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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