The following terms and conditions are set out herein to form the agreement for our lead generation services.
Your attention is drawn to the following terms & conditions. By using our services in any capacity, it is deemed that you have read, understood and accepted these terms & conditions.
The supplier of the services is PLM Digital, a trading name of PLM Digital Ltd. Registered office 9/F Amtel Building, 148 Des Voeux Road, Central, Hong Kong. Registration Number 2170932 (Hong Kong)
The following terms & conditions form the basis of the contract between PLM Digital (“Us”) and You (“The Customer”) unless otherwise agreed differently in writing.
1.1 PLM Digital shall be responsible for supplying phone call and email leads generated via one of our custom built websites. We will supply our leads directly to our clients via telephonic forwarding to a business telephone number(s) and via direct email forwarding.
1.2 PLM Digital shall provide business lead generation services in return for payment of successful business leads. This will fall in line with a pre-arranged pricing structure which is agreed before commencement of any such service. We shall monitor and record each phone and/or email enquiry which in turn will be provided to you in a comprehensive monthly report for ultimate transparency.
1.3 PLM Digital shall provide all maintenance and upkeep for its websites including content, marketing and images in order to ensure maximum visibility within specific niche markets and internet search engines. Should you require changes to content or services within one of our sites, you must make a written request to the admin team for review. Any changes will be subject to approval by PLM Digital.
1.4 Our technical teams will do everything possible to generate the maximum number of business leads, however, PLM Digital cannot guarantee exact positioning within specific search engines, nor can we guarantee the exact amount of leads that will be generated on a monthly basis.
1.5 PLM Digital provides a business lead generation service and will not enter into profit sharing agreements. Due to numerous factors, we cannot be held responsible for the amount of business an individual or company successfully generates or “closes” as a result of using our service(s).
1.6 PLM Digital will not charge a fee if a website is unsuccessful in generating business leads.
1.7 PLM Digital reserves the right to withdraw its service(s) due to breach of the following terms and conditions:-
2.1 The customer shall:
(a) Provide PLM Digital with:
(i) All necessary cooperation relating to the service(s).
(ii) A valid phone number and email address for the purposes of forwarding business leads.
(iii) A valid company address and contact person for billing purposes.
(b) Agree a payment plan for successful leads generated and settle all invoices due on time and to the full amount specified.
(c) Maximise their own business opportunities by answering all telephone and email enquires promptly and professionally.
2.2 The customer shall inform PLM Digital immediately of any issues relating to technical malfunction, quality control or any other reasons that may affect the websites operation.
2.3 The customer accepts full responsibly for answering business phone calls and leads generated via one of our websites.
2.4 The customer agrees not to divulge business related information regarding PLM Digital, its agents, its employees or its services to any 3rd party in relation to infringement of intellectual property rights.
2.5 By agreeing to receive leads generated via one of our websites, the customer is bound by the aforementioned Terms & Conditions set out within this document. Breach of these conditions may result in the service(s) being suspended and/or terminated.
3.1 There are no upfront payments or set up fees for our service(s). Payment for our services is via a pre-arranged payment structure. Unless otherwise agreed, our services are charged on a “per lead basis”. There is no charge for a site that does not generate leads. A payment structure will be agreed before or during any trial period. Any alterations to this payment structure will be communicated in writing in accordance with section 6.1 of these Terms & Conditions.
3.2 Payments for all services run on a monthly cycle, billable on either the 1st or the 15th of every month and runs for a consecutive period of either 30 or 31 days (depending on the month). Pro-rata allocations are given to new customers on their first bill. The invoice date is dependent on when the service commences. If you wish to specify a preference in your billing date, please contact the accounts team ([email protected]) or speak directly with your account manager.
3.3 PLM Digital works on a 30 day credit period. Customers will not be charged any fees in advance of leads being received. For this reason, prompt attention to our invoices is required. Customers are charged only for business leads and services received and not for future business leads.
3.4 Invoices are due on receipt. A grace period of 3 working days from the date of the invoice will be granted. Failure to pay within 7 days from the billing date will be subject to a full service suspension. During a suspended service, you will not be able to receive phone calls or emails generated via our websites but may still be charged. In this instance, you will be notified by the accounts team via email and immediate attention to your outstanding invoice is required to ensure you continue to benefit from our service(s).
3.5 A reconnection fee of $50.00 USD will be applied to all overdue accounts of 7 working days or more. In certain circumstances, this fee may be waived through prior arrangement which must be made and approved directly with your account manager or the accounts team in advance of reconnection.
3.6 Suspended services will be reactivated only following settlement of an outstanding invoice in full or via a pre-arranged re-payment plan with your account manager or the accounts team. In some cases, it may be necessary to warrant a signed declaration of the repayment plan or promise to pay.
3.7 Non communication with respect to outstanding invoices will be deemed as breach of these terms & conditions and will result in service termination. Furthermore, reactivation of the service(s) will be at the sole discretion of the PLM Digital Senior Management Team.
3.8 All accounts that have not been settled after a period of 14 working days from receipt of the invoice will, at the discretion of PLM Digital, be subject to permanent termination of all services unless prior agreement is reached with the accounts team. In the event of service termination, PLM Digital reserve the right to offer the website or service to another customer. PLM Digital will not be held responsible for any loss of business due to this action being taken.
3.9 Acceptable Payment Methods:
(a) Via Paypal – This is our preferred method of payment. You will need to have set up and verified a paypal account.
(b) Via Credit or Debit card payment. We are able to accept all major credit cards via online transactions or over the phone. A 2% transaction charge will apply if paying by credit or debit card.
(c) Via Western Union or MoneyGram transfer. Please contact your account manager if you wish to utilise this payment option. The customer is liable for any fees associated with this payment method.
(d) International Bank Transfer (IBT) – Account details, IBAN, BIC and SWIFT codes can be found on your invoice.
3.10 Any discrepancies with invoices must be made in writing to [email protected] or your account manager within 48 hours of receiving an invoice.
3.11 If you are unable to settle an invoice within the required timescale, it is imperative that you contact your account manager or the accounts team immediately to avoid disruption to your service and or further action being sought to recover the amount owing.
3.12 At our discretion and in the event that an invoice or account remains unsettled, PLM Digital may appoint an external debt collection agent to recover all monies owed in full. This type of action can and will include advice and guidance from a qualified legal representative. The customer will be liable for any subsequent fees associated with this type of action.
3.13 Any actions taken by PLM Digital with regard to non-payment of outstanding invoices will be clearly communicated in writing or via email to the relevant party/company and will be kept on file for future reference.
4.1 As standard, PLM Digital does not operate a contractual period for any services rendered unless previously agreed with your account manager.
4.2 As a customer of PLM Digital, you are not bound by any contractual period for any specific length of time. Our service(s) operates on a week by week basis. Each individual or company utilising our service(s) will be subject to the Terms & Conditions set out herein and the cancellation policy as outlined in section 5.1 and 5.2 of these Terms & Conditions.
4.3 Through a pre-arranged agreement, we may choose to enter into an exclusivity period for certain sites, companies or individuals. Details regarding this type of contract will be customised to an individual’s requirements and a separate, signed contract will be required, usually for a period of 12 months or more. All customised contracts will be bound by the Terms & Conditions set out herein unless expressly specified in advance. Written terms of each individual contract will be supplied in such cases and in some circumstances may supersede the Terms & Conditions within this document. Such contracts will be approved and signed by your account manager.
4.4 Any contracts agreed and signed in writing must be fulfilled. Cancellation or non-payment before contract expiry will result in us seeking action to recover the full remaining amount of any such agreement. Upon ending a pre-defined contract, the 7 days’ notice period is required as set out in section 5.2 of these terms & conditions
5.1 You have the right to cancel anytime within the first 5 days of engaging our services without charge.
5.2 If you wish to cancel any time after your first 5 working days of service, a 7 working days’ notice is required. You will be charged for all leads (via phone and/or email) during your cancellation period and a final invoice will be sent for all services rendered.
5.3 A final invoice will be sent for all business leads generated up to and including your last full day of service. Final invoices must be paid in full to complete the cancelation process.
5.4 All cancellations must be made in writing to [email protected].
6.1 From time to time, it may be necessary to adjust the pricing structure of our services due to increased costs, inflation, changes to call charges or other factors that affect price. In such cases, the customer will be notified in writing at least 30 days prior to any change taking effect.
6.2 Customers that have entered into a fixed term contract for our services will not be effected by any changes to their service or pricing structure during the contractual period.
6.3 Any proposed changes to the way specific services are run and the outcome of such services will be notified to the customer in writing at least 30 days prior to changes taking effect.
7.1 Customers wishing to dispute their invoice for services rendered must do so in writing to [email protected]
7.2 Any customer wishing to dispute an invoice must do so no later than 48 hours from the date the invoice was issued. Disputes arising after this time will be deemed void.
7.3 Any dispute regarding the service(s) or websites of PLM Digital must be made in writing to [email protected] and will be investigated by a member of the team. A resolution will be provided no later than 30 days after receiving such disputes.
7.4 Refunds will only be issued if PLM is found to be in breach of these Terms & Conditions and will be subject to a full investigation into the claims for the refund.
7.5 Refunds that are approved will be issued within 30 days.
7.6 Active customers may receive a credit to their next invoice if a refund for full or partial service is approved.
8.1 PLM Digital reserves the right to terminate or suspend any service, without warning for any breach of these Terms & Conditions including but not limited to:
(a) Late payment of invoices.
(b) Non-Payment of Outstanding invoices of 14 working days or more.
(c) Due to non-communication or negligence from the customer.
(d) Failure to cooperate with any reasonable request issued by PLM Digital.
9.1 If any personal information is passed to PLM Digital, both parties shall agree that the customer is the Data Controller and that PLM Digital is the data processor.
9.2 PLM Digital will:
(a) Process personal data only in accordance with instructions from the customer.
(b) Process the personal data only to the extent, and in such manner, as is necessary for the provision of the services or as is required by law or other governing body; and
(c) Implement appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing or loss, destruction, damage, alteration or disclosure.
9.3 PLM Digital does not share personal information with any third parties, nor does it loan or sell any customer data under any circumstances.
10.1 Use of the service(s) offered by PLM Digital are subject to adherence to the Terms & conditions set out herein.
10.2 Each website owned by PLM Digital is subject to copyright. Use of any website content, logos or images for customers own use is strictly prohibited unless express written consent is given from PLM Digital. This includes using any property owned by PLM Digital for customers own websites, outgoing emails or online publications. Please contact your account manager for further information on limitations of site use and copyright protection.
10.3 Re-selling of leads to third parties can be considered but must be approved with your account manager prior to any agreement the customer forms with a third party.
10.4 No individual or company is authorised to act on the behalf of PLM Digital, its employees or its agents without express written consent from PLM Digital’s Directors.
10.5 By agreeing to use our services in full or through a trial period, you acknowledge that you have read and understood the Terms & Conditions set out herein and; unless otherwise agreed in writing, forms the basis of the contract between PLM Digital (“Us”) and You (“The Customer”). Supplying your phone number and/or email address for use on our service(s) is deemed acceptance of these Terms & Conditions and all customers will be billed accordingly.
10.6 Billing to all customers will continue until:
(a) The customer gives notice of cancellation (see section 5.1 & 5.2 of these terms.)
(b) The service is suspended or terminated due to breach of these Terms & Conditions.
11.1 In order to use our service(s) you will be required to provide a business telephone number to receive business leads via one of our websites. A mobile or landline number (or both) is permitted with the following limitations:
(a) We discourage the use of MTN mobile phone numbers for the purposes of call forwarding.
(b) The use of MTN mobile numbers/networks may be granted by your account manager however, a surcharge will apply. Any surcharges imposed will be communicated to the customer during the sign up process. Please note that this surcharge will be subject to change at our discretion but will always be communicated to the customer prior to any change taking effect.
12.1 PLM Digital accepts no responsibility for loss in any form due to use of their service(s). We accept no liability for damages in any financial capacity due to use of this or any future service(s) offered by PLM Digital, its partners or its agents.
12.2 All websites remain the property of PLM Digital.
12.3 Any changes to these aforementioned Terms & Conditions will be communicated in writing to all active customers.