AGREEMENT BETWEEN USER AND gvcleads.com a Global Voice Connect Brand
The gvcleads.com web site (the “Web site”) is offered to companies or individuals who are interested in leads (each a “User” or “you”) and is conditioned upon your acceptance without modification of the terms, conditions and notices contained in these Terms & Conditions (“Terms & Conditions”). As a User, your access and/or use of this Web site constitutes your express agreement to all such terms, conditions, and notices. If you do not agree with these Terms & Conditions, you are not authorized to use this Web site. Please periodically link to and review these Terms & Conditions, because your continued usage of this Web site indicates your agreement with any revisions to these Terms & Conditions.
USER PROVIDED INFORMATION
PROPRIETARY RIGHTS; NO RESALE OF SERVICES
gvcleads.com has invested a significant amount of time, effort, and resources in the creation of this Website. The content and services available through this Web site are the sole property of gvcleads.com or its licensors and are protected by U.S. and international patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, gvcleads.com-owned content which you receive through this Website may be downloaded, displayed, and printed for your individual use only. Content owned by gvcleads.com’s licensors may be subject to additional restrictions. Except as provided in the foregoing sentence, you agree not to resell, reproduce, modify, display, transmit, distribute or copy goods, content, products, services, or information obtained from gvcleads.com; You also agree not to exploit your membership or association with gvcleads.com for a commercial or advertising purpose without the express written permission of a corporate officer of gvcleads.com.
LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to web sites operated by parties other than gvcleads.com’s; Such hyperlinks are provided for your reference only. gvcleads.com does not control such third party web sites or their content, and cannot guarantee, represent, or warrant that the content of these third party web sites is accurate, legal, and/or inoffensive. gvcleads.com does not endorse the content of other web sites, and cannot warrant that these web sites do not contain viruses or other features that may adversely affect your computer. By using the Web site to link to another third party web site, you agree and understand that you may not make any claim against gvcleads.com for any damages or losses resulting from your use of the Web site to link to a third party web site.
DISCLAIMER OF WARRANTY
THE INFORMATION, SOFTWARE, PRODUCTS, PRICING, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. gvcleads.com SHALL NOT BE HELD ACCOUNTABLE FOR SUCH ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. gvcleads.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY TIME. EXCEPT FOR THE LIMITED CONTACT WARRANTY SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. gvcleads.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY gvcleads.com OR ITS REPRESENTATIVE SHALL CREATE A WARRANTY AS IT IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. EXCEPT FOR THE LIMITED CONTACT WARRANTY, YOU ACCEPT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS AND/OR SERVICES; SHOULD ANY GOODS OR SERVICES PROVIDED HEREUNDER PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, YOU AND NOT gvcleads.com ASSUME THE COSTS TO CORRECT SUCH DEFECT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL gvcleads.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY PERSONAL INJURY SUSTAINED THROUGH YOUR USE OF THIS WEBSITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR THROUGH CONTACT WITH THE CONSUMERS SET FORTH IN THE LEADS, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE. IN NO EVENT SHALL gvcleads.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF INTERRUPTION OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SERVICES, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR WITH ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF gvcleads.com AND/OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL gvcleads.com’S AGGREGATE LIABILITY IN CONNECTION WITH THIS WEBSITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, EXCEED THE FEES ACTUALLY PAID TO gvcleads.com BY THE AGENT FOR THE LEADS IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE CAUSE OF ACTION GIVING RISE TO SUCH DAMAGES. The foregoing limitations shall apply even if the above stated remedy fails of its essential purpose. You acknowledge that the limitations of liability in these Terms & Conditions and the allocation of risk herein are an essential element of the bargain between the parties, without which gvcleads.com would not have provided Services to the consumer. gvcleads.com pricing reflects this allocation of risk and the limitation of liability specified herein.
You agree to defend, indemnify, and hold harmless gvcleads.com and its affiliates, officers, directors, employees, and consultants, from and against any and all claims, losses, liabilities, and damages of any kind resulting from: (1) your failure to comply with these Terms & Conditions; (2) your use of the Website or any information disclosed therein; (3) your negligence and/or intentional misconduct; (4) breach of any representation, warranty or obligation hereunder and/or (4) any authorized disclosure of Personal Information.
Lead Purchase Re[lacement Policy –
What is a rejected lead?
- Application from an individual who is under the age of 18 at the time of the application.
- Hoax application: where the applicant has been put through as Donald Duck or such like.
- Has no valid contact telephone numbers or email address: if the number called is a dead number or an email contact is returned as not valid.
A reject is not
- It is not a reject if that individual has changed his or her mind.
- A lead that is reported as non-contactable and is subsequently contacted by our agents.
- If the phone number can be validated by using directory inquiries or similar service.
- Language is not a reason for a reject on less was written on the agreement
Our lead purchase replacement or refund policy states that All leads have to be rejected by informing gvcleads and returning the lead within five days of the exact time that you received the lead. gvcleads.com have up to seven working days to review the reason for rejecting the lead and ensure the appropriate outcome in line with our Reject Policy.
Where a lead is an accepted return, gvcleads will replace that lead with another of the same type.
Claims or Disputes.
Advertiser’s sole remedy for claims or disputes is to submit any claims or disputes that it may have with respect to any invoice or transaction in writing to gvcleads within ten (10) days after month’s end or seven (7) days after the invoice date, whichever is earlier; otherwise such claim or dispute will be waived and such charge will be final and not subject to dispute.
Failure to Make Payment.
The failure by Advertiser to make timely payment in accordance with the terms of the Agreement shall constitute a material breach of the Agreement. In addition, a charge-back shall also constitute a material breach of the Agreement. You will be responsible for all reasonable expenses (including, but not limited to, attorneys’ fees and costs) incurred by gvcLeads in collecting such amounts due plus interest at the rate of eighteen percent (18%) per annum or the maximum amount permitted by law, whichever is less.
You agree that you will not alter the pixel or remove or alter the location of the pixel or other tracking method deployed by GVCLeads (“Pixel”) to track leads. GVCLeads employs a testing system to ensure that you have not altered, removed or moved the Pixel. If you alter, remove, disable or move the Pixel thereby disrupting or disabling GVCLeads’s tracking system, you will be obligated to pay EvoLeads for all estimated Actions generated during this period based upon the historical EPC over the previous month for the period in which such Pixel was altered, disabled, displaced or removed. For purposes of the Agreement, EPC is defined as earnings per click, computed by dividing total earnings by the number of clicks generated by a campaign. In addition, you agree to place GVCLeads’s Pixel on a unique confirmation page that does not contain the pixel or tracking method of any third party. If you place GVCLeads’s Pixel on the same page as third party’s pixel or tracking method, you will be obligated to pay GVCLeads based upon each firing of the GVCLeads Pixel (based upon GVCLeads’s tracking logs) regardless of any payment made to any third party for the subject action in reliance on any other pixel and/or tracking method appearing on the same page.
Advertiser acknowledges that there is a potential for Network fraud. GVCLeads enforces strict processes to combat fraud; however without definitive proof of fraud as determined by GVCLeads, Advertiser agrees to pay GVCLeads in full for all services performed under the Agreement, notwithstanding any potential or actual fraud committed by third parties.
Advertiser recognizes that GVCLeads has proprietary relationships with GVCLeads Network Publishers. Advertiser agrees not to circumvent GVCLeads’s relationship with such Publishers, or otherwise obtain, directly or indirectly, services similar to those performed by GVCLeads or such Publishers hereunder, from any Publisher that is known, or should reasonably be known, by Advertiser to have such a relationship with GVCLeads, during the term of the Agreement and for six (6) months following termination or expiration of the Agreement. Advertiser further agrees not to use reverse engineering or tracing of Publisher traffic as a means to solicit Publishers in the GVCLeads Network. If you are participating in the Select Advertiser program (as specified on the applicable IO), you agree not to contact the list of Publishers that we make available to you. Failure to comply with this Section may, at our discretion and without limiting or excluding other remedies that may be available to GVCLeads (all such other remedies being expressly reserved), result in immediate termination of the Agreement and a fee, to be determined by GVCLeads, per Publisher contacted directly by you. Both parties agree and acknowledge that if Advertiser violates its obligations associated with this Section, GVCLeads will suffer an irreparable injury that cannot be adequately compensated in monetary damages. As such, in the event of a violation of this Section, the parties agree that GVCLeads shall be entitled to: (i) injunctive relief without the requirement to post a bond; and (ii) any other remedies that GVCLeads may be entitled to at law or in equity. Notwithstanding the foregoing, to the extent that Advertiser can show that any such Publisher already obtained such services from Advertiser prior to the Effective Date of these Terms and Conditions, then Advertiser shall not be prohibited from continuing such relationship.
Any confidential information and/or proprietary data provided by one party (“Discloser”) to the other party (“Recipient”), including the Ad descriptions and the pricing of the Ad, shall be deemed “Confidential Information” of the Discloser. Confidential Information shall not be released by the Recipient to anyone except an employee or agent that has a need to know same and that is bound by confidentiality obligations at least as strict as those contained herein but in no event less than a reasonable confidentiality standard. Recipient shall not use any portion of Confidential Information provided by the Discloser for any purpose other than those provided for under the Agreement. Notwithstanding anything contained herein to the contrary, the term “Confidential Information” shall not include information that: (a) was previously known to the Recipient; (b) was or becomes generally available to the public through no fault of the Recipient; (c) was rightfully in Recipient’s possession free of any obligation of confidence at, or subsequent to, the time it was communicated to Recipient by Discloser; or (d) was developed by employees or agents of Recipient independently of and without reference to any information communicated to Recipient by Discloser. Notwithstanding the foregoing, either party may disclose, upon written notice to the other party, Confidential Information in response to a valid order by a court or other governmental body, as otherwise required by law or the rules of any applicable securities exchange or as necessary to establish the rights of either party under the Agreement; provided, however, that both parties will stipulate to any orders necessary to protect said information from public disclosure.
TERMINATION OF SERVICES
gvcleads.com reserves the right to remove any and all information on the Web site and/or to cancel any and all services provided on or through the Web site or provided to anyone at any time. In addition, if gvcleads.com has reason to believe you are in breach of these Terms & Conditions or any other obligations owed to gvcleads.com, then without limiting any other remedies, gvcleads.com may issue a warning, temporarily suspend, indefinitely suspend, or terminate your subscription and/or account and delete any other information placed by you on the Web site at gvcleads.com’s sole discretion.
SEO Campaign Cancellation and Refund Policy
All Services rendered by GVC LEADS are on a pre-paid subscription basis. Payments are usually managed and reconciled on a month on month basis. Recurring payments may be arranged by contacting your Project Manager.
If the client changes his/her mind about doing work with GVC LEADS during the course of the campaign, the client will be responsible for the amount of work already completed.
Depending on the amount of work completed at the time of cancellation, this may mean receiving a full refund, a partial refund, no refund, or owing additional fees. In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing to firstname.lastname@example.org
Under this policy:
- Cancellations may be requested only within the 10-day window prior to the launch of a campaign
- The Client agrees that no refund shall be given arising from cancellations requested after the launch date
- Cessation of work for Project websites may be requested, and the remaining work may be allocated to another Project URL
- GVC LEADS reserves the right to first allocate any remaining budget to services that may benefit any other URL belonging to the client
- The premature termination of a campaign may void the refundability of the 30-day deposit in the contract
- Generally, due to the nature of our work, we do not assure any refunds upon cancellation
- If refund is made, we would debit the amount for the work already completed, and for the work in process
- Taxes paid on services to regulatory bodies would not be refunded
- In the event of any violation to the terms and conditions of our policy, we would cancel the agreement and would not refund anything
- We will not refund if any delay happens because of third party participation
You may not assign these Terms & Conditions, in whole or in part, without gvcleads.com’s prior written consent, and any attempted assignment without such consent shall be null and void. gvcleads.com may assume and assign these Terms & Conditions without your consent to a successor-in-interest in connection with a change of control, merger, sale of all or substantially all of its assets to which this Agreement relates or other corporate reorganization. Subject to the foregoing, these Terms & Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
These Terms & Conditions are governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, USA in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and gvcleads.com as a result of these Terms & Conditions or use of this Web site. gvcleads.com’s performance of its obligations hereunder and/or any services offered on the Web site is subject to existing laws and legal process, and nothing contained in these Terms & Conditions is in derogation of gvcleads.com right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by gvcleads.com with respect to such use. If any part of these Terms & Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms & Conditions shall continue in effect. These Terms & Conditions may not be amended by you. gvcleads.com’s waiver of any term, condition or notice contained within these Terms & Conditions shall not be construed as a waiver of any subsequent breach or failure of the same term or condition or a waiver of any other term or condition or notice contained in these Terms & Conditions. gvcleads.com shall not be responsible for any delay or failure in performance of its obligations under these Terms & Conditions that is caused directly or indirectly by events, occurrences, or causes beyond its reasonable control. These Terms & Conditions constitute the entire agreement between you and gvcleads.com with respect to this Web site and the services provided thereon and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and gvcleads.com with respect to this Web site (including any prior versions of these Terms & Conditions).
A printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.