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General Terms and Conditions for sale of leads

These General Terms and Conditions of Sale are applicable to any purchase of any information with respect to one or more consumers seeking a particular service or product (“Lead”) from Archer Leads (Archer). Additional terms and conditions applicable to particular Customers shall be added on their respective account page in the Archer Leads website at www.archerleads.com.

1. Purchase Orders
Purchase Orders are placed by Customer either by telephone or by submitting an order through Archer’s website (archerleads.com). Purchase Orders shall specify the quantity of Leads and the frequency of delivery (one time purchase or recurring purchase), the type of service the Leads should relate to, the geographical location area of the Leads, as well as the contact information of the Customer (name of Customer, name of contact person, direct telephone number, address, email address. By placing a purchase order Customer agrees to these General Terms and Conditions.

2. Delivery
Leads shall be made available to Customer on the website www.archerleads.com. The Customer shall input his login and password to login to his Archer Leads account, where each Lead will be available for viewing or download. Additionally, Archer will make its best effort to deliver each Lead by email to Customer. Delivery shall not occur before the next business day following the Customer’s purchase order.

3. Price Rates and Payment Terms
The Prices applicable to all Leads purchases shall be according to the price schedule published by Archer on its website or otherwise made available to Customers, with any applicable discounts offered by Archer at its sole discretion based on criteria such as longevity of commercial relations and special promotions on certain types of Leads as decided by Archer. In the case of recurring Lead purchases and deliveries, applicable prices may not be increased unilaterally by Archer and Archer shall notify Customer in advance of change in prices. Customer shall prepay before receiving delivery of the Leads, by credit card, either directly or through a Paypal account. By giving its credit card information, Customer authorizes Archer to charge the credit card for the price of the purchased Leads.

4. Exclusive Leads and Semi-Exclusive Leads
For all Leads sold on an exclusive basis, Archer guarantees that Archer will not deliver, sell, transfer or disclose to any other person any Leads purchased by Customer and delivered to Customer. For all Leads sold on a semi-exclusive basis, Archer guarantees that Archer will deliver, sell, transfer or disclose to only a limited number of persons any Leads purchased by Customer and delivered to Customer.

5. Lead Return and Replacement
Leads may be returned the next day following delivery if the lead is not matched to the Client's geographic criteria and may be returned within 5 days, unless otherwise stated, after delivery to the Customer if such leads suffer from the defects listed below (and only those defects), provided however that the Customer has attempted to contact the person identified in the Lead within 48 hours of delivery of the Lead:

  • The Customer previously received the same Lead from Archer
  • The telephone number and email address provided with the Lead are incorrect or missing
  • The Lead corresponds to a person living in a foreign country or that does not exist
  • The Lead corresponds to a person not legally competent to sign a contract
  • The Lead corresponds to a person that is a student or a professional doing market research

If defective leads as specified above are returned within the delays provided above, if Archer verifies that the Customer has attempted to contact the person identified in the Lead within 48 hours of delivery, and if Archer verifies the alleged defect, then Archer will deliver replacement Leads free of charge. Leads must be returned by Customer by logging in to the Customer account on Archer Leads’ website at www.archerleads.com, clicking “Return” next to the Lead that is to be returned, and finally submitting a valid reason for return. Only those Leads with valid and verified reasons will be approved and credited to the Customer’s account.

6. Privacy and Ethics
Customer shall only contact the person identified in the Lead for the exclusive purposes of offering services corresponding to the type of service sought by such person as indicated in the Lead. Customer represents and warrants that it has all licenses and other authorizations necessary to lawfully conduct its business activity and offer and sell the products and services for which persons indicated in the Leads will be solicited. Any communications between Customer and the persons indicated in the Leads shall be free of objectionable and unlawful content. Customer shall not make any reference to Archer or any Archer Lead web-site in any communications with the persons indicated in the Leads. Customer shall not sell, transfer, or disclose in any way any information contained in the Leads to any other person. Customer represents and warrants that it will employ policies and safeguards that will ensure the confidentiality of all information relating to each person identified in the Leads. Customer hereby indemnifies Archer against any and all claims from any third party relating to or in connection with the violation of federal or state laws regarding telephone solicitation, commercial contact with consumers, or violation of personal privacy.

7. Termination of Recurring Lead Purchases
Recurring Lead purchases may be terminated by either Archer or Customer subject to a 24 hour notice, unless the Customer benefits from preferential price rates, in which case Customer may only terminate its recurring Lead purchase with a notice of five (5) business days. Termination notices shall be sent by email or fax.

8. Limitation of Warranty
WITH THE EXCEPTION OF ANY EXPRESS WARRANTY PROVIDED IN THIS AGREEMENT, ALL LEADS AND ALL OTHER SERVICES RENDERED BY ARCHER TO ITS CUSTOMERS ARE PROVIDED ON AN “AS IS” BASIS AND ARCHER DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

9. Governing Law and Arbitration
Archer and Customer shall make their best efforts to resolve amicably any dispute arising in connection with the purchase of any Leads. Material disputes that cannot be resolved amicably shall be settled by arbitration to be held in the location of principal place of business of the defendant, in accordance with the AAA Arbitration Rules then in effect. The decision of the AAA arbitrators shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court of competent jurisdiction. These General terms and Conditions are subject to and shall be interpreted in accordance with the laws of the State of California.

10. Entire Agreement
These General terms and conditions constitute the entire agreement between Archer and Customer with respect to the purchase of Leads by Customer and supersede any and all previous agreements and understandings, whether oral or written.



 

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