These terms and conditions ("Agreement") apply to all use of services provided by Alexander James Enterprises Ltd (which trades as “Leads for Trades” and in this Agreement is referred to as “Leads for Trades” or “We”) by trade clients (“Clients”) and End-users as defined below.
1. SERVICES
Such services provided by Leads for Trades to Clients will typically include some or all of the following:(a) Management of Facebook, Instagram and Google Ad Advertising Campaigns; (b) website hosting; (c) Email accounts; and/or (d) the licensing of photographic images and designs.
Prior to engagement the Client and Leads for Trades will agree the services to be provided and the monthly advertising spend for Google Ads, Facebook and Instagram. Leads for Trades will invoice weekly to cover this cost.
2. SERVICE LOCATION
The Service to be provided under this Agreement shall be performed at the Leads for Trades place of business.
3. LATE PAYMENT FOR SERVICES BY CLIENTS, PAUSING OF SERVICES, GUARANTEED LEADS
(a) Late Payment: Without prejudice to its statutory right to charge interest for late payment Leads for Trades has the right to pause and remove all campaigns until the invoice is paid.
(b) Pause: Campaigns can be paused for a maximum of 14 days by the Client. For periods longer than 14 days the Client will have to give notice and end the contract. The Client will owe any outstanding invoices before the pause date. The contract can then be started again at a suitable time.
(c) Guaranteed Leads: when Leads for Trades on any advertising or promotional literature refers to a guaranteed number of leads it is referring only to its good faith estimate of the likely level of leads, taken as an average, on the assumption that the minimum advertising spend recommendation and all other more specific recommendations are adhered to, based on other similar businesses’ Sites’ level of success in the past. Past performance is no guarantee of future performance and the success of any business over any period of time is a function of the level of service provided and the quality of its management.
4. SCOPE AND DEFINITIONS
The terms of use set out below (hereafter simply referred to as 'terms') apply not only to the Client services described above but use of the facility to post requests for services and other information (hereafter all simply referred to as ‘services’) on Leads for Trades websites (hereafter simply referred to as the ‘Site'). By using services Clients and End-users accept that they must abide by these terms. The words 'we', 'us' and 'our' refer to Leads for Trades. The term ‘Client’ refers either to the business or individual instructing Leads for Trades to carry out a service. ‘End-user’ means the member of the public who visits the Site. The terms are applicable to all users of the Site and services. If you do not wish to accept these terms you should not visit or use the Site or services and agree not to do so.
5. CONTRIBUTIONS FROM END-USERS
All material, information, and any other form of communication (hereafter all referred to under the term 'contributions') that are received from users will be treated as non-confidential, non-exclusive and will not entitle the contributor to any form of compensation or payment.
End-users may not write or otherwise produce contributions on the Site that have:
a) Sexist or racist characteristics or content, or is condescending or offensive to certain people or groups;
b) Copyrighted material use of which will breach the rights of any third party
c) Unlawful purpose or content; or
d) Libellous content or content known to be false.
6. INFORMATION
In the course of use of the Site, End-users may be asked to provide certain personal information to us (‘Information’) when filling in a services request. Each End-user promises that the Information provided is true, accurate and complete.
Our information collection and use policies with respect to the privacy of such Information are set out below. Any Information disclosed may be used by us, our Client’s agents and affiliates in relation to the provision of services described on the Site, and including marketing activities in relation to the Site.
7. EXCLUSIVITY AND CONFLICTS OF INTEREST
Leads for Trades’ business model is that it will pass all leads generated by a Client’s site created and curated by us to its Client for whom the site has been created and is operated.
Leads for Trades is not able to offer clients exclusivity in any other sense whether as an exclusive Client within a geographically defined area or as an exclusive Client providing a particular type of service to End-users or exclusivity using any combination of these. It is in the nature of internet-based businesses and internet-based advertising that advertisements and websites will be viewable by people to whom they are not targeted.
Social media and other platform algorithms are likely to send or flag details of directly competing service providers to sales leads. There is therefore a risk that leads will have placed business elsewhere particularly where leads are not followed up quickly.
Because Leads for Trades offers its services only on a non-exclusive basis it shall not be deemed to have a conflict of interest if it offers its services to a competitor of the Client.
8. PROPRIETARY RIGHTS
You acknowledge that Leads for Trades and/or its licensors own all:
- the content of the Sites;
- the look and feel, design and the organisation of the Site;
- the compilation and content of the materials on the Site including photographs, images and videos; and
- the intellectual property rights (if any) subsisting in the Site including photographs and videos.
Use of the Site and Leads for Trades’ services does not grant to any Client or End-users any ownership or analogous interest in any content, code, data or materials they may access on or through the Site or any intellectual property rights subsisting in any of those things. Use of the Site and of every other service provided by Leads for Trades is a licence only and not an ownership interest, limited to the duration of the contract between us and to be used only for the intended purpose of the Site. The Site's content cannot be downloaded, screenshotted, copied and/or displayed anywhere including anywhere else on the internet.
9. TRADE MARKS
The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Sites are, unless otherwise stated, the registered and/or unregistered Trade Marks of Leads for Trades. A Trade Mark may not be used without the approval of its owner. Nothing contained on the Sites should be construed as granting, by implication, or otherwise, any licence or right to use any Trade Mark displayed on the Site without the written permission of its owner Leads for Trades.
10. INDEMNITY
Clients shall indemnify Leads for Trades against any loss or damage suffered or incurred by Leads for Trades as a result of any third party claim (including any claim or allegation by any governmental authority) that:
(a) the use of any content provided by that Client infringes the intellectual property rights of a third party and/or violates applicable law;
(b) Leads for Trades’ use of Client data in accordance with this Agreement is in breach of the Data Protection Regulations or any other applicable laws related to data privacy; or
(c) any email message sent or caused to be sent by Leads for Trades to or on behalf the Client violates any applicable law, rule or regulation; or
(d) arises from the introduction of the Client to end-users who may have a claim or grievance in connection with the services provided by the Client to the end-user.
11. LIMITATION OF LIABILITY
No party excludes any liability for loss in respect of personal injury or death, fraud or any other loss or liability that may not be lawfully excluded or limited under English law.
No party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect or consequential loss.
The liability of Leads for Trades to any Client shall not exceed the contract sum received from that Client in the previous three months. Leads for Trades takes no responsibility for and will have no liability in respect of the functionality or operation of any website hosted on a service that Leads for Trades does not manage. All websites built or moved to Leads for Trades are to be hosted for a minimum term of 24 months.
12. SAFEGUARDING YOUR INFORMATION
To protect your information, our credit card processing vendor uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions. Our payment services provider is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCard (SDP), and Paypal.
13. PERSONAL INFORMATION
In connection with the use of the services, we collect user data when users register with Leads for Trades. This data is stored on servers worldwide.
Our processing of personal data is carried out according to the law relating to personal data.
Registered users can request information about what data is held or processed about them or if they wish to have the information deleted or rectified. We have initiated a number of technical and organisational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or fall into the hands of unauthorised parties.
Each Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implementing or made pursuant to them ("Data Protection Requirements").
When enabling the leads collection services the Client is - in accordance with the Data Protection Requirements - regarded as a Data Controller of the Consumers' personal data. Leads for Trades is regarded as the data processor. This entails that Leads for Trades shall only act on instructions from the relevant Client in regard to the provided personal data about the end-users. It is the sole responsibility of each Client to provide such instructions to Leads for Trades. Leads for Trades shall take the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorised person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On the Client's request, Leads for Trades will, in line with and to the extent provided for in the Data Protection Requirements, supply the Client with sufficient information for Client to assure that the above-mentioned technical and organisational security measures have been made. All data collected and processed about end-users after they make an enquiry on Leads for Trades Site are processed by Leads for Trades.
14. NO ENDORSEMENT OR RECOMMENDATION
Leads for Trades is not responsible for and assumes no liability for Clients’ or end-users' conduct on or use of the Leads for Trades service, including the information provided or inputted by the Clients or end-users ("User Content"). Leads for Trades does not and cannot control or monitor the User Content and makes no representation expressed or implied about either the bona fides of the Client or the End-user who makes an enquiry or the quality and currency of the lead since the End-users need for services may have been satisfied or may have changed since the lead and enquiry was generated.
Neither the Agreement nor any referral of an enquiry to a Client shall be regarded as Leads for Trades' approval, endorsement or recommendation of a Client, or the Client's products or services. No Client may market itself or in any way give public declarations which conflict with the above.
Each Client's use of the Leads for Trades service and its delivery of services must at all times comply with all applicable laws, rules and regulations and it undertakes to Leads for Trades that all works will be completed in a professional manner to a good industry standard in a timely fashion and at a fair market price.
15. USER GENERATED CONTENT
The rights (including all intellectual property rights) in any material, information, including photos or videos or other types of user generated content (UGC) created by Clients is irrevocably licensed to Leads for Trades for its non-exclusive use. Content created by Leads for Trades for a Client is licensed to that Client for the duration of and for the purpose only of the contract.
The user is not entitled to royalty payments or any other compensation or fee related to such UGC content. We may freely use and transfer the material, information, notifications, reviews, photos or other types of communication to other Clients of Leads for Trades or use them for marketing or other purposes. Our non-exclusive licence to access to freely use the user generated content (UGC) created applies irrevocably without any time limitation and without territorial limitations.
16. DISCLAIMER
Leads for Trades accepts no responsibility for the accuracy or completeness of information published by Clients on the Site or any service provided by them.
Leads for Trades accepts no responsibility for the performance, probity or quality of service or product provided by Clients who follow up a sales lead.
Leads for Trades can in no circumstance be liable as a result of any failure or outage in operation of, or be liable to compensate Clients for any outage breakdown or downtime in availability and use of the Site or its code, including loss of revenue, market interruptions, loss of goodwill or similar losses.
Leads for Trades reserves the right to revise these terms at any time, as well as the right to close the Site in its complete discretion and without warning.
17. LEADS FOR TRADES AND WORDPRESS LICENSING
WordPress is distributed under the terms of the GNU General Public License “ GPLv3”) which is an open source licence under the terms of which anyone is free to modify and redistribute its source code provided they comply with certain conditions. Leads for Trades produces a modified source code version of WordPress and therefore needs to comply with section 5 of the GPL. It provides that:
- The work must carry prominent notices stating that it is modified and giving a relevant date:
- The work must contain prominent notices stating that it is released under this license [the GPL] and any conditions added under section 7. Additional Terms are these Terms and Conditions.
- You must license the entire work, as a whole, under this License [the GPL] to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
- If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.
NOTICE:TO WHOM IT MAY CONCERN: THE ENTIRE WORK BY LEADS FOR TRADES IS RELEASED AS A WHOLE TO ANYONE WHO COMES INTO POSSESSION OF A COPY UNDER THE GPL AND THE ADDITIONAL CONDITIONS ARE AS SET OUT IN THESE TERMS AND CONDITIONS
FURTHER NOTICE: TO WHOM IT MAY CONCERN: LEADS FOR TRADES’ WEBSITE IS A MODIFIED VERSION OF WORDPRESS SOURCE CODE:THE DATE OF LAST MODIFICATION BY LEADS FOR TRADES IS THE DATE IT IS PROVIDED TO THE CLIENT
18. PROHIBITED CONDUCT BY CLIENTS AND/OR END-USERS
End-Users warrant that while using the Site and the various services and features offered on or through the Site, they will not:
- use a false email address or impersonate any person or entity or misrepresent affiliation with any other person or entity;
- insert their or any third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
- attempt to gain unauthorised access to other computer systems through the Site.
End-Users and Clients must not:
- engage in “spidering”, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sites or the services offered on or through the Sites, including without limitation any information residing on any server or database connected to the Sites or the services offered on or through the Sites;
- obtain or attempt to obtain unauthorised access to computer systems, materials or information through the Site by any means;
- use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or flooding servers with requests;
- use the Site, content or services offered on the Sites for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
- use the Site to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Site;
- use any mechanism, device software or script to affect the proper functioning of the Sites including taking any action which may infect the Site with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
- take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Sites or networks connected to the Sites;
- use the Site or the Site’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or
- use the Site or the Site’s services in violation of any applicable law.
End-Users and Clients further agree that they will not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content of the Site or any of its domains, or make any unauthorised use of the Site or the Site’s services or any content of the Site or any of the domains of the Sites.
They agree that they will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or any of its services.
End-Users and Clients further agree that they will not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
Other than as expressly allowed in these Terms or the licence of any Product you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Sites.
19. LINKING TO THE SITE
Clients and End-users agree that if they include a link from any other web site to the Site, such link must link to the full version of an HTML formatted page of the Site.
Clients and End-users are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
Clients and End-users agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another site.
Clients and End-users agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed”, surrounded or obfuscated by any third party content, materials or branding.
We reserve the right to insist that any link to any of the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
20. THIRD PARTY SITES
Clients and End-users may be able to link from the Site to third party web sites and third party web sites may link to the Site (Linked Sites).
Clients and End-users acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.
The inclusion of a link to a Linked Site on the Site does not constitute or indicate any relationship between Leads for Trades and the operator of that Linked Site or any endorsement or sponsorship by us of that Linked Site. Leads for Trades is not responsible for any form of transmission received from any Linked Site.
21. PUBLIC FORUMS
Leads for Trades may, from time to time in connection with provision of services, use messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site.
22. MARKETING & PROMOTIONAL
Clients agree that we may identify Clients and Site details in further promotional materials and for marketing purposes. Clients agree that we may use financial performance data for marketing purposes.