GENERAL TERMS AND CONDITIONS OF LEADGEN-Z

1. Definitions and terms
"LeadGen-Z" or "we" or "us" means MS Online Services, a Dutch company registered under UIC 80538681, with correspondence address Grootgenhouterstraat 58, 6191NT, Beek, The Netherlands, e-mail: info@leadgen-z.com, and website: https://leadgen-z.com."

Billing Cycle" means any period of 30 calendar days of uninterrupted use of the Services under the Contract, unless extended as per these Terms, which shall be charged to the Client.

"Campaign" means an online marketing campaign aiming to promote the Client’s business and to be used for the collection of Leads.

"Client" or "you" means the intended contracting party engaging the Services provided by LeadGen-Z under a Contract.

"Contract" means the agreement entered into between LeadGen-Z and the Client for the provision of Services pursuant to the terms of the Proposition and/or any individual contractual terms, governed by these Terms.

"Leads" means potential customers or partners to your business whose contact information and details LeadGen-Z provides to the Client pursuant to the Contract."Parties" means LeadGen-Z and the Client.

"Proposition" means the individual offer made by LeadGen-Z to the Client for provision of the Services, including details about the Services for the Client’s business, pricing, and other individual terms.

"Services" means our marketing services for managing targeted online ads for the Client’s business on social media, collecting data from potential customers who wish to be contacted by the Client, data analysis, advertising optimization, and delivering Leads to the Client.

"Terms" means the current General Terms and Conditions, as amended from time to time.

2.Scope of these General Terms and Conditions

2.1. These Terms represent a legal and binding agreement governing the contractual relationship between LeadGen-Z, a marketing service provider, and you, our Client, engaging our Services for your business.

2.2. These Terms form the main legal framework of our Contract with the Client, as amended from time to time and available at: https://www.leadgen-z.com/terms. By accepting our Proposition, you also accept to be bound by these Terms and any amendments hereof and to adhere to them.

2.3. Any specific terms that deviate from these Terms must be explicitly agreed upon in writing by the Parties.

3. Proposition and entering into the Contract

3.1. LeadGen-Z shall send the Client an individual Proposition after initial discussions regarding their business and targets and before entering into the Contract. The Proposition shall include, among other things, the proposed pricing and any individual terms.

3.2. The Parties enter into the Contract only after the Client processes the payment link provided for the services outlined in the terms and conditions by LeadGen-Z and confirms agreement to the terms and conditions during the payment process.

3.3. The Proposition shall be valid for 14 days after it was sent unless otherwise specified. LeadGen-Z shall be bound by the terms included in the Proposition, provided the Client confirms it before the 14-day expiration. If confirmed after the 14-day period, LeadGen-Z reserves the right to revoke or amend the Proposition, which would then be considered a new Proposition with a new 14-day acceptance period.

3.4.1. If explicitly included in the Proposition, LeadGen-Z may offer the Client a guarantee of 30 Leads during the first Billing Cycle, meaning it undertakes to provide the Client with at least 30 Leads by the end of the Billing Cycle or refund the service fee if it fails to do so.

3.4.2. The Client shall not be entitled to a refund of the service fee under the first invoice if LeadGen-Z's failure to provide a minimum of 30 Leads results from a Campaign interruption caused or requested by the Client during the first Billing Cycle, regardless of the reason. In such cases, LeadGen-Z retains the full amount paid by the Client unless otherwise agreed by the Parties.

3.5. The Parties agree that all documents signed with simple electronic signatures shall be deemed to be signed by hand and will be binding for them.

3.6. These Terms shall be considered incorporated by reference into the Proposition and shall apply to the concluded Contract unless explicitly excluded by the Parties in writing.

4. Services and performance of the Contract

4.1. LeadGen-Z provides the Client with Leads in the form of information submitted by potential customers through an online form via a landing page, Facebook Lead Ads, or other social media or online platforms maintained or administered by LeadGen-Z. The information collected shall be considered a Lead if it contains a minimum of name, phone number, and email.

4.2. The information collected by LeadGen-Z is agreed with the Client before the start of the Campaign. During the Campaign, the scope of collected information may be changed by request of the Client or by proposal of LeadGen-Z for optimization, confirmed by the Client. LeadGen-Z retains the right to refuse to collect additional information not covered by a separate agreement.

4.3. LeadGen-Z will perform Services to the best of its knowledge, abilities, and expertise, but cannot guarantee that work under the Contract will achieve the Client’s desired business development results.

4.4. LeadGen-Z makes no representation or warranty regarding the accuracy or sufficiency of the personal data provided by the potential customer.

4.5. We will collect Leads for your business through social media ads targeted to an audience of people who may be potential customers for your business.

4.6. LeadGen-Z will provide the Client with the collected information via email or direct implementation in the Client's CRM system, if compatible with Zapier (custom CRM integration is not guaranteed).

4.7. Services provided include:
● Daily evaluation and ongoing optimization;
● Creation and management of a landing page;
● Set-up of advertising Campaigns on Facebook, Instagram, or other social media;
● Connection to your email, calendar, or CRM system upon request;
● Monitoring Lead quality and seeking feedback;
● Evaluation meetings with the Client twice monthly upon request.

4.8. The Services do not include follow-up communication with the Leads; the Client is responsible for using the information provided.

4.9. Upon Client request, LeadGen-Z may propose additional services for contacting and communicating with Leads, subject to a separate contract.

4.10. The Client shall provide LeadGen-Z with necessary information, materials, and access to its social media accounts as reasonably requested.

4.11. The Client acknowledges that the Leads are collected for Campaigns related to their business, products, and services, and may not be used for unrelated purposes. Misuse of data is solely the Client's responsibility.

4.12. The Client may request LeadGen-Z to pause the Campaign after the first Billing Cycle, which will resume upon the Client’s confirmation via email.

5. Client’s Obligations and Responsibilities

5.1. The Client is responsible for ensuring all information, materials, and access permissions provided to LeadGen-Z are complete, accurate, and up-to-date for effective service delivery.

5.2. The Client agrees to comply with applicable laws, including privacy and data protection laws, in relation to any personal data received through the Leads provided by LeadGen-Z.

5.3. The Client acknowledges that Leads are solely intended for their business development purposes and shall not be shared, sold, or transferred to any third party without LeadGen-Z’s prior written consent.

5.4. The Client is responsible for implementing effective procedures and safeguards to secure any data received from LeadGen-Z to prevent unauthorized access, disclosure, or misuse.

6. Fees, Invoicing, and Payment Terms

6.1. The Client agrees to pay the fees as outlined in the Proposition, with payments processed in advance for each Billing Cycle. All fees are non-refundable unless otherwise stated in these Terms.

6.2. LeadGen-Z will issue invoices at the beginning of each Billing Cycle. Payments are due within 14 days of the invoice date unless otherwise specified in the Proposition or Contract.

6.3. If the Client fails to pay the invoice by the due date, LeadGen-Z reserves the right to:Suspend or terminate the Campaign and the provision of Services until payment is received; orCharge late fees in accordance with Dutch law.

6.4. Any disputes related to invoiced amounts must be submitted by the Client within 10 days of the invoice date. Failure to dispute an invoice within this period will be considered as acceptance of the invoiced amount.

7. Term and Termination

7.1. The Contract term shall begin on the date of acceptance of the Proposition and shall continue for successive Billing Cycles until terminated by either Party under these Terms.

7.2. Either Party may terminate the Contract at the end of any Billing Cycle by providing at least 14 days’ written notice before the next Billing Cycle begins.

7.3. LeadGen-Z reserves the right to terminate the Contract immediately if:The Client breaches these Terms and fails to remedy the breach within 14 days of notice;Payment for Services is delayed beyond the due date; orLegal or regulatory changes restrict the provision of the Services.

7.4. Upon termination, the Client shall immediately cease using any Leads or materials provided by LeadGen-Z, and any outstanding payments shall become due.

8. Limitation of Liability

8.1. LeadGen-Z shall not be liable for any indirect, special, consequential, or punitive damages, including lost profits, arising from or related to the Contract.

8.2. LeadGen-Z’s total liability under this Contract, whether in contract or tort, shall not exceed the amount paid by the Client during the previous Billing Cycle.

8.3. LeadGen-Z shall not be responsible for any delays, interruptions, or failures in performance caused by circumstances beyond its reasonable control, including technical issues or changes in third-party platform policies (e.g., Facebook, Instagram).

9. Confidentiality

9.1. Both Parties agree to keep confidential any proprietary or confidential information received in relation to the Contract and to use it solely for fulfilling their obligations.

9.2. This obligation remains in effect after the termination of the Contract.

10. Data Protection and Privacy

10.1. LeadGen-Z will process personal data in accordance with Dutch and European data protection regulations.

10.2. The Client shall remain the data controller for any Leads provided and is responsible for handling such data in compliance with applicable data protection laws.

11. Amendments

11.1. LeadGen-Z reserves the right to modify these Terms, which will be posted on our website. The Client’s continued use of the Services after an amendment will constitute acceptance of the new Terms.

11.2. Any specific amendments or deviations from these Terms must be agreed in writing between the Parties.

12. Governing Law and Jurisdiction

12.1. These Terms and any Contract between LeadGen-Z and the Client shall be governed by and construed in accordance with the laws of The Netherlands.

12.2. Any disputes arising out of or in connection with the Contract shall be subject to the exclusive jurisdiction of the competent courts in The Netherlands.

13. Miscellaneous

13.1. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.2. These Terms, together with the Proposition and any individual agreements, constitute the entire agreement between the Parties and supersede any prior communications or agreements.

Contact Information

For any questions or concerns related to these Terms or the Services provided, please contact LeadGen-Z at info@leadgen-z.com.

By accepting our Proposition, you acknowledge and agree to these General Terms and Conditions.