Terms and Conditions
1. Payment
a. Is required to be paid upfront for an appointment setting lead generation campaign to start for a first order. This is a one-off order.
b. Required prior to starting a social media lead generation campaign.
c. Required prior to placing a social media advert.
2. Provisions of Services
a. Provisions of services shall commence when full payment has been received and scripts, advertising and promotions have been agreed to with the client.
b. Christer Marketing Group will use its best endeavours to provide the services with reasonable skill and care.
c. Christer Marketing Group will inform the client if the campaign cannot complete on best efforts and will return any balance to the client.
d. Christer Marketing Group will ensure the leads meet the agreed criteria before the lead is provided to our client. We cannot guarantee any business development or accuracy of information the prospect will have with our client following the prospect meeting the agreed criteria when the lead has been generated.
e. During the Term, we shall supply the Services to you by providing the Christer Marketing Group Data in accordance with your instructions provided under the Order Form.
f. We shall not act on any specific instructions given by you from time to time during the Term unless they are:
i. in writing; and
ii. given by an Authorised Person.
g. We shall provide the Christer Marketing Group Data for the Business Purpose only and in compliance with your instructions from time to time as set out in the Order Form.
h. You acknowledge that we are under no duty to investigate the completeness, accuracy, or sufficiency of your instructions.
i. In the event that any delivery date shall be agreed between us in the Order Form, you acknowledge that such date shall be indicative only and that we shall not be liable for any loss or damage suffered by you as a result of late delivery of the Christer Marketing Group Data.
j. We reserve the right to alter the wording of your proposed Product Questions and to refuse to include in a Lead Generation any questions which in our reasonable opinion or that of our legal advisors are or may be illegal or offensive.
k. We reserve the right at any time prior to or following the date of execution of a Lead Generation to cancel this agreement and/or a Lead Generation without incurring any liability other than liability which may not by applicable law be excluded or limited, in which event no part of the Charges shall be payable by you.
l. Cancellation: For first orders, a 30-day notice is needed. Refunds will then be made on our next billing run.
m. On a first campaign there is a minimum timeframe of 30 days before a cancellation notice period can be invoked.
n. There is no guarantee that leads will be generated from a social media leads campaign.
o. You allow Christer Marketing Group Limited to use reviews, communication, and company naming for any Christer Marketing Group promotional activity.
3. Replacements
a. We will replace any appointment lead that does not meet criteria agreed with the client after reviewing the phone calls the prospect had with Christer Marketing Group. We do not replace leads or appointments based on the phone call the prospect had with our client.
b. Appointments – we will replace any cancelled or rearranged appointments or if the prospect falls out of criteria in relation to point 3a of our terms and conditions.
i. We do not replace appointments that you set yourself on social media lead orders.
f. For appointments, if your representative does not show for the appointment once confirmed by Christer Marketing Group, then that constitutes a paid appointment.
g. For social media advertising leads, we do not replace incorrect names, telephone numbers and/or addresses.
4. Sourcing of Data
a. Christer Marketing Group generates details from our own internal data collection with the use of landing pages and social media.
i. We keep details of consent when we receive our internal data collection.
b. Christer Marketing Group will occasionally use 3rd parties for lead generation for certain campaigns. We only work with ICO registered firms who can provide ourselves with consent from their data collection.
c. Christer Marketing Group holds no responsibility for 3rd party data generation and consent.
5. Exclusivity
You have complete exclusivity on leads and appointments.
6. Limitation of Liability
a. To the maximum extent permitted by law, Christer Marketing Group accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of our services.
b. Nothing in these Terms and Conditions excludes or restricts Christer Marketing Group's liability for death or personal injury resulting from any negligence or fraud on the part of Christer Marketing Group.
c. Nothing in these Terms and Conditions excludes or restricts Christer Marketing Group's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on.
7. Unauthorised Use
If any unauthorised use is made of Christer Marketing Group Data or Materials and such use is attributable to the act or default of yours or a third party that has acquired the Christer Marketing Group Data or Materials from you then, without prejudice to our other rights and remedies, you shall immediately be liable to pay us an amount equal to the Charges that we would have charged (in accordance with our published rate card), together with interest at the rate provided, had we authorised the unauthorised use from the date of such unauthorised use. For the avoidance of doubt, the sum we may charge hereunder shall be exclusive of any discount which may have been applied to the supply of the Christer Marketing Group Data so that in assessing the said Charges we may multiply the total number of invoices which comprise the Charges by the total number of unauthorised uses to the date of payment.
8. Communication
Any changes to your campaign or service must be made to your contact at Christer Marketing Group via email.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Force Majeure
Neither of us shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of our respective obligations under this agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
11. Warranties
a. You warrant that:
i. you are entitled to and will process the CMG Data in compliance with the Data Protection Law and you are not aware of any circumstances likely to give rise to breach of any of the Data Protection Law in the future (including any Security Breach);
ii. you will take appropriate technical and organisational measures against the unauthorised or unlawful Processing of the Christer Marketing Group Data and against the accidental loss or destruction of, or damage to, the Christer Marketing Group Data to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful Processing or accidental loss, destruction or damage;
iii. you will take reasonable steps to ensure compliance with those measures; and discharge your obligations under this agreement with all due skill, care and diligence;
iv. as far as you are aware, the Processing of the Christer Marketing Group Data under this agreement will not infringe the Intellectual Property Rights of any third party.
b. Christer Marketing Group warrants that:
i. we have full rights to license Christer Marketing Group Data to you for the Business Purpose;
ii. Christer Marketing Group Data has been collected in compliance with the Data Protection Law.
c. We do not warrant that the Christer Marketing Group Data:
i. is accurate, complete, reliable, secure, useful, fit for purpose or timely;
ii. has been tested for use by you or any third party;
iii. will be suitable for or be capable of being used by you for the Business Purpose.
d. Except as expressly stated in this agreement, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise upon us, are hereby excluded to the extent permitted by law.
12. Jurisdiction
Each of us irrevocably agrees that the courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
13. Payment of invoice is your confirmation that you have understood the terms and conditions.