TERMS AND CONDITIONS

Effective Date: 24th February 2025

Last Updated: 01st August 2025

These Terms and Conditions (the “Agreement”) govern the marketing and lead generation services provided by Smart Leads LTD (“Company,” “we,” “us,” or “our”) to the client (“Client,” “you,” or “your”). By using our services, you acknowledge and agree to these terms.

Business Details:

Smart Leads LTD

12 Hazel Glen, Bayview

Auckland 0629

New Zealand

Email: info.smartleads@gmail.com

1. SERVICES PROVIDED

1.1 Scope of Services

Smart Leads LTD provides lead generation and online marketing services for moving companies. Our services include but are not limited to:

• Research and analysis of local competition
• Ad creative development and campaign setup
• Lead generation via digital advertising
• Ongoing campaign optimisation based on data insights

1.2 Performance Expectations

Smart Leads LTD utilises industry best practices to generate leads. However, the Company does not guarantee specific job bookings or revenue outcomes. The effectiveness of lead generation depends on various factors, including market conditions, competition, and the Client’s responsiveness in following up with leads.

2. REFUND POLICY

2.1 Guarantee Conditions and Applicability

Smart Leads LTD may offer different performance guarantees depending on the Client's industry, location, level of competition, and overall client type. Any alternative guarantee must be expressly confirmed in writing to the Client.

If the Client has not received any other written guarantee confirmation, the following standard guarantee will automatically apply.

Smart Leads LTD guarantees at least one booked job within the first thirty (30) days of a campaign (the "Guarantee Period"). If no booked jobs are generated within the Guarantee Period, the Client may request a full refund, provided the following conditions are met:

Lead Response Time - The Client must call each lead within 30 minutes of receiving the notification. Failure to do so voids the guarantee.

Commitment to the Full 30 Days - The Client must allow the campaign to run for the full 30-day period and implement any optimisation recommendations. Early termination forfeits the guarantee.

Implementation of Smart Leads LTD's Recommendations - If the Company provides recommendations regarding pricing, service offerings, or sales processes, the Client must make a reasonable effort to implement them.

Payment Compliance - All invoices must be paid in full and on time. Any chargebacks or disputes void the guarantee.

Definition of a Booked Job - A "booked job" is defined as any qualified lead that expresses a clear intent to book a relevant service (for example, confirming a date, time, and acceptance of pricing, subject only to standard terms and conditions). If the Client is unable to take the job due to prior commitments, scheduling conflicts, or being at full capacity, it will still be counted as a booked job for the purposes of this guarantee, provided the lead was legitimate and ready to book.

Guarantee offers are subject to change based on industry and client type. Any such variation will only apply where confirmed in writing. In the absence of any other written guarantee confirmation, this standard one-booked-job guarantee applies by default.

2.2 Refund Process

If all conditions are met and no booked job is generated within the Guarantee Period, the Client must submit a refund request in writing within five (5) business days following the end of the 30-day period. Refunds will be processed within fifteen (15) business days of approval.

2.3 Definition of a Lead

A lead is defined as a potential customer who voluntarily submits their contact details (name, phone number, and/or email) in response to an advertisement. A lead is considered delivered once it enters the Client's system, regardless of whether the potential customer answers calls or proceeds to book a service.

2.4 Verification of Lead Handling

In order to uphold the integrity of the guarantee, Smart Leads LTD reserves the right to request supporting evidence that the Client has complied with the lead follow-up protocols outlined in this Agreement. This may include, but is not limited to, call logs, CRM activity records, and proof of attempted contact. Failure to provide reasonable verification upon request may result in forfeiture of the guarantee and ineligibility for any refund.

3. CLIENT RESPONSIBILITIES

To ensure the campaign's success, the Client agrees to:

• Respond to Leads Promptly – Call each lead within 30 minutes of notification.
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• Provide Accurate Business Information – Supply up-to-date business details, including pricing, service areas, and operating hours.
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• Participate in Strategy Calls – Be available for scheduled check-ins to review performance and provide feedback.
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• Work Collaboratively on Optimisations – Implement reasonable changes as suggested by Smart Leads LTD.
• Failure to meet these responsibilities may impact lead quality, for which Smart Leads LTD is not liable.

4. CAMPAIGN OPTIMISATION PROCESS

Week 1 – Campaign Setup & Launch

• Market research and competitor analysis
• Ad creative design and offer development
• Initial campaign launch

Week 2-3 – Performance Optimisation

• Monitoring ad performance
• Refining ad creatives and targeting for cost-efficiency
• Client check-ins to assess booked jobs and feedback

Week 4 – Scaling & Review

• Evaluating key performance metrics
• Implementing final refinements
• Strategy discussion for the next phase of scaling

At the end of the first month, the Client should have 75–100 leads in their ad account, provided they meet all conditions outlined in Section 2.

5. PAYMENT TERMS & CANCELLATION POLICY

5.1 Billing & Payment

All payments must be made in full before campaign launch, unless otherwise agreed in writing.

5.2 Cancellation Policy

• The Client may cancel services after the initial 30-day period with seven (7) days’ written notice.
• If the Client cancels before the 30-day period is complete, the guarantee is void, and no refunds will be issued.

5.3 Chargebacks & Payment Disputes

Any chargebacks or payment disputes will result in immediate suspension of services. Any fees incurred from payment disputes will be the responsibility of the Client.

6. LIMITATION OF LIABILITY

6.1 No Guarantees on Revenue or Job Bookings

Smartleads LTD does not guarantee that leads will convert into booked jobs or revenue. The Client’s follow-up and sales process determine conversion success.

6.2 External Factors Beyond Our Control

Smartleads LTD is not responsible for:

• The Client’s failure to contact leads within the required timeframe
• Economic fluctuations affecting demand for moving services
• Ad account restrictions imposed by advertising platforms (e.g., Facebook or Google suspensions)
• Any loss of revenue due to the Client’s internal operations

6.3 Maximum Liability

In no event shall Smartleads LTD’s liability exceed the total fees paid by the Client in the preceding 30-day period.

7. GOVERNING LAW & DISPUTE RESOLUTION

7.1 Governing Law

This Agreement shall be governed and interpreted in accordance with the laws of New Zealand.

7.2 Dispute Resolution & Arbitration

Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes will be submitted to binding arbitration in Auckland, New Zealand, with each party responsible for their own legal costs.

8. MISCELLANEOUS

8.1 Entire Agreement

This Agreement constitutes the entire understanding between Smartleads LTD and the Client. No verbal agreements shall override these terms.

8.2 Amendments

Smartleads LTD reserves the right to update these Terms and Conditions at any time. Clients will be notified of material changes.

8.3 Severability

If any provision of this Agreement is deemed invalid, the remainder of the Agreement shall remain in full effect.

8.4 Force Majeure

Smartleads LTD shall not be liable for any failure to perform due to events beyond our control, including natural disasters, government actions, or platform outages.

9. ACCEPTANCE OF TERMS

By using Smartleads LTD’s services, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.

10. UNAUTHORISED USE & POST-TERMINATION OBLIGATIONS

10.1 Cessation of Use

Upon termination of services, the Client must immediately cease all use of Smart Leads LTD’s advertising creatives, campaigns, strategies, landing pages, CRM automations, and any other materials developed or provided by Smart Leads LTD.

10.2 Injunction and Equitable Relief

Smart Leads LTD shall be entitled to seek immediate injunctive relief (without the need to prove damages) to prevent any unauthorised use, dissemination, or continuation of service materials following termination. The Client agrees that such unauthorised use would cause irreparable harm.

10.3 Liquidated Damages

In the event of post-termination use of any intellectual property or service material without express written permission, the Client agrees to pay liquidated damages equal to NZD $5,000 per occurrence, or twice the monthly service fee previously paid—whichever is greater. This provision is not a penalty but a reasonable pre-estimate of losses, reputational damage, and enforcement costs.

10.4 Legal Costs

The Client shall be liable for all legal fees, enforcement costs, and any related expenses incurred by Smart Leads LTD in the investigation, pursuit, or litigation of any unauthorised use.

For questions or support, contact:

Smart Leads LTD

12 Hazel Glen, Bayview

Auckland 0629

Email: info.smartleads@gmail.com