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Terms of Service

ADCLeads Terms of Service

Last Updated: November 1, 2024

Welcome to ADCLeads, a service of Clikly, registered in the State of Florida. By signing up and using our services, you (“Buyer” or “Customer”) agree to these Terms of Service. These Terms govern the relationship between ADCLeads and Buyers who receive live call transfers for air ducts cleaning services.

1. Service Description

ADCLeads provides live call transfers from potential customers actively seeking air ducts cleaning services. We operate as a marketing company, connecting Buyers with high-intent consumers through online advertising, social media, and partner networks.

2. Qualified Calls

  • A call is considered a Qualified Call if it lasts at least 60 seconds.
  • ADCLeads will monitor all calls. If a call is intentionally terminated early by the Buyer, resulting in the call ending before 60 seconds, the Buyer will be responsible for the full cost of the call and may incur additional penalties as deemed appropriate by ADCLeads.

3. Call Recording and Monitoring

  • All calls are recorded for quality assurance, dispute resolution, and compliance.
  • ADCLeads reserves the right to review call recordings to detect early terminations or other activities that may violate these Terms.

4. Buyer Responsibilities

  • Scheduling: It is the Buyer’s responsibility to maintain accurate business hours, specify days of operation, and adjust the number of calls they are able to accept. ADCLeads will not be liable for missed calls due to unavailable schedules.
  • Local and Federal Compliance: The Buyer must ensure full compliance with all applicable local, state, and federal regulations required to operate their air ducts cleaning business. ADCLeads is not liable for any compliance violations by the Buyer.

5. Payment and Recharge Policies

  • Prepaid Credits: All calls are paid via prepaid credits. The Buyer agrees that no refunds will be issued for purchased credits.
  • Automatic Recharge: When a Buyer’s account balance drops below $60, a minimum of $120 will automatically be recharged to the account to ensure uninterrupted service.
  • Rate Per Call: Each Qualified Call is charged at a fixed rate of $30. ADCLeads reserves the right to modify this rate with prior notice.

6. Refunds and Disputes

  • ADCLeads does not offer refunds for credits or missed calls.
  • In the event of a disputed call, ADCLeads will review the call recording and, if applicable, may issue a credit. However, ADCLeads reserves the right to make the final determination on all disputes.

7. Account Termination

  • Buyer Termination: The Buyer may terminate their account at any time without penalty. Remaining credits are non-refundable.
  • ADCLeads Termination: ADCLeads reserves the right to suspend or terminate the Buyer’s account at its discretion for reasons including, but not limited to, high missed call rates, non-compliance with these Terms, or any activity deemed detrimental to ADCLeads’ service quality.

8. Buyer’s Liability and Indemnity

  • The Buyer is solely responsible for all work and services performed in response to calls received through ADCLeads. ADCLeads is not liable for any issues, damages, or disputes arising from the Buyer’s work.
  • The Buyer agrees to indemnify and hold harmless ADCLeads from any claims, damages, or liabilities arising from the Buyer’s actions or operations.

9. Marketing and Consumer Engagement

  • ADCLeads may promote various specials or offers to attract consumers and reserves the right to adjust these offers as needed.
  • The Buyer understands and accepts that ADCLeads’ primary function is to generate interest in air ducts cleaning services through effective marketing and lead generation.

10. Limitation of Liability

ADCLeads is not liable for any lost business opportunities, missed calls, or other damages resulting from use of the service. Our liability, if any, is limited to the amount paid by the Buyer for the services in the previous 30 days.

11. Service Availability and Limitations

ADCLeads makes every effort to ensure continuous service availability. However, we do not guarantee that our service will be uninterrupted or error-free. ADCLeads is not responsible for any disruptions or issues arising from third-party platforms or unforeseen technical problems.

12. No Guarantee of Lead Conversion

ADCLeads does not guarantee a specific conversion rate or outcome from calls received through our platform. Buyers are solely responsible for converting leads into customers. ADCLeads’ role is limited to generating and transferring calls based on agreed criteria.

13. Data and Privacy Compliance

ADCLeads complies with applicable data protection laws regarding the storage and handling of call data. However, ADCLeads is not responsible for the Buyer’s compliance with data protection and privacy regulations within their jurisdiction.

14. Indemnification Clause

Buyer agrees to indemnify, defend, and hold harmless ADCLeads, its affiliates, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from or connected to the Buyer’s actions, services, or failure to comply with these Terms.

15. Intellectual Property Rights

All content, trademarks, and branding on ADCLeads’ platform are the intellectual property of ADCLeads. Buyers are granted no rights or licenses to use any ADCLeads’ intellectual property except as necessary to access the service.

16. Non-Solicitation Clause

Buyers agree not to attempt to bypass ADCLeads by contacting or soliciting leads received through the platform independently, outside of the call transfer service.

17. Right to Modify Service and Pricing

ADCLeads reserves the right to modify its services, including pricing, features, and operational processes, at any time with reasonable notice to Buyers. Any continued use of the service after such changes constitutes acceptance.

18. Mediation and Dispute Resolution

  • Initial Mediation: Any disputes, claims, or controversies arising out of or relating to these Terms, the Buyer’s use of ADCLeads’ services, or any aspect of the relationship between ADCLeads and the Buyer shall first be resolved through mediation. Either party may initiate mediation by providing written notice to the other party. Mediation will be conducted by a mutually agreed upon third-party mediator and will take place in Florida.
  • Binding Arbitration: If mediation does not resolve the dispute within 60 days of the initial notice, the parties agree to submit the dispute to binding arbitration in Florida, under an agreed-upon procedure. The arbitrator’s decision will be final and binding on all parties.
  • Exceptions: This clause does not apply to any claim by ADCLeads seeking injunctive or other equitable relief for any actual or alleged infringement of ADCLeads’ intellectual property rights, misuse of ADCLeads’ platform, or breach of Buyer’s obligations under these Terms.

19. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

20. Amendments

ADCLeads reserves the right to amend these Terms at any time. Changes will be posted on our website, and continued use of our services constitutes acceptance of the updated Terms.

Contact Us

If you have any questions regarding these Terms of Service, please contact us.