§ 1 General provisions
- The website https://leadsuccess.co (hereinafter: Leadsuccess) is operated by the company Kickads GmbH, Schwedter Str. 268, 10119 Berlin, represented by its Managing Director (email: firstname.lastname@example.org). Leadsuccess offers a lead generation service with effective LinkedIn Marketing by means of which clients (called “Clients”) can win new B2B prospects (called “Leads”).
- These Terms and Conditions of Use apply to the exclusion of all other terms and conditions. They apply for all acts of legal significance concluded by clients of a product placement and users with Leadsuccess. Divergent, conflicting or supplemental conditions only become part of the contract if Leadsuccess has expressly agreed to their application.
- All communication between the Parties take place via digital channels such as email.
§ 2 Registration and use of the website
- When registering on the website the Client undertakes to provide the personal information about his/her person which is requested about the company e.g. name, complete address and email address truthfully.
- The Client also provides confidential information such as logins. Leadsuccess is responsible to ensure the security of the provided information and protect it from access and will never share or transfer it to any third party. Leadsuccess, however, may allow access to that data, within reason, to its employees, trusted contractors, and sub-contractors.
- The Client has sole responsibility for the security of his/her password. Disclosing the password to another person or transferring the account to a third party is prohibited.
- The Client undertakes not to transmit content containing viruses, trojans or other malware which could damage Leadsuccess’s system. In the case of an infringement of this provision the Client undertakes to compensate Leadsuccess for any loss or damage.
§ 3 Contract conclusion and services of Leadsuccess
- Leadsuccess service includes: Craft a message to send to the Clients prospects. Send connection requests to prospects. Create follow up campaigns to send out to the Customers connections.
- Leadsuccess will work with Client to create the perfect offer that will catch Client’s target market’s attention without hesitation.
- Leadsuccess will target Client’s perfect prospect on Linkedin and segment it into a list.
- Leadsuccess grows Client’s network and build a hyper-targeted database of Client’s ideal customer.
- Leadsuccess will craft a series of messages that are proven to convert and generate interested prospects on autopilot!
- Leadsuccess will integrate Client’s calendar so Client’s prospects can book automatically.
- Leadsuccess will manage Client’s Lead Generation campaign so that it is constantly optimized for the highest quality of leads.
- Leadsuccess will stay in touch to consistently find ways to bring in more business for the Client.
- Leadsuccess reserves the right to check the Client and to approve his/her use of the service. Approval on the part of Leadsuccess does not create any entitlement in law in respect of the Client to the corresponding activity by Leadsuccess as an intermediary.
- Leadsuccess will bring possible leads and offers to the registered Clients’ attention by means of what are called “qualified leads”.
- The leads brokered in this manner by Leadsuccess represent non-binding offers. Leads may choose if or if not they are willing to work with Clients.
- The Client is required to allow Leadsuccess a grace period of a maximum of 7 days before the services are to commence.
§ 4 The Client’s services
- The Client undertakes vis-a-vis Leadsuccess not to transmit any content which breaches public decency or applicable law. These include but are not limited to any breach of intellectual property rights such as trademark rights, copyright as well as competition and criminal law. The Client also undertakes not to transmit content and not to create corresponding posts containing content which is libellous, pornographic and racist or content which is discriminatory in any other way. If these obligations should be breached, Leadsuccess may block the Client’s access to the platform with immediate effect.
- The Client grants Leadsuccess all rights to the materials and information needed for acceptance on the platform and distributed to the Leads.
- The Client confirms that he is in possession of all rights to the material he uses and particularly that in using and presenting them neither copyrights, nor other performing rights, trademark rights or other rights such as the right to a person’s own image are infringed. On making an offer the Influencer receives in return the right to use and disseminate the product and any labelling rights accordingly in the context of the order.
§ 5 Warranty
- The provisions of law between the Client and Leadsuccess apply for the product placement/promotion.
§ 6 Remuneration
- The remuneration is based on a subscription model: A fee is charged for every month where Leadsuccess is providing its services on behalf of the Client (as in § 3). The subscription price varies depending on the Client’s booked package starting at 1000 EUR.
- The remuneration of Leadsuccess becomes due for payment on presentation of the invoice. An initial invoice is presented at the start of the contractual relationship between Leadsuccess and the Client.
- After that Leadsuccess invoices a monthly fee based on the chosen subscription model.
- The remuneration is understood to be a net price to which any Value Added Tax must be added if due.
- Leadsuccess may outsource the preparation and presentation of invoices to a third party company.
§ 7 Termination
- Should Client wish to end the subscription agreement please confirm in writing 48 hours before the end of your contract or cancel the subscription at Client’s account at leadsuccess.co. Written notice can be sent to: email@example.com
§ 8 Guarantee
- The Client is entitled to a refund of 1000 Euro as long as the following criteria are met
- The Client has not received at least the amount of leads during the duration of the campaign as outlined in the initial agreed number between the parties. For that purpose the number can be agreed upon through email between the parties.
- The Client must allow the campaigns to run for a complete 2 months before requesting a refund.
- The Client must provide documented proof including (screenshots of all phone records, text messages and emails) that you’ve called and followed up with each of the leads we’ve generated at least five times with no positive results or booked appointments to be eligible for a refund.
§ 9 Liability
- For the services Leadsuccess is using own and third party tools. The Client has no entitlement to the uninterrupted availability of the Leadsuccess used tools. Leadsuccess endeavours to make it’s services available by means of the latest technology but interruptions and restrictions may occur from time to time, particularly when maintenance or other service measures are being undertaken. In this respect the Client has no entitlement to compensation for drop-outs. This also applies in the event of force majeure.
- Leadsuccess is liable for intent, gross negligence and injury to persons. Liability for negligence is restricted to the infringement of material contractual obligations, what are called “cardinal obligations”. Liability is restricted to loss or damage typical under the contract and the occurrence of which Leadsuccess must anticipate on the conclusion of the contract because of the circumstances which are foreseeable at this point in time. Leadsuccess is also liable for loss or damage which can be anticipated by reason of mandatory provisions of law. The liability restrictions also apply to vicarious agents.
- Leadsuccess has no further liability. In particular, Leadsuccess is not liable for content inserted by the contractual parties.
- The Client will indemnify Leadsuccess against all third party claims which are asserted against Leadsuccess by reason of the content communicated by the Client.
§ 10 Confidentiality
- The Client undertakes to treat the information communicated in the context of the contractual relationship as confidential even after the conclusion of the contract and to maintain secrecy on such information. This understanding on confidentiality does not apply in so far as the information was already in the public domain or if it can subsequently be proven that it was made accessible to the other party by a third party without this obligation of confidentiality being breached.
§ 11 Data protection
- As part of the registration and processing of contracts Leadsuccess collects the Client’s data. In doing so, Leadsuccess complies in particular with the requirements of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and European GDPR regulations. Further information on data collection, processing and dissemination can be found in our Data Protection Guidelines.
§ 12 Initial provisions
- The law of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods applies to contracts between Leadsuccess and the Client. The language of the contract is German.
- The place of jurisdiction for all disputes arising from contractual relationships between Leadsuccess and the Client is Berlin in so far as the Client is an entrepreneur
- If individual provisions of this agreement should be invalid in whole or in part, the validity of the remaining Terms and Conditions of Use in all other respects is not affected. To the extent that they exist, the corresponding provisions of law take the place of the invalid points.
Berlin, March 2020