1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Electrogen ("Company," "we," "us," or "our") regarding your use of our lead generation and social network advertising services.
By accessing our website, submitting contact forms, or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
2. Description of Services
2.1 Lead Generation Services
Electrogen provides advanced lead generation services that include:
- AI-powered lead qualification and scoring
- Multi-channel advertising campaign management
- Social network integration and targeting
- Campaign analytics and optimization
- Custom audience development and management
2.2 Service Qualification
Our services are provided on a qualification basis. We reserve the right to:
- Review and assess client suitability for our services
- Decline service provision if requirements do not align with our capabilities
- Modify service offerings based on client needs and market conditions
3. Pricing and Payment Terms
3.1 Pricing Structure
Our pricing is based on qualified leads delivered, with rates varying by advertising channel:
- Standard Tier: $40 per qualified lead
- Professional Tier: $50 per qualified lead
- Enterprise Tier: $60 per qualified lead
3.2 Lead Qualification Criteria
A "qualified lead" is defined as a prospect who:
- Meets your specified demographic and firmographic criteria
- Has demonstrated genuine interest in your products or services
- Has provided accurate and verifiable contact information
- Has consented to be contacted regarding your offerings
3.3 Payment Terms
- Payment is due within 30 days of invoice date
- All prices are in USD unless otherwise specified
- Late payments may incur additional fees as permitted by law
- Disputed charges must be reported within 30 days of invoice date
4. Client Responsibilities
4.1 Information Accuracy
Clients are responsible for:
- Providing accurate and complete information about their business
- Clearly defining target audience and qualification criteria
- Maintaining current contact information and preferences
- Promptly notifying us of any changes to requirements
4.2 Compliance
Clients must ensure their business and marketing practices comply with:
- All applicable local, state, and federal laws
- Industry-specific regulations and standards
- Platform-specific terms of service for social networks
- Data protection and privacy regulations
4.3 Lead Follow-up
Clients are responsible for:
- Timely follow-up with provided leads
- Professional and ethical treatment of prospects
- Maintaining appropriate records of lead interactions
- Respecting prospect preferences and opt-out requests
5. Service Level Commitments
5.1 Lead Quality
We commit to:
- Delivering leads that meet agreed-upon qualification criteria
- Providing accurate and up-to-date contact information
- Ensuring leads have consented to be contacted
- Replacing leads that do not meet quality standards
5.2 Delivery Timeframes
- Campaign setup: 7-14 business days
- Initial lead delivery: Within 14 days of campaign launch
- Ongoing delivery: As specified in service agreement
- Reporting: Monthly performance reports
5.3 Support
- Email support response within 24 hours
- Phone support during business hours (9 AM - 5 PM CT)
- Dedicated account management for Enterprise clients
- Regular campaign optimization and consultation
6. Intellectual Property
6.1 Company IP
All proprietary technology, algorithms, processes, and methodologies used in our services remain the exclusive property of Electrogen.
6.2 Client Materials
Clients retain ownership of their:
- Brand assets, logos, and marketing materials
- Product information and descriptions
- Customer data and contact lists
- Business processes and methodologies
6.3 License Grant
Clients grant Electrogen a limited license to use their materials solely for the purpose of providing agreed-upon services.
7. Data Protection and Privacy
7.1 Data Handling
We are committed to protecting all data in accordance with:
- Our Privacy Policy
- Applicable data protection regulations
- Industry best practices for data security
- Client-specific data handling requirements
7.2 Data Retention
- Lead data is retained for the duration of the service agreement
- Campaign data is retained for reporting and optimization purposes
- Data deletion requests are honored within 30 days
- Backup data may be retained for up to 90 days
8. Limitations of Liability
8.1 Service Limitations
While we strive for excellence, we cannot guarantee:
- Specific conversion rates or sales outcomes
- Uninterrupted service availability
- Compatibility with all third-party platforms
- Results in all market conditions
8.2 Liability Cap
Our total liability for any claims arising from our services shall not exceed the total amount paid by the client in the 12 months preceding the claim.
8.3 Excluded Damages
We shall not be liable for:
- Indirect, incidental, or consequential damages
- Lost profits or business opportunities
- Data loss or corruption
- Third-party claims or actions
9. Termination
9.1 Termination by Client
Clients may terminate services with:
- 30 days written notice
- Payment of all outstanding invoices
- Completion of any ongoing campaigns
9.2 Termination by Company
We may terminate services for:
- Non-payment of invoices
- Violation of these Terms
- Illegal or unethical business practices
- Failure to provide required information
9.3 Effect of Termination
- All outstanding payments become immediately due
- Access to services and data will be discontinued
- Confidentiality obligations continue indefinitely
- Data deletion will occur as specified in our Privacy Policy
10. Dispute Resolution
10.1 Informal Resolution
We encourage clients to contact us directly to resolve any disputes or concerns before pursuing formal legal action.
10.2 Arbitration
Any disputes that cannot be resolved informally shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association.
10.3 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.
11. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to:
- Natural disasters or extreme weather events
- Government actions or regulatory changes
- Internet or telecommunications failures
- Third-party platform changes or outages
- Labor disputes or strikes
12. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon:
- Posting updated Terms on our website
- Email notification to active clients
- 30 days notice for material changes
Continued use of our services after changes constitutes acceptance of the modified Terms.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.
14. Entire Agreement
These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.
15. Contact Information
For questions about these Terms or our services, please contact us:
We will respond to your inquiry within a reasonable timeframe during normal business hours.