Please read very carefully. This forms the basis of our Agreement and Terms of Business.
We do not believe in formal contracts. We don’t believe in tying our clients down. Nor do we care to be bound to any particular client. Our service is delivered prior to payment. If you wish to cancel at any time, you are free to do so. We just divert the calls elsewhere.
That said, we’ll always do our best to fulfil your needs and meet your expectations, but even in the absence of a formal contract, it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this Terms of Business, you won’t find any complicated legal terms or long passages of unreadable text. We have nothing to hide. We’ve no desire to trick you into signing something that you might later regret. Let’s face it; we couldn’t if we tried anyway! What we do want is what’s best for both parties, now and in the future.
So, in short;
You are hiring us, Pacific Pioneer to:
- Generate personal injury or clinical negligence leads in the form of phone calls for you
- You will be charged £80 for all answered calls lasting 40 seconds or more.
- You will be charged £40 for all unanswered calls we generate for you during your firm’s stated hours of business.
Of course it’s a little more complicated, but we’ll get to that.
What Do Both Parties Agree To?
You: You have the authority to enter into this Agreement on behalf of yourself, your company or your organisation. You’ll give us the assets and information we request of you to facilitate the project. You’ll do this when we ask and provide it in the formats we ask for.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll maintain the confidentiality of everything you give us.
Getting Down to the Nitty Gritty
We design and promote various digital assets; websites, videos, social media, etc. with the aim of generating leads in the form of phone calls in respect of both personal injury and medical negligence compensation enquiries for you. Each of these assets will have our assigned telephone number. Whenever a prospect calls this number, the call shall be transferred seamlessly to a number you have provided. You will be charged £80 for each call we send to you that lasts 40 seconds or more. Additionally, you will be charged £40 any unanswered calls we generate for you during your firm’s stated hours of business.
Obviously, if too many calls during your stated hours of business are going unanswered, it means we are doing our bit but losing money. In such circumstances, we reserve the right to terminate this Agreement and divert our calls elsewhere!
Although we do our utmost to block calls from known telemarketers, during the first few weeks of our campaign on your behalf, you are likely to receive calls from telemarketers (e.g., Yellow Pages), calling the number we’ve used in our marketing campaigns seeking to ‘sell’ you their own services. It is in your interest to recognise the nature of such calls and terminate them within the 40 second threshold.
If we detect (through recordings of the calls), that you or your agent(s) are deliberately seeking to acquire the callers contact details within the 40 second threshold to enable you to call them back thereby circumventing payment for our service, your account shall be terminated. In such circumstances, there shall be no refund of your Setup Fee or Retainer.
90-Day Trial and Our Guarantee
We offer our lead generation services to you on an initial 90-Day Trial. Towards the end of the Trial period, we both agree to assess the campaign. If for any reason you are not completely satisfied with the results up to that stage, you may cancel. Should you choose to do so, the supply of leads/calls shall cease. All monies you have paid us up to that point, shall be refunded to you in full and this Agreement shall be terminated.
Our Free Structure
You are required to pay a Setup Fee of £699 at the outset.
If, during the campaign Review Stage, or at the point you are advised your Initial Retainer is depleted, you decide to proceed with the campaign, you shall be required to pay a Retainer of £6,000 to defray the cost of future calls.
The Retainer increases as the volume of calls we generate for you increases. Obviously, if we are sending you 100 calls per week, a Retainer of £1,500 simply isn’t going to cut it!
You will be notified when the balance of your Retainer is approaching the 50% mark and required to top it up.
If the balance of your Retainer drops to 10% without a response to our request for a top up, we shall assume you no longer require the service and cancel your account. This Agreement shall be terminated at this point.
Your 90-Day Trial commences upon receipt by us of Your Initial Retainer.
Here’s the Legal Bit
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this Agreement and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Intellectual Property Rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights to all digital assets, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we use to promote your services are either owned by us or We’ve obtained permission to use them for this purpose. When we use text, images or other artwork to promote your services, we agree to protect you from any claim by a third party that you’re using their intellectual property.
We own and shall retain all intellectual property rights to all the digital assets we design with respect to this project.
We issue statements electronically at the end of each month. All proposals are quoted in Sterling and payments will be made in this currency.
Cancellation by You
After the initial Trial period, you may cancel the service at anytime by giving us 5 (five) business days written notice – by email (firstname.lastname@example.org) – of your intention to do so. Your account will be cancelled within this time period. The balance of your Retainer, if any, shall be refunded immediately upon your account being closed
Cancellation by Us
There is a cliche in the business world that says; “the client/customer is always right”. We don’t subscribe to this. We reserve the right not to work with ‘aggravating’ clients. We reserve the right to cancel your account without notice if the relationship isn’t working. Naturally, you will be refunded the balance of your Retainer should this happen.
But Where’s All the Horrible Small Print?
Just like a parking ticket, neither of us can transfer this Agreement to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this Agreement and not cause the other to breach any relevant laws or regulations.
This Agreement stays in place and need not be renewed. If for some reason one part of this Agreement becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions of this Agreement are serious. It describes the way we like to do business.
We will always do our best to resolve any dispute. However, where a dispute seems intractable, we will simply give you the balance of your Retainer and take our business elsewhere.
Life’s too short!