Terms and Conditions
1 - BACKGROUND
1. Leadbox aims to bring responsible companies (“Customers”) and enthusiastic freelancers (“Leadspotters”) together to pitch new business opportunities (“Lead(s)”) to potential Customers. Leadbox created this website as a lead generation tool (“Platform”) where Customers and Leadspotters (you) can meet. The Platform allows Leadspotters to refer their specific Lead(s) to Customer(s). When the Leadspotter has a successful and confirmed Lead, he will receive payment from the Customer via Leadbox for that Lead (“Lead fee”).
2. By creating an account on the Platform, you sign up as a Leadspotter and agree to be bound by these binding General Terms and Conditions (“Guidelines”). If you do not agree with these Guidelines, you are not allowed to access and/or make use of the Platform. By signing up you confirm that you have reached the age of 18 years old.
3. For the sake of clarity, Leadbox solely provides a communication Platform and is not in any way responsible for the Lead and the confirmation thereof. Leadspotters will deliver their services on an independent basis and not as a subcontractor, agent or employee of Leadbox.
2 - CUSTOMER/LEADSPOTTER RELATION
1. Leadbox solely provides the Platform as a marketplace where the Customer and the Leadspotters can meet regarding possible Leads.
2. You will deliver your services on an independent basis and, for the avoidance of doubt, not as a subcontractor, employee or agent of Leadbox or Customer.
3. Communication between the Customer and the Leadspotter will always happen through the intermediary Leadbox. The Leadspotter and the Customer will therefore never be in direct contact regarding the Lead.
3 - YOUR PERFORMANCE
1. By login in on the Platform, you register with the purpose of adding specific Leads to the Platform that Customers can buy.
2. In this respect you:
a. are solely responsible for the Leads you generate;
b. are solely responsible to receive authorization from the third party confirming the Lead to give his credentials to the Customer;
c. are responsible for the confirmation of your specific Lead from the relevant third party after a Customer buys your Lead;
d. should always respect applicable law, in particular in relation to secrecy of electronic communications, confidentiality, privacy and data protection.
3. You agree to:
a. Provide complete, current and accurate information about yourself on the registration form and update this information when necessary;
b. Maintain the security of passwords, logins or other credentials that you use on Leadbox GT&C 2022 2 the Platform;
c. Notify us immediately of any breach of security or any unauthorized use of your account by emailing us at [email protected].
4 - PROHIBITED ACTIONS
1. In connection with using and/or accessing this Platform, you are not allowed to:
a. breach or circumvent any laws, third-party rights or our systems, policies, or instructions regarding the use of the Platform;
b. use or access our Platform if you are not able to form legally binding contracts (e.g., if you are under 18 years old);
c. transfer your account and user ID to another party without our consent. Each registration is for a single user only;
d. harvest or otherwise collect information about Customers or other Leadspotters without their consent;
e. copy, monitor or access any information or content on the Platform using any manual process or automated means without out express written consent;
f. copy, duplicate, amend or modify any data of the Customer, or to store any data of the Customer on your own computer systems;
g. circumvent any technical measures we use to provide the Platform; or
h. add a specific Lead or transfer information about a Lead when not having a confirmation of that Lead from the relevant third party.
Otherwise, we may at any time terminate or suspend your access to the Platform if we have reason to believe that you are abusing the Platform or are not complying with these Guidelines.
5 – LEAD FEE
1. The Customer can add the Lead that he is looking for to the Platform. The Leadspotter can answer the request from the Customer through the Platform by giving the necessary information regarding the Lead. The Leadspotter is solely responsible for verifying that his Lead is correct and has to receive confirmation from the third party confirming the Lead. If the Leadspotter does not receive such confirmation, then the transaction will not take place and Leadbox will refund the payment of the Lead fee to the Customer. After verifying the information regarding the confirmed Lead by Leadbox, the Customer has 48 hours’ time to verify whether the Lead matches his demand.
a. If this is not the case, then the Customer can reject the Lead given that there is a proven, valid reason. This means that the transaction will not take place and the Lead fee will not be paid to the Leadspotter.
b. If the Customer accepts the Lead, then Leadbox will transfer the Lead fee to the Leadspotter within fifteen (15) working days after acceptation from the Customer.
2. All Lead fees will be paid in Euros and transferred to the bank account mentioned in your Platform account. You are responsible for paying all taxes and social contributions on the Lead fee.
3. To clarify, you will only be awarded a Lead fee if the Lead is i) confirmed by the third party, ii) verified by Leadbox, iii) accepted by the Customer and iv) if you have at all times complied Leadbox GT&C 2022 3 with these Guidelines.
6 – DURATION AND TERMINATION
1. Your subscription to the Platform is for an indefinite period and will remain in full force and effect unless you, or Leadbox, terminates your subscription. Your subscription can be terminated at any moment.
2. Upon termination of your subscription, your access to the Platform will be denied and you will immediately stop using the Platform.
3. Leadbox reserves the right to discontinue your use of all or any part of the Platform, including your access to it, at any time at Leadbox’ discretion. In particular, if we believe you are abusing the Platform in any way, the personal information you entered is not correct, or you do not respect the scope and limits of your authorizations, we may, in our sole discretion and without limiting other remedies, suspend or terminate your user account(s) and access to the Platform. If we terminate your access to the Platform, we will notify you in writing to the email address you have supplied to us. Leadbox will not be liable to you or any third party for any discontinuance or restriction of the Platform.
7 - CONFIDENTIALITY AND DATA PROTECTION
1. All information you receive or get access to by using the Platform will be considered strictly confidential. Public disclosure will only be allowed upon explicit consent of both Leadbox and the Customer. You will be considered liable for all damage that can be attributed to a serious or repeated minor infringement of this confidentiality obligation.
2. You must at all times adhere to your obligations under applicable law regarding to privacy and the processing of personal data in connection with your use of the Platform. All personal data will be considered confidential and you must respect all reasonable instructions provided by Customer in relation to its data of which you become aware.
3. You may act under a pseudonym on the Platform but are obligated to fill in the correct (personal) data in your Platform account. Leadbox may disclose your real identity (i) when disclosure is required by law, by any governmental, judicial or other regulatory authority; or (ii) in the event Leadbox and/or Customer have reasonable ground(s) to believe you exceed the given authorization(s), breach these Guidelines or any term imposed by Customer, or do not operate in good faith.
4. You give Leadbox explicit consent to disclose your identity (i) when disclosure is required by law, by any governmental, judicial or other regulatory authority; or (ii) in the event Leadbox and/or a Customer have reasonable ground(s) to believe you exceed the given authorization(s), breach these Guidelines or do not operate in good faith.
8 – LICENSES AND INTELLECTUAL PROPERTY
1. Leadbox hereby grants you a temporary, revocable, non-exclusive, non-sublicenseable, non-transferable, worldwide, royalty-free license to use the Platform and access and view the content made available on the Platform. This only in good faith and within the margins of your permitted use.
2. Leadbox does not claim any ownership rights of your Lead(s). You agree that Leadbox may collect statistical and other information about your Lead(s) and forward your Lead(s) to the Customer.
3. By making any Lead(s) available through the Platform, you hereby grant to the Customer an irrevocable, non-exclusive, non-transferable, worldwide, royalty-free license to use, access, copy, reproduce, display, modify, transmit and distribute copies of that Lead, internally and externally.
4. Leadbox owns all intellectual property rights to the Platform and any services available in connection with the Platform. Except for those rights expressly granted in these Guidelines, no other rights are granted to you, either express or implied.
5. Leadbox logos and any other product name or slogan contained on the Platform are trademarks of Leadbox and may not be copied, used, in whole or in part, without the prior written consent of the applicable trademark holder. All other (registered) trademarks, company names or logos mentioned on the Platform are the property of their respective owners.
6. Any suggestions, information or comments (“Feedback”) you provide to Leadbox are nonconfidential. Leadbox shall obtain from the Leadspotter all intellectual property rights regarding the Feedback that the Leadspotter provides to Leadbox and without any compensation to the Leadspotter.
9 - COMMUNICATION BETWEEN CUSTOMER AND LEADSPOTTER
In certain events, Leadbox may communicate with you on Customer’s request and on Customer’s behalf and vice versa. Leadbox will act in good faith and transfer received communications between both parties without exceptions and without undue delay. All communications will fall under the confidentiality regime as stipulated above.
10 - YOUR LIABILITY
1. You must make sure your reports and Lead(s) do not infringe or violate a third party’s intellectual property rights, privacy and data protection rights or any other applicable law or regulation.
2. Whenever you act in violation with these Guidelines, Leadbox and the Customer will hold the right to hold you liable for the damage arising from this violation.
3. In you have a dispute with one or more Customers, you release and indemnify Leadbox from claims, demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes.
4. You are solely responsible for receiving the confirmation of your own Lead and Leadbox cannot be held responsible if i) the third party doesn’t confirm your Lead or ii) the Customer rejects your Lead. Leadbox GT&C 2022 5
5. In the event of a dispute between the Customer and the Leadspotter, Leadbox may help to facilitate the resolution thereof.
a. In the first (informal) phase, Leadbox will try to reconcile positions and may for example clarify the Lead and process to Customer at a certain time and disclose your identity details to the Customer (if this has not happened yet). Such guidance and assistance provided by Leadbox is solely informational and Leadbox does not guarantee that its assistance and guidance is complete or accurate. Leadspotter acknowledges that Leadbox is not an accredited mediator and does not provide legal advice. The purpose of this assistance is solely to reconcile positions and to clarify the operation of the Platform to all parties.
b. In the event the Customer and the Leadspotter do not reach an agreement within two weeks of Leadbox’ first intervention, the courts of Antwerp (section Antwerp) will have sole jurisdiction for any claims or disputes. Your relationship with the Customer will be governed by Belgian law.
11 - OUR LIABILITY
1. We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of, or access to our Platform. Updated information and notifications may not occur in real time and be subject to delays beyond Leadbox’ control.
2. You agree that you are accessing the Platform at your own risk, and that it is being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
3. You understand that Leadbox cannot be held liable in relation to your Leads, your services, the services of other Leadspotters and/or any information or content made available on the Platform by other users, such as the Customers. Leadbox solely provides a Platform where Customers and Leadspotters can meet.
4. Leadbox is not liable to you for any and all damages, claims, proceedings, expenses and costs in relation to: i) any consequential/indirect losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, and/or services interruptions) and ii) any unauthorized or unlawful use of the Platform, information and/or other material received by or submitted to you on the Platform.
5. The Leadspottershall indemnify and hold Leadbox harmless against any claim from a third party against Leadbox directly or indirectly related to the Leadspotter’s omission to obtain such third party’s valid and full consent to transfer the Lead to a potential Customer.
6. Regardless of the previous paragraphs, if Leadbox would be found liable, our liability to you or to any third party is limited to the greater of (a) any Lead fees due and/or paid by Leadbox to you during the last twelve (12) months prior to the event giving rise to the liability; or (b) 1.000,00 EUR.
12 - GENERAL
1. All disputes arising from these Guidelines will be governed by Belgian law and will be Leadbox GT&C 2022 6 submitted to the competent courts of Antwerp, section Antwerp. Parties are committed to resolve disputes as much as possible in mutual consent.
2. You are not an employee, contractor or agent of Leadbox, but are an independent third party who wants to pitch possible Leads to Customers and connect with those Customers through the Platform. Under no circumstances shall Leadbox be considered to be your employer, nor shall you have any right as an employee, agent or subcontractor of Leadbox.
3. Leadbox may transfer or assign ownership of and benefits of these Guidelines to a third party at any time without your explicit consent.
4. The nullity of one of the provisions in this Agreement shall have no effect whatsoever on the validity of the other clauses, despite the nullity of the disputed clause. The parties shall make every effort to replace the invalid clause with a valid clause with the same or largely the same economic effect as the invalid clause. Not claiming of a right or not applying a sanction by one of the parties shall in no way apply a waiver of rights.
5. Regardless of the nature of and/or value of the legal act to be proven, each party can at all times prove this by means of the following additional evidence: copies or reproductions in any form whatsoever (photocopies, scans,…), via data carrier, fax, sms, logs, email etc. Such evidence has the same evidential value as a private deed drawn up in accordance with the provisions of the (Belgian) Civil Code.
13 - UPDATES
We may update these Guidelines from time to time. The most current version of the
Guidelines will always be available at this page. If we make
significant changes that could substantially alter your obligations, we will ask you to accept
these changes when logging onto the Platform.