Welcome and thanks for using Leadiro. When you the customer (“You” or “Your”) use any of our Services, You are agreeing to our Business Terms and the other documents incorporated herein. They are legally binding on You, and so please ensure that You take time to read and understand them prior to using any Services.
These Business Terms, together with the Services plan which You have selected (“Plan”) and our Website Use Terms and Privacy Statement together form the legally binding agreement between You and us in respect of Your use of the Services (“Agreement”); please note that if there is any conflict between the terms of any of these documents then it shall be resolved by interpreting the documents in the following order (whereby document 1. takes precedence over documents 2, 3 and 4, and so forth): 1. Plan. 2. Business Terms. 3. Privacy Statement. 4. Website Terms & Conditions.
In this Agreement, “Leadiro”, “we”, “us” or “our” refers to Leadiro UK Limited of Quay House, Quay Road, Newton Abbot, Devon, TQ12 2BU (company number: 07273115).
1. ACCOUNT CREATION
By creating a Leadiro account You agree to these Business Terms and:
a) That when signing up to Leadiro and creating an Account You agree to pay Leadiro a monthly fee (indicated at the time of sign-up and agreed to by You when registering for Your Account);
b) That all activity that occurs in Your account is legitimate and authorised. If You suspect or know of any (attempted) unauthorised use of Your account or any other breaches of security You must notify firstname.lastname@example.org immediately;
c) Leadiro will not be liable for any acts, omissions, inaccuracies or negligence by You, including any damages of any kind incurred as a result of such acts, omissions, inaccuracies or negligence;
d) Your Account(s) must be registered by a human and not a "bot" or any other automated method;
e) That You are responsible for maintaining the security of your account;
f) Your Account will only be activated when You provide all the required information (and for Professional or Premium Customers, make a successful payment transaction). Necessary information includes Your full name, a valid email address, and any other information requested in order to complete the signup process;
g) Illegal or unauthorised use of Your Account is strictly forbidden;
h) At all times, when You use the Services or Your Account for any purpose, You agree to abide all applicable laws.
i) You agree to all applicable laws that govern Personal Data and that, for the purposes of this Agreement and the provision and receipt of the Services, Leadiro is the Data Processor and You are the Data Controller (as such terms are defined in the General Data Protection Regulation 2016/679, “GDPR”). Accordingly, Leadiro shall only process Personal Data in accordance with Your instructions and shall take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data;
j) That Leadiro has collected and collated all Business Data (meaning any proprietary data or information provided by Leadiro to You as part of the Services); from publicly available sources only (meaning sources that are available to the general public and shall not include password or access restricted sources);
You acknowledge and agree that we may terminate this Agreement on written notice (which may include by email) with immediate effect if You materially breach any term of this Agreement and (if capable of remedy) fail to remedy such breach within fifteen (15) days of us notifying You (which may include by email) that we require such breach to be remedied; Leadiro shall be under no obligation to refund You any sums paid in such circumstances.
2. PROFESSIONAL & BUSINESS ACCOUNTS
a) You agree to complete the online account registration and sign-up process in order to create an Account to access Business Data in accordance with a Professional or Business Plan;
b) You agree to purchase the Services as detailed to You at the time of registering for an Account by paying a monthly recurring fee;
c) Your monthly fee remains fixed unless You:
i. Supersede your quota and take or request additional Services;
ii. Change your Plan; or
iii. Leadiro increases the price of any Plan (Leadiro reserves the right to change fees upon thirty  days written notice).
d) Any changes to Your Plan will be notified to You and will take effect in time for your next monthly payment;
e) Unless otherwise stated the number of Business Data records pertaining to each Plan are stated clearly on Leadiro’s website (https://leadiro.com/pricing/);
f) You agree to pay the indicated fee by credit card and warrant that Your details provided at the time of sign up and purchase are correct and that You shall maintain them and update them where necessary and in time to ensure no payment is missed or defaulted on by You;
g) You authorise us to charge Your credit card for the appropriate fees (monthly, quarterly or annual) payable at the start of Your Plan and for all subsequent Billing Periods, including additional Services or extra purchases. You further authorise us to use a third party to process all payments, and consent to the disclosure of Your payment information to such a third party. Any third party used by us to process payments shall be PCI DSS compliant;
h) When You successfully sign up to a Plan and make Your first payment You consent to and shall be billed automatically 30 days later for the subsequent monthly fee, and thereafter every 30 days for subsequent monthly fees;
i) You may cancel Your Plan Account by providing 30 days’ written notice to email@example.com. Your Account will automatically renew for the same Plan unless:
i. Either Leadiro or You provide written notice confirming the intention not to renew;
ii. Such notification must be made during the penultimate monthly period of the Plan (all Plans, unless otherwise stated are for 12 months so this notification must be provided within the 11th month) and no later than forty  days before the expiration of the Plan;
j) You undertake to keep up to date and accurate all information pertaining to Your Account, particularly Your contact and payment details and will keep Leadiro informed of all changes;
k) Unless otherwise stated, all payments are non-refundable, may not be cancelled and must be made in advance of receiving any Services from Leadiro for the entire duration of Your Plan;
l) Unless otherwise stated all fees, charges and payments to be made by You are exclusive of Sales or VAT (Value Added Tax) and all other relevant taxes, for which You shall be responsible.
3. PREMIUM ACCOUNTS
a) The same terms as described above (in the Professional & Business Accounts section) shall apply; however, where differences or discrepancies are found the following terms shall take precedence:
i. Premium Account customers shall receive and sign an Order Form with terms and conditions that shall form the agreement between the customer and Leadiro;
ii. Such agreement shall take precedence over any other in the event of any conflict or discrepancy with this Agreement or any other verbal or written contract between You and Leadiro;
iii. You agree to pay Leadiro for Business Data either by credit card payment or as invoiced for by Leadiro or permit Leadiro to debit Your account from time to time by an amount or amounts equal to all amounts owing under an invoice in accordance with an appropriate and functioning direct debit agreement to pay Leadiro in accordance with Your Plan and this Agreement;
iv. Leadiro may invoice You or transact a credit card payment immediately upon delivery of Business Data to You (if You have not already made payment to Leadiro). You must raise any invoicing queries to Leadiro within five (5) working days of receipt of the invoice for Your queries to be acknowledged;
v. You must pay all sums properly due and payable to Leadiro on the relevant invoice on or before the relevant Payment Date. If You fail to make any Payment in full when it becomes due then, without prejudice to any other right or remedy available to Leadiro, Leadiro shall be entitled to cancel this Agreement. In addition, Leadiro may start to charge Interest on any and all overdue sums until You have paid all outstanding sums in full.
4. INTELLECTUAL PROPERTY RIGHTS ("IPR")
a) In this Agreement, “Intellectual Property Rights” or “IPR” means any patents, utility models, rights to inventions, copyright (including source code) and neighbouring and related rights, website and all content and materials contained within (including without limitation logos, Services, directories, design, text, graphics and other files), trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist in any part of the world;
b) This Agreement does not transfer to You any Leadiro or third party IPR, and all right, title and interest in and to such IPR remains solely with Leadiro or its licensors.
5. USE LICENSE
Unless You have the express written consent of Leadiro You may not:
a) duplicate, copy, resell, reuse, exploit or reverse engineer any portion of the Services;
b) launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that automates extraction of Services website content;
c) develop or derive for commercial sale any data in any form that incorporates or uses the Business Data, and You may not transfer or disclose such data or any access to Leadiro via Your Account to anyone else.
6. LIMITATION OF LIABILITY
Each party acknowledges and agrees that nothing in this Agreement shall limit or exclude:
a) either party’s liability for death or injury caused by its negligence;
b) Your liability for any indemnity provided by You hereunder;
c) either party’s liability arising as a result of fraud or fraudulent misrepresentation; or
d) any other liability which cannot be excluded or limited under applicable law.
Subject to the preceding paragraph, You acknowledge and agree that under no circumstances whatsoever shall Leadiro be liable to You, whether in contract, tort (including negligence), breach of statutory duty or otherwise for:
e) any special, incidental or consequential damages;
f) the cost of procurement for substitute products or services;
g) interruption of use or loss or corruption of data;
any failure or delay due to matters beyond Leadiro’s reasonable control.
Subject to the preceding paragraphs, Leadiro’s total aggregate liability to You whether arising in contract, tort (including negligence), breach of statutory duty or otherwise arising under or in connection with this Agreement shall not exceed the amount of fees paid by You to Leadiro during the twelve (12) months period preceding the cause of action or, if twelve (12) months have not elapsed, during such shorter period.
You agree to defend, indemnify and hold harmless Leadiro and its subsidiaries, agents, licensors, managers, employees, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) Your use of Leadiro’s Services, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any other party’s access and use of the Service with Your unique username, password or other appropriate security code.
Leadiro warrants that the Services are supplied in accordance with good industry practice and shall comply with this Agreement. Notwithstanding the foregoing, the Services are provided “as is” and as such Leadiro does not warrant that:
a) the Services will meet Your requirements or expectations;
b) the Services will be uninterrupted, timely, secure, bug or error-free and such errors or bugs in the service will be corrected;
a) Leadiro shall use reasonable endeavours to ensure the Business Data provided to You is of acceptable quality and that the Business Data is, at the time of delivery to You, as accurate as reasonably possible;
b) You acknowledge and accept that there may be some inaccuracies with the Business Data and that the Business Data is susceptible to changes over time resulting in changes to accuracy of the Business Data. Leadiro shall endeavour to achieve a ninety per cent (90%) email deliverability rate on newly transacted Business Data in accordance with Your Plan within a thirty (30) day period (which starts from the first day You access your Leadiro Account and download Business Data;
c) If You experience an email deliverability rate lower than ninety per cent (90%) per Quota, and provided You notify Leadiro within the thirty (30) day period specified in above (b), Leadiro will replace one-for-one any business email address for each contact where You have received an ‘undeliverable’ notification as a result of an email 'bounce back' to return Your email deliverability rate to ninety per cent (90%);
10. NEW & ADDITIONAL FEATURES / SERVICES
As Leadiro strives to improve the Services it provides to You it will, from time-to-time, offer new features, tools and Services in order to provide greater functionality and value to its customers.
a) Install Base Data (“IB Data”): Leadiro now offers its customers the unique ability to customise data search requirements according to install base technologies. Leadiro maintains thousands of records pertaining to various technologies that businesses have installed enabling You to search for businesses on Leadiro directly by applying filters specific to technology products.
b) This IB Data is charged as an additional feature to all customers who use it regardless of their Plan. You will be charged a fee of $1.00 USD for every company record that matches Your search criteria and that You download or view online in Leadiro. Where You pay a recurring fee, this additional cost will be added to Your regular invoice or, regardless of Your Plan, You may pay for the IB Data records immediately by credit card (or any other online payment facility that Leadiro may offer at the time of purchase).
You hereby grant Leadiro a perpetual, world-wide, non-exclusive license to use your company's logos and name solely for marketing and sales related purposes, such as being displayed on Leadiro’s home page. You may revoke this license at any time in your sole discretion by notifying Leadiro in writing subject to allowing Leadiro sufficient time to make any necessary changes in order to satisfy Your request.
Leadiro reserves the right, at its sole discretion, to amend or replace any part of these Business Terms. It is Your responsibility to check these Business Terms periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Business Terms constitutes acceptance of those changes. Leadiro may also, in the future, offer new services and/or features through the Services (including, the release of new tools, features and resources). Such new features and/or services shall be subject to the terms and conditions of these Business Terms.
This Agreement shall be governed by English law and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English courts. If any provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. This Agreement constitutes the entire agreement and understanding of the parties and supersedes any and all other previous agreements, promises, assurances, arrangements and understandings (whether written or oral), with relating to its subject matter. A person who is not party to this Agreement shall not have any rights hereunder.
If You have any queries concerning this Agreement, please contact us by emailing firstname.lastname@example.org or writing to Leadiro UK Limited of Quay House, Quay Road, Newton Abbot, Devon, TQ12 2BU.