LeadCycle Client Agreement

Agency relationship:

If you use our LeadCycle service then our relationship with you will be that of independent contractors. We will act as your agency for the purpose of accessing and managing your advertising accounts and administering advertising spend on your behalf.

Content:

You will own all rights to content created for your campaigns which includes text, graphics, images, videos for publication in any medium. However, you agree that any access to accounts, software, systems or intellectual property is to be shared only during the term of this contract.

All ad campaigns will be run in our accounts and you will not have access to them if/when you cancel.

Fees:

Your monthly subscription fee will be charged automatically each month via either credit card or direct debit until such time as you cancel (subject to the termination clause within this agreement). Any other methods of payment will attract a £35 per payment administration charge. The initial Fee is taken on sign up. Your subsequent fees are scheduled in accordance with the plan you agreed at the point of sale (3 month/6 month commitment plan).

Your initial ‘ad spend’ payment will be taken on the day we issue your ‘Campaign Plan’ which will be sent to you via email. This payment forms that basis of your ‘ad budget’ which is used to pay Facebook for your adverts. Your ad spend budget will be agreed with you during the campaign set-up process.

We will agree your onward ad spend budget with you over the course of your campaign with the aim of making sure there is sufficient budget for LeadCycle to fully optimise your ads. This budget will be topped up to the agreed limit on a monthly basis or more frequently if needed.

If your ad-spend payment fails and is returned unpaid for any reason then you agree that we may terminate your ad campaigns immediately and without notice. If this occurs, you are still liable for paying your subscription subject to the termination clauses located within this agreement. If your subscription payment fails, we have the right to pause your campaign until such time as the account is brought up to date. Where this occurs, you will still be liable for any subscription payments due (see termination clause).

Promotion:

We may include your name and logo on our website, social media and general marketing materials related to the services that we provide. We may also share stories of progress as part of our marketing strategy. 

Communication guidelines:

We will need to communicate with you at agreed intervals during the course of your campaigns. This communication will be via email, phone calls and text messages.  It is your responsibility to make sure you are available at agreed times to allow us to progress the campaign. Your LeadCycle Ads Manager may ask you to confirm certain requests and changes in a written form (via email) to ensure we carry out requests accurately. 

The email address you should use for all email correspondence is: [email protected]

Limitation of liability:

You agree that you have the right to provide us with access to your accounts and advertise on your behalf. You agree to indemnify and hold us harmless from all third-party claims, liabilities, damages and expenses arising from breach or representation, any content or services linked to you and/or any of your business activities not arising from our acts or omissions.

Our company, or any member of our team, will not be liable to you, or any other entity, for actions taken in good faith, unless fraud, gross negligence or wilful misconduct is determined.

We are not liable for any delay or failure in the performance of any of the services or for any loss due to any cause beyond our reasonable control.

We make no promises, guaranties or warranties with respect to results that you will achieve or with regard to placements of your content. No oral or written information or advice given by any of our team will supersede this agreement.

We will not be liable for any amount in connection with this agreement in excess of the amount paid to us in Monthly Fees (i.e not including ad spend) during the three-month period prior to the date the action arose.

Employees:

We both agree to not directly or indirectly employ or solicit for employment any person employed by either company during our relationship or for a period of one year after it ends. If violated, the offender agrees to make a lump sum payment within 30 days for 50% of the employee’s current or expected annual salary, whichever is higher.

Disputes:

This agreement is governed by the law of England and Wales. Any dispute that we cannot resolve between us will be decided by independent arbitration whose decision will be binding on us, but not on you. If you are not satisfied with the arbitration decision, you may then go to court.

Termination:

You must provide three months notice of cancellation in writing (via email).

If you have agreed to a three-month commitment at the point of purchase you are committed to the service for a minimum period of three months. Once your agreed minimum commitment has been served you may provide your three months notice of cancellation at any time. 

You can not give your three months notice of cancellation during your initial three-month commitment if you have selected to come on board at that rate.

Once your 3 months notice has been served (and where your agreement has also ended), your payments will cease. You will not, at any time, be entitled to any refunds, pro-rata or otherwise, on monies already paid for your subscription. However, we will return any balance remaining in your ad spend budget at the point of cancellation.

If you cancel, you will have to pay a Set Up Fee each time you re-join.

You have 14 days from the day after the sale to cancel your LeadCycle subscription under the ‘cooling off period’. Where cancellation occurs before your campaign ‘Set-up’ call, you have the right to a full refund on payments made. If your cancellation takes place during or directly after the set-up call, we have the right to charge an admin fee of up to £250 to cover the service performed during that period. 

Pausing Your Campaigns:

If you want to pause your campaigns, and you have completed the term of the plan agreed at the point of sale, then you can do so. All our activity will cease but your account will remain ‘live’ and can be re-started again at any time, subject to you giving us seven working days notice.

Your monthly fee will reduce to £50 per month for each month that you are on ‘Pause’.  As you enter your ‘pause’ phase, we will return any remaining monies held in your ad spend budget. You do have an option to ask us to hold this ad spend budget pending your return. 

Please note that you cannot go on ‘Pause’ until you have made a minimum of three or six monthly subscription payments (dependant on the plan you agreed at the point of sale).

When your campaigns are on ‘Pause’ you will not have to pay a Set Up Fee when you re-start your campaigns and all your content and accounts will remain available and accessible.