taxes,
customs or duties.
31. Notwithstanding any other provision of this
Agreement, and to the maximum extent permitted by
applicable law: (a) The Company’s liability (if any)
under this Agreement or otherwise is limited to the
purchase price paid by you for The Company Products, and
in no event will The Company be liable to you or any
other person for any indirect, incidental,
consequential, special, punitive or exemplary loss or
damage, arising from, connected with, or relating to
this Agreement, the subject matter of this Agreement,
any The Company Product or otherwise, under any theory
of liability (whether in contract, tort, strict
liability or any other theory or law or equity),
regardless of any negligence or other fault or
wrongdoing (including fundamental breach or gross
negligence) by The Company or any person for whom The
Company is responsible, and even if The Company has been
advised of the possibility of such potential loss or
damage being incurred; and (b) in no event will The
Company’s total aggregate liability to You or any other
person under this Agreement or otherwise, under any
contract, negligence, strict liability or other legal or
equitable theory, regardless of any negligence or other
fault or wrongdoing (including fundamental breach or
gross negligence) by The Company or any person for whom
The Company is responsible, and even if The Company has
been advised of the possibility of such potential loss
or damage being incurred, exceed the purchase price paid
by You to The Company for the Materials. In this
paragraph, “The Company”, "The Company's", "We" or any
other way that the company is referred to includes The
Company and its past, present and future directors,
officers, employees, agents, representatives,
subcontractors, service providers, successors, permitted
assigns, and related persons.
32. This Agreement and all related matters will be
governed by and interpreted in accordance with the laws
of the State of
Massachusetts
and the federal laws of the
United States
applicable therein without regard to conflict of laws
rules. All disputes relating to this Agreement shall be
resolved before the Courts of the State of
Massachusetts,
and you hereby irrevocably submit to the jurisdiction of
the courts of the State of
Massachusetts
and waive any objection that you may now or hereafter
have based on inconvenient forum for such
proceedings. The United Nations Convention on the
International Sale of Goods will not apply to this
Agreement. If any provision of these Terms and
Conditions shall be deemed unlawful, void or
unenforceable, for any reason, by any court of competent
jurisdiction that provision shall be modified in order
to make it enforceable, while maintaining the spirit of
the provision. Alternatively, if modification is not
possible, such provision shall be stricken and shall not
affect the validity and enforceability of the remaining
terms. The failure of The Company to exercise or enforce
any right or provision of the Terms and Conditions shall
not constitute a waiver of such right or provision.
Pay
Per Lead