These terms and conditions of use (“Terms”) constitute a legal contract between you and Informatics USA INC (“LeadsMill” OR "Informatics" OR "Lead Supplier") and govern your use of this service.
YOU MAY NOT USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS. PLEASE REVIEW THEM CAREFULLY.
Acceptance of Terms
Engaging in any of the following actions will constitute your acknowledgement that you have read and understand these Terms and that you agree to be bound by them:
- Clicking an “Accept” or similar button or checking a box captioned with acceptance language;
- using or accessing the Site or the Services; or
- signing up for an account on the Site.
If you are using the Site on behalf of a company or other legal entity, the term “you” shall refer to such entity, and the individual accepting these Terms on behalf of such entity represents that he or she has authority to bind the entity to these Terms.
GENERAL PROVISIONS
A lead is defined as follows:
- A phone lead that has been forwarded after verified by our call center to the Lead Buyer. All phone leads are also tracked and recorded for quality and accounting purposes.
- A textual lead that has been verified by our call center and that has been sent to the Lead Buyer by text message.
- A textual lead that has been verified by our call center and that has been sent to the Lead Buyer by email.
- Unanswered calls delivered to contractors shall be considered as valid leads
The Lead Supplier assumes all costs of advertising, domains, web hosting and labor involved in collecting the leads. The Lead Buyer is purchasing qualified phone leads.
All leads are generated directly by the Lead Supplier and sold exclusively to Lead Buyer. Leads will not be resold to any other entities for the bespoke territory as long as there is a positive Lead Fee Balance as defined below.
Lead Buyer understands and agrees that all leads received will be considered legitimate and will be charged as such. However, the Lead Buyer may dispute bogus leads and both Lead Buyer and Lead Supplier will review recorded phone records. Credit for disputed leads will only be given under the following conditions or circumstances:
All unanswered calls are considered as valid leads. It is Leads buyer responsibility to answer incoming calls delivered by our system.
- Lead is out of Lead buyer coverage area
- Lead is received from competitor, sales, marketing or some other entity not looking for specific services assigned by Lead Buyer.
- Lead is received that is outside the scope of agreed upon lead types. ( i.e. Leads not associated with contractor's applied services)
- Duplicate Leads / Repeat callers.
- Lead Buyer understands that Lead Supplier is only providing leads, not sold customers. It is the responsibility of the Lead Buyer to make the sale and capture the appointment.
LEADS FEES
The Lead Buyer will pay Informatics USA a flat rate for each lead for Lead buyer's Home Services Related Leads.
PAYMENTS
Essentially, this is a Pre-Paid Lead Generation program. Once a new lead is received, the Lead Fees are deducted from pre-paid Lead Buyer's Paypal, Bank or Credit Card account. If at any point the Lead Fee Budget should be exhausted to $0.00, all incoming leads will be put on hold until Lead Buyer authorizes more funds.
Once the lead budget drops below $50, Lead Buyer payment method will be automatically recharged to ensure leads are provided without interruption. In the event the lead budget is not recharged, this will ultimately result in the loss of leads and the campaign will be provided to another Lead Buyer.
Automated Renewal
Unless you notify "Informatics USA INC" before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to "Informatics USA INC" in writing by email to elad@leadsmill.com.
Refund and Cancellation policy
If you are a Contractor and you believe that a Homeowner lead sent to you is fraudulent, you must send us a notice in writing within five (5) days after receipt of the lead detailing your reason and evidence for such belief. We will conduct our own investigation of the matter and if we determine to our satisfaction that your claim is valid, we will send you a replacement lead free of charge. Under no circumstances will we issue a cash refund or credit based on a complaint regarding a lead, and except as expressly set forth in these Terms, all Referral Fees paid to Informatics hereunder are non-refundable and non-cancelable. You acknowledge and agree that payment of a Referral Fee does not guaranty that a lead will generate business or revenue for Contractor.
Under no circumstances will we issue a cash refund or credit based on a complaint regarding a lead, and except as expressly set forth in these Terms, all Referral Fees paid to Informatics hereunder are non-refundable and non-cancelable. You acknowledge and agree that payment of a Referral Fee does not guaranty that a lead will generate business or revenue for Contractor.
INDEPENDENT CONTRACTOR
This Agreement shall govern the relationship of the parties, which shall be that of an independent contractor. Nothing in this Agreement shall be construed so as to create an employer—employee relationship. Lead Supplier is an independent contractor in relation to Lead Buyer. No agency relationship, joint venture or partnership is created by this Agreement.
Lead Supplier shall have no authority, express or implied, to enter into contracts with third parties or make representations on behalf of Lead Buyer without its express written consent. Lead Supplier understands he is an independent contractor and is therefore solely responsible for all self-employment taxes and any federal, state and local taxes or fees that may arise from the independent contractor relationship.
Limitations of Liability
BY CONNECTING WITH OTHER USERS OF THE SITE AND/OR SERVICES, YOU EXPRESSLY AGREE THAT YOU ASSUME THE COMPLETE RISK OF ENGAGING WITH A PARTY THAT INFORMATICS DOES NOT ENDORSE OR CONTROL. YOU AGREE THAT INFORMATICS WILL NOT BE LIABLE FOR ANY AGREEMENT BETWEEN A HOMEOWNER AND A CONTRACTOR, OR FOR ANY DAMAGE CAUSED BY ANY USER OF THE SITE OR SERVICES (WHETHER A HOMEOWNER, A CONTRACTOR, OR ANY OTHER PARTY).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, INFORMATICS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, IN TORT, OR OTHERWISE, INCLUDING FOR LOSS, CORRUPTION, OR INACCURACY OF DATA, LOST PROFITS, LOST BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT AND REGARDLESS WHETHER INFORMATICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INFORMATICS’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Changes to the Site or these Terms
The Site and any of its features or content are subject to change from time to time. These Terms may be amended upon thirty (30) days’ prior written notice to you. You will have the opportunity to review and accept any modified Terms. If you do not accept the modified Terms, we may terminate your access to the Site and/or Services.
TERM AND TERMINATION
This agreement is ongoing from the initial start date. The agreement can be ended at any time by either party, with a written (email) notice. Any remaining budget in the Lead Buyer account for pre-paid leads will be exhausted until the balance is $0.00.
Privacy Policy
Our privacy policy, which is posted on our Site, is expressly incorporated into these Terms by reference. It is available at http://www.leadsmill.com/privacy-policy.
CONFIDENTIALITY
Each party acknowledges and agrees that any information relating to the other party’s business which is not generally known to the public is confidential and proprietary information. Neither party will disclose the Confidential Information to third parties without prior written agreement. This business agreement, relationship, or operating practices shall not be made public on any Website, Internet forum, social networking site, message board, or any other public media without the express written consent of both parties.
General
These Terms constitute the final, complete, and exclusive agreement of the parties relating to the use of the Site and the Services, and supersedes and merges all prior discussions between the parties. The rights and remedies provided to Informatics in these Terms are cumulative and in addition to any other rights and remedies available to it at law or in equity. You may not assign or delegate your rights or duties under these Terms without an Informatics express prior written consent. Informatics may assign or delegate its rights or duties under these Terms in its sole discretion. Subject to the foregoing, these Terms shall inure to the benefit of each party’s permitted successors and assigns. In the event that any provision of these Terms shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that all other provisions shall otherwise remain in full force and effect and enforceable. The parties are independent contractors; nothing herein will be construed to create a partnership, joint venture, or agency relationship between the parties, and neither party by virtue of these Terms will have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other party. Headings herein are for convenience of reference only and shall not affect interpretation of these Terms.