Terms & Conditions
Terms & Conditions for the use of theLeadBay.co.uk
By signing up as a user to our service you accept the relevant terms & conditions in full.
IS HEREBY AGREED AS FOLLOWS (RELEVANT SECTIONS ARE MARKED EITHER - INTRODUCER, PURCHASER OR BOTH).
1.1 (INTRODUCER ONLY) theLeadBay.co.uk has offered and you have agreed to the terms and conditions set out in this agreement, to canvas and survey prospective customers as a self-employed lead introduction agent to theLeadBay.co.uk trading system.
1.2 (PURCHASER ONLY) Or you have been allowed access to theLeadBay.co.uk trading system as a vetted purchasing partner with a view to facilitating the applicant (end user).
2. FEES, RATES & PAYMENTS
2.1 (PURCHASER & INTRODUCER) Current market rates are dictated by the auction demand on our system, these change according to current market demand on each product. By submitting your lead for sale on theLeadBay.co.uk you accept that said lead will be auctioned to reach maximum value potential, according to current market rates, or placed on sale at an agreed "buy it now" price.
2.2 (INTRODUCER ONLY) Subject to clause 5 (deductions), theLeadBay.co.uk will pay you in accordance with the fee structure in force at the time. theLeadBay.co.uk reserves the right to amend the fee structure at its discretion without notice.
2.3 (INTRODUCER ONLY) All payments made under clause 2 will be inclusive of VAT (if applicable).
2.4 (PURCHASER & INTRODUCER) Each lead purchased on theLeadBay.co.uk is subject to our standard fees set out in this agreement or based on the fees allotted to your bespoke SLA, fees will be automatically deducted from purchaser payments. Purchasing partners will not be liable for service charges for purchasing leads.
2.5 (INTRODUCER ONLY) Payments are made weekly to introducers each Monday, once each lead has ended its 7 day holding period that lead will be eligible for payment the following Monday.
2.6 (INTRODUCER ONLY) In cases of Bank Holidays payments will be made on the Tuesday directly following the bank holiday.
2.7 (PURCHASER ONLY) Credit bundles and other special packages may NOT be used within 7 days of purchase of each bundle/package.
2.8 (PURCHASER & INTRODUCER) Yearly membership fees are not refundable and are charged in respect of vetting and administration.
3. NO MUTUALITY
3.1 (INTRODUCER ONLY) You are not obliged to generate enquiries or surveys nor will theLeadBay.co.uk be under any obligation to accept them. If customer enquiries are accepted by theLeadBay.co.uk on a consistent and regular basis, it should not be inferred from this that theLeadBay.co.uk are obliged to accept the work.
4. LEAD RETURNS
4.1 (PURCHASER ONLY) A lead may only be returned if the information provided is proven to be different to that of the advertised data.
4.2 (PURCHASER ONLY) All leads to be returned must be submitted within 7 days of purchase for return verification.
4.3 (PURCHASER & INTRODUCER) If a lead is accepted as a return, no fees will be owed to the introducer or theLeadBay.co.uk by the purchaser, the introducer may be liable for the 20% fee in respect of admin this will be deducted from any owed payments.
4.4 (INTRODUCER ONLY) Introducers must adhere to a STRICT 85% quality ratio, if your conversion/returned lead amount falls below 85% then your portal will be suspended pending discussions to rectify the issue.
4.5 (PURCHASER & INTRODUCER) Decisions made by theLeadBay.co.uk and/or returns department will be full and final in the case of returned/disputed leads.
4.6 (PURCHASER & INTRODUCER) Not all leads will be eligible for our returns policy, if a lead is not eligible for return it will be clearly stated in the lead description.
4.7 (PURCHASER & INTRODUCER) - DURING THE CORVID-19 OUTBREAK THE RETURNS PERIOD IS AUTOMATICALLY INCREASED TO 14 DAYS (FROM 7 DAYS), this is to allow extra time for survey and verification during times of restricted travel and to accommodate self-quarantine periods. Extensions are available also to allow for maximum conversion potential.
5.1 (INTRODUCER ONLY) Where work cannot go ahead due to a failure at generation or survey stage, then that referral fee will be not be paid to the introducer.
6. SUBMITTING LEADS WITHOUT EVIDENCE (NON-VERIFIED LEADS)
6.1 (INTRODUCER ONLY) This option is only available to introducers who have a historic working relationship of over 6 months with theLeadBay.co.uk, also a historic conversion rate of at least 90% must have been maintained throughout the initial 6 months. We will automatically contact you regarding non-validated data if these criteria are met.
7. TAX, NATIONAL INSURANCE, VAT AND PUBLIC LIABILITY INSURANCE
7.1 (PURCHASER & INTRODUCER) This agreement between you and theLeadBay.co.uk is on the basis that you are in business on your own account as a self-employed agent or agency and does not create a contract of employment. You will therefore not be entitled to any holiday pay, sick pay or any other employment rights.
7.2 (PURCHASER & INTRODUCER) You understand that as you are not an employee of Digital Gorilla LTD/theLeadBay.co.uk you will therefore be responsible for all personal income tax, national insurance contributions, VAT and public liability insurance. You further agree to indemnify theLeadBay.co.uk against any liability, assessment or claim made by the Inland Revenue or any other relevant authority arising out of the performance of this agreement.
8. REGULATORY AND STATUTORY REQUIREMENTS
9.1 (PURCHASER & INTRODUCER) This agreement may be terminated without any requirement for notice by either party, any outstanding fees will remain owed if partnership is ended by any party, unless an introducer is removed for fraudulent activities.
9.2 (PURCHASER & INTRODUCER) In the case of fraudulent activity the partner in question will be removed from theLeadBay.co.uk service with immediate effect and no fees/returns shall be owed.
10. ENTIRE AGREEMENT
10.1 (PURCHASER & INTRODUCER) This agreement shall comprise the entire agreement between the parties and cancels and replaces any former agreements between you and theLeadBay.co.uk whether oral or in writing. This agreement may not be changed by oral agreement but only in writing signed by both parties.
11.1 (PURCHASER & INTRODUCER) Failure by theLeadBay.co.uk to enforce any part of this agreement will not be construed as a waiver of theLeadBay.co.uk rights under the agreement or prevent any further exercise of such rights by theLeadBay.co.uk
11.2 (PURCHASER & INTRODUCER) If any provision of this agreement shall be held illegal of unenforceable in whole or in part, such provision will be deemed not to form part of the agreement and shall not be affected.
11.3 (PURCHASER & INTRODUCER) Leads will remain the property of the introducer unless purchased by a purchasing partner.
12.1 (PURCHASER & INTRODUCER) You acknowledge receipt of this agreement and have read, understood and consent to the contents when you sign up to our service.
12.2 (PURCHASER & INTRODUCER) You accept that the definition of the word "lead" means as follows - noun: lead; a sales lead is a prospective consumer of a product or service, created when an individual or business shows interest and provides contact information" and does not in any way constitute a WRO (Work Ready Order and/or a guaranteed sale/service/install) unless clearly stated.
12.3 (PURCHASERS ONLY) By agreeing to these terms & conditions, you fully accept that your company is ONLY permitted to Survey and/or Install each client for the specific measures purchased. Failure to comply with this waiver will result in a lead fee applying of either the listed sale price of the measure installed or in line with current market rates per measure installed/surveyed/traded.
12.4 (PURCHASERS ONLY) By agreeing to these terms & conditions, you fully accept that you will not approach the homeowner for other measures available on the property other than those you have purchased and/or approach the landlord regarding other measures on other properties they own.
12.5 (PURCHASER ONLY) By agreeing to these terms & conditions, you fully accept that in the case of accepted returns you shall receive credit/s in the amount of the original purchase, this refunded credit may not be withdrawn and must be used on theLeadBay.co.uk system to purchase further leads.