Terms & Conditions

These terms govern the provision of lead generation and client acquisition services by LeadExperts ("we", "us", "our") to the person or entity engaging those services ("you", "the Client"). By instructing us, you accept these terms.

1. Definitions

• Campaign means the advertising and lead generation activity we plan, build, fund and operate on your behalf.
• Qualified Result means an outcome that meets the criteria recorded in the Service Agreement, and nothing else.
• Rate means the amount payable by you for each Qualified Result, as recorded in the Service Agreement.
• Service Agreement means the written record, agreed by both parties before launch, setting out the definition of a Qualified Result, the Rate, the billing period and any campaign-specific terms.

2. Our services

We plan, build, fund and manage Campaigns intended to deliver Qualified Results to you. We determine the channels, creative approach and media allocation, acting reasonably and in good faith to achieve the agreed outcome.

3. Costs we carry

Unless the Service Agreement expressly states otherwise, we carry the cost of campaign strategy and planning, media and advertising spend, creative and copy production, landing pages and hosting, and tracking, reporting and optimisation. These costs remain ours whether or not the Campaign produces Qualified Results.

4. Fees and what is billable

You are liable only for the Rate multiplied by the number of Qualified Results delivered in the billing period. No setup fee, retainer, management fee or recovery of media spend is payable unless expressly agreed in writing in the Service Agreement.

A result is billable only where it meets the criteria recorded in the Service Agreement. All fees are exclusive of any applicable taxes, such as VAT or sales tax, which are added where required.

5. Disputed results

If you believe a delivered result does not meet the agreed criteria, you must notify us within 5 business days of delivery, giving reasons. We will review it against the Service Agreement and, where the objection is sound, the result will not be billed. Results not disputed within that period are treated as accepted.

6. Invoicing and payment

We invoice monthly in arrears for Qualified Results delivered in the preceding period. Payment is due within 7 days of the invoice date. Late amounts may attract interest at 2% per month and we may suspend delivery while an invoice remains unpaid beyond 14 days.

7. Your obligations

• Respond to delivered results within the response time recorded in the Service Agreement.
• Maintain the capacity to service the volume of results agreed.
• Provide accurate information about your business, your offering and any claims you wish to make.
• Provide reasonable access to any accounts, systems or tracking required to operate and measure the Campaign.
• Hold and maintain any licence, registration or authorisation your business requires by law.

8. Approvals and claims

You approve creative and messaging before it goes live. You remain responsible for the accuracy and lawfulness of any statement made about your own business, products, pricing or qualifications, and you indemnify us against any claim arising from information you supplied or approved.

9. Attribution and circumvention

You agree not to take any step designed to prevent a result generated by the Campaign from being recorded, attributed or billed, including diverting enquiries away from the agreed tracking, or contracting with a delivered prospect outside the arrangement in order to avoid the Rate. Where a result is shown to have been generated by the Campaign, it remains billable.

10. Intellectual property

We retain ownership of campaign assets, advertising accounts, creative, landing pages and systems we create and fund, unless the Service Agreement transfers them expressly and in writing. You retain ownership of your trade marks, brand assets and any material you supply, and you grant us a licence to use them for the purpose of operating the Campaign.

11. Confidentiality

Each party will keep the other's non-public commercial information confidential, and will use it only for the purpose of performing under these terms. This clause survives termination.

12. Data protection

Both parties will comply with the data protection laws that apply to them, including the Protection of Personal Information Act, 2013 ("POPIA") and, where relevant, laws such as the GDPR. Where we generate enquiry data and pass it to you, we handle that data on your behalf (as an operator or processor), and you are responsible for it once it is delivered (as the responsible party or controller). You are responsible for the lawful handling of delivered personal information, including any direct marketing you carry out. Our handling of personal information is described in our Privacy Policy.

13. No guarantee of volume

We do not warrant any particular number of Qualified Results, or any result within any particular period. The corresponding protection for you is that where there are no Qualified Results, there is no fee, and the cost of the Campaign remains ours.

14. Limitation of liability

Neither party is liable for indirect, incidental or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings. Our total liability arising from or connected to these terms is limited to the total fees paid by you in the 12 months preceding the event giving rise to the claim. Nothing in this clause limits liability that cannot be limited by law.

15. Term and termination

Either party may terminate on 30 days written notice. Qualified Results delivered before termination remain payable. Results arising from Campaign activity already live at the date of termination remain billable for 30 days after termination. Either party may terminate immediately on a material breach that is not remedied within 14 days of written notice.

16. Variation

Changes to these terms, to the definition of a Qualified Result, or to the Rate are effective only when recorded in writing and agreed by both parties.

17. Governing law

These terms are governed by the laws of the Republic of South Africa, and both parties consent to the non-exclusive jurisdiction of the South African courts.

18. Contact

Questions about these terms may be sent to hello@leadexperts.co.za.