Land Creative Terms and Conditions
We are Land Creative Ltd, a limited company incorporated in England and Wales (company number 11590220).
Registered Office: International House, 64 Nile Street, London N1 7SR
Telephone: 07788 273 970
Land Creative agrees to deliver leads based on all validations signed off within the IO and at time of quoting, including but not limited to; Start & End Dates, Lead Pacing, Lead Delivery, Region, Country, Company Size, Industry, Job Function, Profiling Questions, Qualifying Questions, ABM lists, Exclusion lists, Email Design, Content and any other Qualifying criteria and filters.
Any changes or alterations to the Campaign Criteria may alter Cost per Lead or other associated costs result in a requote and/ or delays to the campaign delivery schedule. If any leads have been generated prior to changes being requested Land Creative will invoice these at the previously agreed rate. Land Creative requires a minimum of 5 working days’ notice to cancel or make changes to a campaign. On occasions, some complex programs will need a review against the original quote/budget and may be subject to a re-quote. If, after review, the Cost per Lead changes a revised IO will be issued to reflect the cost amendments.
Rejected leads or contacts
Due to the nature of outbound telemarketing, a small proportion of leads or contacts may need to be replaced for a variety of reasons. Should you discover incorrect leads or contact information from our campaigns you agree to notify us and allow us to replace or correct the lead at no additional cost to you. Land Creative cannot guarantee a response to any follow-up call or email sent to the lead contact by the client, and while we will replace invalid phone numbers and invalid emails free of charge, we are unable to replace ‘unreachable’ leads as part of this process. Upon review, leads which contain no inaccurate information, and meet all agreed Campaign Criteria will only be replaced at the discretion of Land Creative.
In order for us to replace any unsatisfactory leads as quickly as possible, please provide us with the campaign name/IO, contacts email address, and the reason for the rejection within 30 days of the end of the campaign.
Exclusion or suppression lists
Land Creative is able to exclude against any suppression lists, exclusions lists or previous lead lists at either a contact or account level. This list must be provided in an excel file containing either the company name, email, or website/URL prior to the start of the campaign. Land Creative cannot guarantee a 100% match if only company names are provided for this list due to variance in naming conventions. Land Creative is unable to provide replacement leads for any duplicates leads unless an exclusions file is provided prior to the campaign start. If an exclusion list is applied after leads have been generated, these leads will remain chargeable at the agreed CPL.
Cost per lead
Our business model is to quote a ‘cost per lead’ for each set of data filters that make up an individual client campaign. Where multiple data filters identify the same contact as a potential lead, up to three opportunities for end vendors may be identified by Land Creative from a lead call, which may be monetized up to 3 times at the discretion of the company.
Call recording and quality assurance
As part of our commitment to delivering high-quality telephone marketing services, calls can be recorded for training purposes. In the event that you as a client have a query regarding a lead or contact generated we (Land Creative) will listen to the call in question and provide you with a written transcript of its contents. It is not our policy to send call recording files to clients (unless this has been agreed as part of a specific program requirement), but the full details of the call will be shared.
We understand that your sales strategy is highly sensitive information. Therefore, in addition to our obligations of confidence, we confirm that if a conflict of interests arises unexpectedly between you and another client of ours at any time, we will work with you and the other client to agree on a way forward. You agree to work with us constructively and reasonably in this respect.
In order to successfully deliver on a lead generation program, Land Creative may choose to build or acquire data on behalf of a client. Where we build bespoke data or purchase data on your behalf the data will be uploaded into our system. This data will remain the property of Land Creative unless otherwise agreed, however, the leads generated are the property of the client. In the event that you as a client provide data, this will be ‘ring-fenced’ within our system for use solely on your programs and will be removed upon completion of all active campaigns.
Warranties and liability
We cannot give you any warranties, indemnities or be held liable for any loss of profit, special, indirect or consequential loss or damage. Our entire liability to you shall be capped at the amount of fees that you have paid to us for the specific proposal in question. Your sole remedy for any breach of our agreement by us shall be a repeat performance of the project.
General legal matters
These terms and conditions will not create a partnership or relationship of employment between us.
The validity construction and performance of the Agreement shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.
Data protection & compliance
Data Protection Laws means any applicable laws or regulations which governs the collection and processing of personal data (as amended or superseded from time to time) including (without limitation and as applicable) the Data Protection Act 1998, the EU Data Protection Directive (95/46/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the General Data Protection Regulation (EU 2016/679) (GDPR), Canadian Anti-Spam Law, S.C. 2010, c. 23, AND the CAN-SPAM Act of 2003.
The opt-in we collect on your behalf is suitable for the majority of our clients, it is your responsibility as the data controller and owner of the data to ensure the wording meets the requirements of your company’s obligations under Data Protection Laws obligations as defined above, which can differ according to your region. The opt-in language and process will be defined and signed off prior to the start of any campaign.
Proof of consent
Land Creative will provide a date & time stamp for each privacy notice containing an opt-in, the wording provided in the privacy notice, along with the method of opt-in, and the phone number or email address used to opt-in. It is not Land Creative’s policy to send call recordings as proof of opt-in, however, these recordings will remain securely stored on Land Creative’s systems for a period of 24 months. Unless otherwise agreed, access to call recordings may be granted on a case-by-case basis and upon written request to Land Creative.
Client exclusions and opt-outs
When an individual has opted-out of future communications with your company or brand, it is the client’s responsibility to ensure that exclusion and opt-out lists are provided to Land Creative in advance of the campaign start date. Unless otherwise specified prior to the campaign start date, or upon specific request from the contact, any opt-out received as part of Land Creative’s campaign delivery process will apply to Land Creative and its brands.
Land Creative’s compliance
Land Creative’s data processing, storage and management comply fully with all relevant regulations, including but not limited to the Data Protection Laws defined above.
The Client warrants and guarantees that it understands and is compliant with all Data Protection Laws. The Client agrees to indemnify and hold Land Creative harmless against all expenses, costs, claims, losses and liabilities incurred by Land Creative or for which Land Creative may become liable due to any failure by the Client to comply with Data Protection Laws including without limitation, due to any failure by the Client to implement and maintain appropriate technical and organisational measures to protect Personal Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.
The Client shall promptly notify Land Creative if it suspects or becomes aware of any Personal Data Breach in respect of any Personal Data which has been collected by or on behalf of Land Creative.
Land Creative & Privacy
Land Creative may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 20/04/2018.
What we collect
We may collect the following information:
- Name and job title
- Contact information including email address
- Demographic information such as postcode, preferences and interests
- Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
- We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable.