Last Updated: April 6, 2024
SPEAKEASY LEADS PURCHASE AGREEMENT
The terms and conditions (“terms”) herein are a legal, binding agreement between iQor Digital, LLC – dba Speakeasy Leads (“Speakeasy Leads” or “we”), and you, receiving the services from us or via our site (“Agent” or “you”). Your acceptance of the terms here is required for your use of the site and any of our leads services, and to our provision of leads to you. By clicking “Accept”, which represents your electronic signature on the terms, you accept these terms. You accept that your interaction with the website, and each request you make for our services is subject to the terms here. If you disagree with any area of the terms here, don’t use our services.
Lead Purchase
You agree to purchase leads in line with the guidelines here. A lead will contain information that has been provided by a person as well as certain lead contact information as available, unless otherwise agreed by you and us in writing, such as: (a) the first and last name, (b) the phone number, (c) the email address, and (d) the mailing address, except for Telesales leads.
You’ll be charged for the leads based on the price stated during purchase, and at any time, fees may differ from purchase to purchase. Promotional codes cannot be combined with any agency discounts or specialty pricing. We do our best to deliver leads between 24–48 hours but may take up to 3-4 business days to deliver an order. However, in certain cases, orders can experience slight delays, owing to daily supply as well as demand market conditions, especially on the Social Media platforms we advertise on. In such rare cases, you will be notified throughout the process and your leads will be delivered in a timely manner. If your order can not be delivered after 5 business days, we will issue a refund for what has not been delivered.
The maximum amount of time we will hold an order before running your campaign is 3 business days. Unless otherwise approved by a Speakeasy Leads Team Associate.
Lead Delivery
By placing your order with Speakeasy Leads, you agree to allow up to 72 business hours for your order to be processed, once your order is placed. We highly encourage you to call or email us ahead of placing your order to confirm the availability of your desired target area. Orders placed via our website, are considered to be an “express order” and are placed in a queue behind any order(s) placed prior in the same radius/state (i.e. telesales leads). All leads are delivered on a First-Come-First-Serve basis.
Refund Policy
Purchases of leads are not cancellable or refundable at any time. Partial refunds are available, if we are not able to deliver your digital order within 5 business days via CSV file or google sheets or if we otherwise determine that the requested order exceeds the price point agreed upon. You are not authorized to use any services that are not paid fully for.
Replacement Lead Policy
For Statewide Generated Leads, you may reject a lead for a replacement within 5 business days of your order being fullfilled if: (i) lead contact phone number is not in service; (ii) lead is outside of the given state(s) requested; (iii) lead contact phone number is not accurate; (iiii) lead speaks a foreign language; (iiiii) lead did not request stated product(s) or service(s). All replacement leads will be added as credits and added to a future order of the same lead type.
Authorized Use and Purpose of Leads
Leads are rendered on a 100% exclusive basis for a particular purpose for which the consumer submitted the online form, (“the specific vertical”) for instance, life insurance, Medicare, auto insurance, residential solar. You’re allowed to use the leads provided by us, exclusively for your internal marketing purposes in the specific vertical to the consumers. You may not use the lead for purposes other than those that the consumer has expressly inquired about, or of third parties. Agents and/or sales reps can not redistribute or sell our leads.
Leads are confidential information of Speakeasy Leads. You agree to not share with others, distribute, license, sell, resell or otherwise disclose any of the leads or the information included in them, to any third party for any purpose, unless only to an entity employed by you as a contractor for the main purpose of assisting you under the terms here as well as in accordance with the authorized use of the leads by you. When leads are generated, we don’t guarantee any certain result. A lead is a prospect, so don’t regard it as a guaranteed sale.
Service Usage
It is solely your responsibility to know about all laws, rules and regulations applicable to the access, use, storage and security of data identifying consumers that we offer to you, and to act in line with them. You agree that you’ll maintain commercially reasonable physical, electronic and procedural controls, care and protections to protect any such consumer information received under the terms herein from any unauthorized use or disclosure, including the maintenance of proper security to limit access to the consumer data solely to undertake the purpose behind the disclosure of such information.
Buyer Fraud
We make necessary events to ensure fraud prevention. Therefore, if we believe that any agent is committing or attempting to commit buyer fraud, this is considered illegal and we may take legal actions against such an agent. Every agent is expected follow all laws against fraud and is expected to not violate any relevant law against buyer fraud such as the Act against Telemarketing and Consumer Fraud and Abuse Prevention, as well as other federal, state and local laws, and regulations governing the sales of leads.
Warranties & Disclaimer
As an Agent, you warrant and represent that:
- the use of the leads and any interactions with and information provided to consumers will be in compliance with all relevant federal, state and local laws, statutes, rules and regulations, governing the marketing, sales, and/or promotion of goods and/or services, including with no limitation to the general consumer protection laws and regulations, or any other consumer protection laws that hinder unfair or misleading acts or practices;
- without restraining the foregoing, you’ll make no calls to any person on any Federal or State National Do-Not-Call (DNC) registry otherwise in the exception of an exemption;
- you’ll use no lead information for the purpose of determining a person’s eligibility for employment, credit or otherwise in any manner that violates the Fair Credit Reporting Act;
- you’ve disclosed the existence of any Federal or State decrees, orders, or consent agreements, as well as any pending informal or formal Government investigations. Also, you warrant that if you’re involved or named in any kind of action, complaint, investigation or any other proceeding by or before any governmental or regulatory agency, or any private party, you’ll provide immediate notice to Speakeasy Leads of any such action, complaint, investigation or any other proceeding; and
- you’ll make sure that your agents, employees, as well as contractors comply with all of the above.
The leads services and the site are provided “as is”, “where is”. Neither party makes any sort of warranties to the other. Also, all statutory, implied or other warranties are disclaimed to the highest extent permitted by law, including with no limitation to any warranties of merchantability, fitness for a purpose, non-infringement, compliance with relevant laws, title, or while dealing or trading. We don’t guarantee in any way that any information provided by the consumer will be correct or complete, or that the results will be realized from the leads, including any customer conversion rates.
You understand that leads and contact information gathered have not been screened or validated by us, and aren’t guaranteed to be accurate or error-free and all risks of condition, design, use, fitness, or quality are completely yours.
Changes
Speakeasy Leads retains the right, based on sole discretion, to modify any part of this Agreement. It is totally your responsibility to check this Agreement periodically for changes. Your continued usage of the site following the posting of any changes to this Agreement suggests an acceptance of those changes. Also, Speakeasy Leads may, in the future, provide new services and/or features via the site (including, the release of new tools as well as resources). Any new features or/and services shall be subject to the Terms of this Agreement.
Termination
At any time, Speakeasy Leads may terminate your access to all or any part of the site, with or without cause, with or without notice. If you decide to terminate this Agreement or your account, you may simply discontinue using the site. Notwithstanding the foregoing, if you have an account, such account can only be terminated by Speakeasy Leads if you materially breach the Terms here and fail to rectify such breach within thirty (30) days from Speakeasy Leads notice to you thereof; provided that, Speakeasy Leads can cease the site at any time as part of a general shutdown of our service.
Disclaimer of Warranties
The site is provided ‘as is’. Speakeasy Leads and its suppliers, licensors and affiliate companies hereby disclaim all warranties of any sort, express or implied, such as the warranties of merchantability, fitness for a purpose and non-infringement. Neither Speakeasy Leads nor its suppliers and licensors, makes any warranty that the site will be error-free or that access to it will be continuous or uninterrupted. You acknowledge that you download from, or otherwise acquire content or services via, the site at your own discretion and risk.
Limitation of Liability
In no event will Speakeasy Leads, or its licensors or suppliers, be liable regarding any subject matter of this agreement under any contract, tort, negligence, liability or other legal or equitable theory for: (i) any incidental, special, or consequential damages; (ii) the cost of acquisition or substitute products or/and services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that raise the fees paid by you to Speakeasy Leads under the Terms here during the twelve (12) month period prior to the date the cause of the action accrues. Speakeasy Leads shall have no form of liability for any failure or delay owing to matters beyond its reasonable control. The foregoing may not apply to the extent prohibited by relevant law.
General Representation and Warranty
Each user represents and warrants that (i) your use of the site will be in strict accordance with the Speakeasy Leads Privacy Statement, with this Agreement as well as with all relevant laws and regulations (including relevant local laws or regulations in your Country, State, City, or other Governmental area, as regards online conduct and acceptable content, and including all relevant laws as regards the transmission of any technical data exported from the U.S. or the country in which you dwell) and (ii) your usage of the site won’t infringe on the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Speakeasy Leads, its contractors, and its licensors, as well as their respective directors, employees, agents and officers from and against any claims and expenses, including attorneys’ fees, resulting from your usage of the site, including from your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Speakeasy Leads and you on the subject matter here, and it may only be modified by a written amendment signed by an authorized executive of Speakeasy Leads, or by the posting by Speakeasy Leads of a revised version.
The dominant party in any action or proceeding to implement this Agreement shall be entitled to any costs as well as attorneys’ fees. If any area of this Agreement is deemed to be invalid or unenforceable, that area will be interpreted to reproduce the parties’ original intent, and the remaining areas will remain in full force and effect. Any waiver by any party of any terms of this Agreement or any violation thereof, in any instance, will not waive such term or any subsequent violation thereof. You may assign your rights within this Agreement to any party that consents to be bound by its terms; Speakeasy Leads may assign its rights under this Agreement without any condition. This Agreement will remain binding upon and inure to the advantage of the parties, their successors as well as acceptable assigns.
