Terms and conditions for clients of the lead generation service.

I. Definition of terms

Provider: PROCOMPARE (PTY) LTD, 604 Buitenkloof studios, 8 Kloof street, Cape Town, Western Cape, 8001

Client: A company or an individual that ordered the lead generation service at PROCOMPARE (PTY) LTD.

Customer: A company or an individual that uses the procompare.co.za service or other services provided by PROCOMPARE (PTY) LTD for submission of inquiries and acquisition of offers by clients.

Lead generation is a service of referral of inquiries and contacts of clients interested in provision of a service.

The client and the provider find that the client ordered the lead generation service from the lead generation service provider (hereinafter services). The service comprises lead generation in the scope provided in the purchase order.

II. Prices and payment

The service of submission of inquires is available to customers free of charge.

The client and the provider agree that for each provided service the client shall pay an amount stated on the purchase order or on the official price list. The prices do not include VAT.

The client is obligated to reply to an individual lead within 5 business days via e-mail.

The price for an individual provided lead generation service may vary. The service provider must inform the client of each change in prices via e-mail at least three days prior to starting charging new prices for the service. It shall be deemed that the client agrees with the new price in case it does not contest it in writing within 3 days of receiving the notification on the price change.

The service provider shall issue the client an invoice for provided lead generation until 15th day of the current month for the previous month with payment deadline of 8 days. The client is acquainted with the fact that in case of non-payment within the deadline the service provider shall issue a payment reminder with statutory late payment interest.

III. Lead generation

The service provider independently decides in what manner it will generate leads. The provider makes no guarantees regarding the scope or content of generated leads. The provider refers to data provided by the customers.

The provider shall not be responsible for possible technical issues which would prevent the client to receive leads. The client shall be obligated to pay the price of provided leads and not the price of received leads.

The client is hereby warned that lead generation does not mean sales generation and that the service provider does not guarantee that third parties and customers will make any purchase. The service provider only provides generated leads.

The provider does not ensure that the project for which a lead was generated will be carried out.

The provider shall not be responsible for disputes between the client and the customer and it shall also not be responsible for the agreement, preparation, execution and consequences which occur during project execution or in other relationships between the customer and the client.

IV. Termination of lead generation

The client may request from the service provider in writing to terminate lead generation. The provider shall be obligated to stop providing generated leads within three days of receiving the aforementioned request. The client shall be obligated to pay the provider the service of already generated leads and leads generated within three days of the written request for termination. Each party may terminate the agreement in writing.

V. Terms of use: clients

By confirming the order the client agrees:

  1. With the method of charging and the amount of the price for the performed lead generation.
  2. That it will prepare offers for all generated leads.
  3. With the consequences that occur based on the order.
  4. With the manner of provision of generated leads and the scope of the warranties given by the provider.
  5. Expressly agrees with the payment of generated leads in accordance with this agreement.
  6. That the provider may publish customers' ratings and testimonials at its website in the scope and form of its choice.
  7. That it shall carry out services pertaining to generated leads in accordance with the legislation applicable in the Republic of South Africa.
  8. The client shall not be entitled to be reimbursed for the paid amount referred to in items II and III for already generated leads.
  9. The client ensures that it shall use the data on customers acquired through the lead generation service in accordance with the law.
  10. The client ensures that it shall use customer data exclusively for the purpose of preparation of offer and in order to conduct business with the client.
  11. The client ensures that it shall under no circumstances provide personal data to other users or contractual processors. It shall also not provide other data contained in the lead.

VI. Terms of use: customers

  1. Submission of inquiry at procompare.co.za is free of charge for all customers.
  2. The customer shall decide on selection or non-selection of a client. By submitting the inquiry the customer shall not be obligated to choose any client.
  3. The provider shall not be liable for services or products the customer orders from the lead generation service client. The customer shall conclude agreements solely with clients, the provider shall not be liable for the completed works and for the quality of supplied services.
  4. When providing customer information the provider relies on the information provided by customers.
  5. The provider shall check reliability of clients in accordance with the provider's internal rules. The provider shall not be liable for adequacy of clients to which generated leads were provided.
  6. The provider shall provide leads only to the most appropriate clients in the procompare.co.za system and not to all who carry out a particular activity on the territory of the Republic of south Africa.

VII. Obligations and rights of the provider

  1. The provider reserves the right to change or temporarily or permanently terminate the lead generation service without prior warning.
  2. The provider reserves the right to amend the general terms and conditions from time to time and affix the date of change onto the document. If the client does not agree with the amended terms and conditions it shall immediately cease the use of the lead generation service. Continuing use of the lead generation service shall imply agreement with amended terms and conditions.
  3. The provider reserves the right to review client ratings and user accounts with the purpose to ensure higher service quality.
  4. The provider reserves the right to terminate cooperation with a client at any time without prior warnings.

VIII. Resolution of disputes

In case of a judicial dispute the competent court shall be determined in accordance with the registered address of the service provider.

In Cape Town, on 1 May 2018

PROCOMPARE (PTY) LTD