Terms of Service
1. Definitions
In this agreement:
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business;
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Services” means any of the services we offer for sale on our Website and include generally available updates and support services so far as specified for each service.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2. Our Contract (Between Us and You)
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 In any event to you as a buyer or prospective buyer of our Services.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.
2.4 We cannot guarantee that every Service advertised on our website is available. If at any time a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.
2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.
2.6 If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of your order.
3. Your Client Account With Us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorized person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
4. Price, Payment and Service
4.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
4.2 You agree to pay the non-refundable setup fee upfront in conjunction with our refundable monthly and/or paid in full (PIF) service charge amount for the Services, from the PayPal account or credit card, information for which you have or will have supplied to us. You authorize us to arrange withdrawal of funds on this card each month without further reference to you.
4.3 Payments are billed in advance on the same day as your initial order each month.
4.4 Our Services may be provided by email / made available for you to download / in the way we have explained in our Website.
4.5 If we are not able to provide your Services within [10] days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
4.6 Once Service provision has started, you may cancel the Services at any time on giving us 30 clear days notice. Payment will be due until the expiry of the notice period.
4.7 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.
4.8 If we change the nature or provision of the Services, you may terminate this contract.
4.9 If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
4.10 You may not share or allow others to use the Services in your name.
4.11 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
5. Our Results-Focused Guarantee
5.1 If you have purchased NuLead Consulting Services, you will be offered a 90-day results-focused guarantee. We have strong confidence in our products and services provided. We guarantee that if a minimum monthly advertising budget of no less than $500.00 USD is supplied by you, the client, we guarantee a positive return on investment on both the advertising budget as well as the total charge for our services over a 90 day period in the form of scheduled appointments with potential customers for the client. This figure will be mutually agreed upon between the client and NuLead Consulting during the initial consultation meeting. If in the rare instance you do not receive the agreed upon number of appointments for your services at the end of every month, you will receive a refund for the month's service fee - this does not include the amount incurred from advertising costs ex: Google/Facebook as well as our initial non-refundable setup fee.
5.2 The start of your guarantee is not from date of purchase, it is from the date agreed by yourself with a member of our client success team - when advertising campaigns designed by us have been approved for launch. You will also be required to attend your initial onboarding call(s) as well as attend all of your bi-weekly reporting calls arranged with our client success team. We will give leniency if you miss two calls, although they must be rescheduled.
The date agreed with the client success team will be your ‘kick-off’ day and will be the start of your action-based guarantee.
5.3 You must schedule a call with the client success team within 3 days of starting your service agreement with NuLead Consulting.
5.4 The client success team will agree achievable monthly appointment targets with you, it is your responsibility to handle all appointments we schedule for you.
5.5 You must also reach out to leads after they have scheduled an appointment as soon as possible to increase chance of sale.
5.6 You will be expected to input your daily sales performance figures into a database which you will be given access to, enabling our team to keep track of your progress. This process will take no longer than 30 seconds each time you complete an appointment with a lead.
5.7 Failure to adhere to any of the above terms will result in your guarantee being void and no refunds being made, with no exceptions.
5.8 You must maintain regular communication with our client success team such as answering, executing and providing any requests for media, materials, setup instructions and any other things necessary for us to provide our services to you - failure to maintain proper communication without prior notice for a period exceeding 14 days will result in immediate cessation of all work and our guarantee with you will become void.
6. Cancellation of Order
6.1 We offer our digital service-based products with a full 14 day money back policy from the date of purchase unless otherwise stated. Refunds are only available to those who have not completed their initial onboarding call with us and/or have failed to supply us with the required materials needed to execute our service.
6.2 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way have provided the Services to you.
6.3 Successful participation in our results-focused guarantee overrides these terms
7. Foreign Taxes, Duties and Import Restrictions
7.1 If you are not a citizen or permanent of resident Canada, we have no knowledge of, and no responsibility for, the laws in your country.
7.2 You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.
8. Dissatisfaction With The Services
8.1 If for any reason you are not completely happy with your purchase, contact us immediately and tell us:
8.1.1 exactly why you think we have failed;
8.1.2 the date, if relevant, of the failure;
8.1.3 when and how you discovered the failure;
8.1.4 the result of the failure;
8.1.5 your suggestion as to action we should take to resolve the situation and restore your faith in us.
8.2 To do this, contact us via any messaging or communication outlet supplied to you by us following the commencement of the professional relationship.
9. Disclaimers
9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large web based business. We would be grateful if you bring to our immediate attention, any that you find.
9.3 We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Services for your purpose;
9.3.2 the truth of any Content on our Website or any other third party website published by someone other than us;
9.3.3 any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;
9.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.
9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
9.7 The above two sub paragraphs do not apply to a claim for personal injury.
10. Your Material
10.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
10.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
10.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
10.4 You represent and warrant that:
10.5 you own the rights to all of the Material that you post;
10.6 any fact stated in your Material is accurate;
11. System Security
11.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
11.2 You may not use any software tool for the purpose of extracting data from our website.
11.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
12. Acceptable Use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
12.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:
12.1.1 copyright works;
12.1.2 commercial audio, video or music files;
12.1.3 any Material which violates the law of any established jurisdiction;
12.1.4 unlicensed software;
12.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
12.1.6 links to any of the material specified in this paragraph;
12.1.7 pornographic Material;
12.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
12.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
12.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
12.2.2 The sending of junk mail;
12.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
12.2.4 Excessive and repeated posting off-topic messages to newsgroups;
12.2.5 Excessive and repeated cross-posting;
12.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libelous or obscene Material, or Material of any nature which could be deemed to be offensive;
12.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.
13. Confidential Information and Intellectual Property Rights
13.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
13.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
13.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
13.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
13.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
13.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
14. Your Email Address
14.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
14.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
14.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
15. Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
16. Miscellaneous Provisions
16.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
16.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
16.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
16.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
16.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
16.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
16.8 This Agreement shall be governed by and construed in accordance with the federal and provincial laws of Canada. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
I have read and understood Inspired terms and conditions, and I agree that they form part of the contract between us. I confirm that I am over the age of 18.
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