General Terms & Conditions
When you sign a contract with Leadengine you agree to all these general terms and conditions of doing business. Same is also mentioned as a weblink in every invoice that is sent to you.
General Terms & Conditions
1. All payments are non-refundable.
2. Invoice is due on notice. If you initiate a 3-month pilot contract and stop the work post one month or within the contract period citing funds or any other issue, you will have to pay the balance in full + 8% interest for delay in making payment and finance charges of 3 months calculated with as miscellaneous fee exactly half of the agreed project fee. Thus, you cannot use any of our messaging, mailer, mailbox , name , contacts, company that we prospected for you. These are are our work product and any use will be termed as breach of the contract - email, invoice or one pager. Leadengine has the right to seek damages and claim financial compensation. 3 months contract once signed, cannot be terminated under any circumstances from your side unless there is no activity on the ground. Likewise, contract cannot be terminated post 3-months time frame due to significant pipeline/sales activity.
3. Any delay in payments would lead to stopping the work. Delayed payments beyond 1 week would lead to 10% interest on the outstanding amount.
4. Non payment of invoice for more than a month would lead to closure of the Assignment and the advance paid will be forfeited.
5. Assignment cannot be put on hold or stopped for any reasons whatsoever. If put on hold or stopped, all the above mentioned points will come into effect.
6. You as a client are paying for efforts and not results - Leadengine is with all good intent can identify a prospect with need/needs but ultimate proposition, pricing, negotiation, technical finesse is your responsibility. Leadengine does not take any responsibility for losing a prospect. Leadengine will still count as a definite opportunity/revenue loss.
7. Leadengine is not number focused as we are not a typical lead generation agency. We are a sales acceleration firm helping clients worldwide in reducing sales cycles by offering them leads that satisfy criteria's to be called opportunity based leads. Hence, helping you sell better is the ultimate objective. As a client, you cannot cite number of leads as an issue any day to stop the work or payment. If you do so, Leadengine reserves the right to seek damages and remuneration that is due.
8. Contract dates and timelines are final and non negotiable - Contracts or timelines cannot be extended or, service will be offered free. Whether you see results or not, all services are payable and we will not compromise.
9. All disputes will be dealt in courts in Chennai, India no matter where the client resides.
10. GST is absolutely a payable component and is a separate fee thats payable to government. Service rendering fee is a fee that you pay to us and hence cannot be included within the service cost at any times. Invoice will clearly specify the service cost and gst payable separately and client needs to pay the same. GST is a process that is handled by the outsourced finance firm and hence delays are part of the process for getting the audit process completed. Hence, pending GST or any issues related to optimization of the same cannot be cited as an excuse to with-hold the payment. If payment is with-held then work will be stopped without any further communication. We will file returns ONLY when the payments are cleared in full.
11. Online excel sheet is the Assignment/Campaign/work related report thats made available on the internet 24/7 and we will not follow or adhere to any other reports - Client needs to check all updates online for the weekly/fortnightly calls.
12. Under no circumstances, you can directly or indirectly hire or, use any of our resources as consultants or as freelancers during the project or till 12-months. If you do so, you will have to pay 12-months equivalent fees of the project to Leadengine.
13. Listing shared will not include emails - if you need with emails for your internal use, you can buy the list at extra cost
14. Comprehensive update calls will only happen once in a fortnight. Weekly and daily touch base calls are not practiced due to the fact that we are in the process trying to unearth opportunities for clients and not just setting up appointments. Any critical updates will be shared via email to the respective SPOCs same day itself.
15. Micro-management/Misbehavior with any of the Leadengine team members will not be tolerated and lead to shutting down of the project with immediate effect. We are here to help you enhance your business, hence teamwork and mutual respect is what we desire for!
16. Last 2 weeks of December and first 2 weeks of January will be non-working weeks and none of the geographies will be called or marketed with no update calls whatsoever and invoice being paid in full. No emails, respective SPOCs or any support staff will be reachable or will respond.
17. Once activity is put on hold due to non payments, apart from late fee, reactivation fee will be charged and will be of 1-months invoice value and the terms and expectations resetting will done as a addendum to the contract. Time lost will re-factored in the contract. All access to the Online Sheet, Activity, Pipeline, Leads, Forecasting will be shut off and no meetings will be done or, will be entertained. Likewise, Resources will be re-assigned to other projects.
18. Online sheet and its contents are property of Leadengine. Any contacts or accounts that are being shared with you is our work product and if you bypass us and without our knowledge if you pursue it, then we have the right to seek 15x times the fees agreed as damages. You cannot chase that account or contact the decision maker on your own.
19. If you do not honour monthly payments and agreed terms, termination, NDA or, any custom clauses, therefore, are not applicable. Assignment will be closed post 1 month of non payment and will have no grounds for any legal remedy or action. If legal route is exercised, then, Leadengine has the right to seek 10X damages, pending payments and court fees.
20. Scope mentioned in the contract is everything and promotional emails or verbal promises will not have any value. For any dispute relating to work deliveries, contract scope will be the final deciding factor. Any conflicts, you need to deal directly with the contract signatory only. No new request will be entertained.
21. We have the right to decline a face-to-face meeting especially during the pandemic and only virtual meetings will be entertained.
22. Technical incompetency on calls, presentations, discussions with or, during the discovery, requirements, proposition calls is purely to do with the Client and his team, We are not to be held responsible. Neither will we assume the technical role nor we will assist you in any preparing or suggesting anything technical. Anything that we suggest will be purely from business standpoint. For example, A technical presentation is being asked by the client to understand - Execution Model or, a Business Case in a revolutionary segment, then expecting us to perform that role is against the very contract and will NOT be done at any cost.
23. No undue sales pressure will be tolerated. Contract stands cancelled for any undue pressure put or spoken ill or treated without respect.
24. Post contract sign up - Clients seeking assistance by their friends, advisors and getting influenced by them - your friends, advisors who does not know the ground reality and force you and us to turn the direction of a campaign, or try to drive through you, write your emails, be in the hiding and overhear the strategy on a call or shared emails, implement multiple riders, show stoppers or, ask for more and more info, we will STOP the campaign, cancel the contract, charge you for all the work in-terms of listing and messaging. If it is proved that you were indeed seeking and were influenced by your friends and advisors, we will sue you and your friends, advisors, their firms in the US and INDIAN courts. Out of court settlements will be 15 times the campaign cost agreed both in USD and INR paid by you as 1st payment and your friends/advisors as 2nd Payment.
25. We will not share the listing in entirety - You want the full list you have to pay for it. Period.
26. Leadengine reserves the right to make changes, modify, delete, add new clauses as and when they encounter unruly, unethical customers or in general.