DPA – Data Purchase Agreement
This Data Purchase Agreement is between Compare-Service-Companies.com (“Seller”), a Spanish corporation located at Paseo de la Castellana 93,planta 2, Madrid, 28046., and any business partner in the Seller’s network (“Buyer”).
The Buyer may request the Seller to buy data sets, so-called lead requests, for them in one or more specific areas or multiple areas. The Buyer must express their intent in writing or by email and instruct the Seller to buy data sets from the specified area or areas with starting date and/or starting point for an agreed amount to supplement their sales efforts.
- Scope of Agreement
1.1 This Agreement sets forth the terms and conditions under which the Seller shall provide lead request data sets (“Data”) generated by visitors to the Seller’s websites and landing pages who fill in a form with their data to receive quotations from multiple suppliers in the Seller’s network, which may be from various industries or types of business. The Data shall include but not be limited to contact information, preferences, and other relevant data points provided by the visitor.
2. Data Provision
2.1 The Seller agrees to provide the Buyer with the Data in a mutually agreed-upon format, subject to the terms and conditions outlined in this Agreement. The Data shall be transmitted electronically or via other agreed-upon methods, and the Buyer shall be responsible for any costs associated with receiving the Data.
3. Fees, Payment & Statutory Interest
3.1 The Buyer agrees to pay a fee to the Seller for each data set of “lead requests,” as described in each invoice, subscription, or other mutually agreed-upon terms but in the general set at €15,- per lead request or data set. Payment for these lead requests will be made bi-monthly unless a different payment schedule has been agreed upon separately between the Buyer and Seller. Invoicing for the lead requests will also be done bi-monthly.
3.2 If a failure to make timely payment and exceed the specified due date, the Seller is entitled to charge a fixed late fee of €30,- for each overdue invoice.
4. Google Service Lead Purchase and Risks
4.1 The Buyer acknowledges and understands that the Seller purchases each service lead from Google based on keywords, as described in this section. The Buyer agrees to pay for requests that deviate from their expectations, as most of the traffic is interested in their services based on keywords. The ultimate success of converting potential customers into clients largely depends on the Buyer’s sales efforts and quality.
4.2 The Buyer acknowledges the risk of purchasing online traffic based on keywords, as mentioned in this section, and that the Seller can only purchase up to what a potential customer is searching for via Google.
4,3 The Buyer acknowledges and understands that we do not filter leads as an extra service, as mentioned in a separate section of this agreement. This is because filtering leads would result in added value for the leads and ultimately increase their cost, as the Seller would be entering the commission business instead of working on a price-per-lead basis, as described in section 4.1.
5. Understanding Qualified Leads: Criteria, Responsibilities, and Challenges
5.1 Identifying and Evaluating Qualified Leads.
A qualified lead is someone who visits our website, shows interest in your product or service, and has the potential to become a paying customer. We decide if a lead is qualified by checking their contact details, move details (starting and ending locations), move requirements, and schedule using our online form. If a lead request meets these criteria, it’s considered a qualified lead and cannot be claimed.
5.2 Buyer’s Responsibility for Nurturing and Converting Qualified Leads.
Even if a potential customer is qualified, they might not be ready to buy immediately. They could need more information or approval from their boss, partner, or family. In these situations, as the Buyer, you must keep in touch with the lead and help them through the sales process to turn the qualified lead into a customer.
5.3 Dealing with Misused Forms and Lower-Quality Leads.
Sometimes, a visitor might use the online form incorrectly and ask for one thing but want another. Even though this can happen, it doesn’t mean the information we provide is invalid or not successful. We still deliver leads that meet all the requested criteria. It’s important to remember that both online and offline marketing budgets will have costs associated with such situations, as they are a part of the sales strategy for finding potential customers in any industry.
5.4 Criteria for Finding Targeted Leads in the Buyer’s Industry.
Expectations may vary, but the criteria for finding leads are clear: potential customers from a specific area based on keywords strictly related to the Buyer’s industry.
5.5 The Importance of Follow-up and Adding Value to Leads.
The Seller does not provide follow-up for potential customers and does not filter out uncertainties. It is the responsibility of the Buyer to add value to the lead and/or filter out uncertainties. You, the Buyer, assist the customer in making a decision and increase the likelihood of them converting into a paying customer for one or more of your services. Customers with needs other than originally indicated are an unfortunate aspect of any marketing strategy, both online and offline, and should be included in the budget for sales and marketing efforts, as is customary in every industry.
6. Claims & Rejections of Delivered lead requests or Data Sets
6.1 The Buyer may submit claims for fee adjustments based on issues outlined in this Section. The factors in this Agreement determine the approval of claims by the Seller. However, the Seller will not grant claims in certain situations:
6.2 The Seller will not accept claims for lead requests from other sources already received by the Buyer. This emphasizes the potential risk of multiple sourcing when working with various suppliers. The Seller will follow the Buyer’s instructions to purchase leads in a specific region exclusively from Google. The Buyer should be aware that other suppliers may also source leads in the same region, potentially resulting in duplicate requests from the same visitor using different websites. This highlights the inherent risk when collaborating with multiple suppliers.
6.3 If the Buyer states that a phone number or email is not working, the Seller expects the Buyer to reach out to the potential client for a quotation, as there are two points of contact for a potential client.
6.4 If the date for the Buyer is too far, as this is a subjective reason. The deal is still open for closing with the customer in the future.
6.5 Potential clients change their minds or use the Seller’s service to request more information about the Buyer’s service.
7. Claims Seller Always Grants
7.1 When both points of contact are not working.
7.2 Claims Related to domestic leads. This will only be granted if the written instruction to and with the Buyer specifies international leads only, the Buyer is not operational domestically, and the Buyer’s website clearly states their services are as agreed upon with the Seller.
7.3 The Seller will review the submitted claims and adjust the fees accordingly if approved. The Buyer is responsible for providing sufficient information to support the claims as outlined in this Section.
8. Data Usage, Restriction, and Confidentiality
8.1 The Buyer agrees to use the Data solely to supplement their sales efforts, per all applicable laws and regulations. The Buyer shall not resell, redistribute, or otherwise transfer the Data to any third party without the express written consent of the Seller.
8.2 The Buyer must comply with any additional restrictions or requirements regarding the use of the Data, such as deleting the Data after a specified period or limiting the number of times the Data can be used.
8.3 Both parties agree to maintain the confidentiality of the Data and any other proprietary information exchanged under this Agreement. Confidential information shall not be disclosed to third parties without the express written consent of the disclosing party, except as required by law or regulation.
9. Warranties and Disclaimer
9.1 The Seller represents and warrants that it has the right to provide the Data to the Buyer and that the Data does not infringe upon any third-party rights. However, the Seller disclaims all other warranties, express or implied, including but not limited to the accuracy, completeness, or fitness for a particular purpose of the Data.
10. Limitation of Liability
10.1 Under no circumstances shall the Seller be liable to the Buyer for any indirect, incidental, consequential, special, or punitive damages arising from or related to this Agreement.
11. Termination
11.1 Either party may terminate this Agreement upon written notice if the other party breaches any material term or condition of this Agreement and fails to cure such breach with receipt of written notice.
12. Governing Law and Dispute Resolution
12.1 Any disputes arising out of or in connection with this Agreement, including disputes regarding its existence, validity, interpretation, performance, breach, termination, or nullity, shall be exclusively submitted to the jurisdiction of the courts of Madrid, Spain. The language of the proceedings shall be English and Spanish. This is a forum selection clause established under the provisions of the E.U. Regulation No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the ‘Brussels Ia Regulation’)
13. Entire Agreement
This DPA or Data Purchase Agreement will come into effect on the date mentioned above or when the Buyer provides written instructions to the Seller via email or regular mail to purchase lead requests on behalf of the Buyer in the region(s) specified by the Buyer.
SELLER: Compare-Service-Companies.com
BUYER: Any Service Partner connected to our network and using our service.