Terms of Service

1. Who you are contracting with

These Terms are between [REGISTERED ENTITY NAME], [LLC / Inc.], a company organised under the laws of [STATE OF INCORPORATION], trading as and marketing group (“we”, “us”), and the business accepting them (“you”). Registered address: [REGISTERED BUSINESS ADDRESS].

By creating an account, submitting a buyer enquiry, or accepting delivery of a lead, you agree to these Terms. If you are accepting on behalf of a company, you confirm you are authorised to bind it.

2. What we sell

We sell leads: records of residential homeowners in the United States who have submitted a request for a quote, or placed a call, in response to marketing we operate. A lead is an introduction. It is not an appointment unless purchased as one, and it is never a guarantee of a sale.

Each lead is sold to a single buyer. We do not resell a lead already delivered to you, subject to the exclusivity remedy set out in the Lead Credit Policy.

3. Your account

• You specify the trades you offer and the ZIP codes you serve. We filter delivery to them.
• You set a delivery cap. You may raise, lower or pause it at any time from the portal.
• You are responsible for the accuracy of your account settings and for the security of your credentials.
• You must hold every licence, bond and insurance required for the work in each market you accept leads in.

4. Payment

Leads are billed per lead at the rate agreed for your account, trade and market. Rates are quoted in writing and may be revised with 14 days’ notice. Accounts operate on a pre-funded balance; delivery pauses when the balance is exhausted.

Failed payments may result in suspension of delivery. Amounts unpaid after 30 days may be referred for collection, and you are responsible for reasonable costs of recovery.

5. Credits and returns

The Lead Credit Policy is incorporated into these Terms and sets out in full the conditions under which a lead is credited, the 48-hour window, and what is not credited.

6. Your obligations when you contact a homeowner

This clause matters more than any other in this document. When you contact a lead, you are the caller and the legal obligations are yours.

• You must comply with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, state telemarketing and calling-time laws, and all applicable Do Not Call requirements.
• You must honour any opt-out, revocation of consent, or do-not-contact request immediately, and maintain your own internal DNC list.
• You must not use automated dialling equipment or pre-recorded messages except where you have independently confirmed that doing so is lawful for that contact.
• You must not resell, syndicate, re-broker or otherwise transfer a lead to any third party.
• You must not use lead data for any purpose other than quoting and performing the work requested.

We supply a TrustedForm consent certificate with each form lead. That certificate records the consent the homeowner gave to us. It is evidence, not a substitute for your own compliance programme, and it does not transfer our consent to you for purposes the homeowner did not agree to.

7. Data protection

Each party acts as an independent controller of the personal information it holds. You must maintain a lawful basis for your processing, provide your own privacy notice to homeowners you contact, hold the data securely, and honour consumer rights requests you receive. Our own practices are set out in the Privacy Policy.

8. No guarantee of outcome

We do not guarantee that any lead will answer the phone, book an appointment, accept a quote, or become a customer, nor do we guarantee volume in any market. Estimates of volume are estimates. Nothing on our website or in correspondence constitutes a guarantee of revenue.

9. Limitation of liability

To the maximum extent permitted by law, our aggregate liability arising out of or relating to these Terms is limited to the amounts you paid us for leads in the three months preceding the event giving rise to the claim.

Neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue or business opportunity, however caused.

Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, or any liability that cannot lawfully be limited.

10. Indemnity

You will indemnify and hold us harmless against claims, damages, penalties and reasonable legal costs arising from your contact with homeowners, your breach of clause 6, your handling of lead data, or the work you perform for a homeowner.

11. Suspension and termination

Either party may terminate at any time on written notice. There is no minimum term. We may suspend or terminate delivery immediately where we reasonably believe clause 6 has been breached, where credit requests are being abused, or where a homeowner complaint indicates a risk to consumers.

On termination, any unused pre-funded balance not consumed within 12 months is refundable on request.

12. Changes

We may amend these Terms on 14 days’ notice to the email on your account. Continuing to accept leads after the effective date constitutes acceptance.

13. Governing law

These Terms are governed by the laws of [STATE], without regard to conflict-of-laws rules, and the courts of [STATE] have exclusive jurisdiction.

Questions: legal@andgroupmarketing.com