Terms of Service
Leeads Interactive Terms of Service
This Terms of Service (“Terms”) apply to the delivery of services by Leeads Interactive Services (“Leeads Interactive”) to a client pursuant to a proposal (“Proposal”) which records the engagement.
1. Online Advertising and Marketing Services
Leeads Interactive offers a variety of services to improve a brands online visibility. By engaging us, you agree to the Terms set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.
Leeads Interactive provides search engine marketing, performance marketing, digital and online branding, and associated services on a local, national an international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Insider Pages, Kudzu, Merchant Circle, OnStar, local online newspapers, Facebook, Instagram, YouTube, and other sites. The terms and conditions of these providers all apply. Leeads Interactive will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.
2. Advertising Material
Leeads Interactive has the right to place information pertaining to your business on any of the publisher and search provider websites such as those listed above and you authorise Leeads Interactive to develop content based on information or material provided by you or your designers and collected by Leeads Interactive including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos.
Further, you represent that the material and information you provide to Leeads Interactive is truthful, not misleading, and that you have the authority to represent this product and service information to Leeads Interactive. Additionally, if so contracted, you authorise Leeads Interactive to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication. Further, articles, press releases, and blog postings will be sent for approval before publishing. The timeliness of these pieces is critical to campaign performance. For this reason, all monthly content will be considered approved one week after the content was sent for approach unless requested edits or other communication is received from the client.
Finally, you authorise Leeads Interactive to utilise tracking phone numbers for customer service purposes, and upon automatic notification to all incoming callers on tracking phone numbers if or when that service is contracted.
Domains purchases on your behalf will be released to you within thirty (30) days after service has been terminated.
3. Unacceptable Practices
As Leeads Interactive strives to offer the very best service, there are certain guidelines and policies that must govern Leeads Interactive’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Leeads Interactive’s services.
Such decisions are at the sole discretion of Leeads Interactive. Unacceptable practices include, but are not limited to:
Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
Sexually oriented products or services (e.g. escort services), or other sexually oriented material
Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
Offensive or otherwise distasteful material
Content or language that is harmful to minors in any way
Bulk emailing tools
Distribution of internet viruses or other harmful or destructive activities
Hacking and cracking
Scams or phishing for personal information
Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at Leeads Interactive’s discretion)
Illegal Gambling, gaming, lotteries, and like activities
Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
Defamatory, hateful or revenge content or language.
Aids to pass drug tests or aids to pass lie detector tests.
Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
Reverse Funnel Systems
Illegal drugs or drug paraphernalia
Fireworks, pyrotechnics, firearms, explosives or weapons.
Intentional or unintentional violations of any applicable local, state, national or international law.
Reselling of email accounts or hosting accounts to third parties.
Reselling of any Leeads Interactive services including, but not limited to, design services, and updates to third parties without a written re-seller agreement.
Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
Links to other sites that are in violation of Leeads Interactive policies and guidelines
Other activities, whether lawful or unlawful, that Leeads Interactive deems to be in poor taste or that reflect adversely on Leeads Interactive or Leeads Interactive’s other clients.
Upon the contingency which Leeads Interactive accepts a contract for services on this list, any and all work performed will be paid for by the Client regardless of approval by Google, Bing, Yahoo, Facebook, or any other outside agency.
You agree to pay Leeads Interactive the agreed fees of placing and managing your online advertising & marketing services program up to an amount not to exceed what is stated in your most recent Leeads Interactive agreement. Leeads Interactive may change the fee amount in accordance with procedures established by our search providers and publishers from time to time upon notifications. Please refer to your specific invoice for fee payment due date.
All credit card payments require a 3% processing fee. If an account becomes 5 (working) days past due, all campaign activities will be paused until payment is made and the account is current. If the Client does not pay an invoice when it is due, all work will be put on hold for 5 days. After the 5 days, if the invoice is still not paid, Leeads Interactive shall terminate all campaigns and services immediately without issuing a prior notice; re-initiation fees may apply.
The Client agrees to pay Leeads Interactive compensation for the Services agreed between the Client and Leeads Interactive as set out in this agreement and defined in the contract. Full payments shall be made prior to the commencement of any work by Leeads Interactive.
If Leeads Interactive and the Client agree on a separate quotation regarding any services then the client is liable to pay 50% of the billable amount in advance, prior to the commencement of work. The remaining 50% shall be paid no later than 14 days after the commencement of work.
Invoices will be delivered to the Client in advance.
If the Client does not pay a monthly invoice when it is due, all work will be put on hold for 5 days. After the 5 days, if the invoice is still not paid, Leeads Interactive shall terminate all campaigns and services immediately without issuing a prior notice; re-initiation fees may apply.
The Leeads Interactive contract with the Client will specify the specific term for which your campaign duration will be guaranteed.
7. Representations and Warranties; license and Grant of Rights
You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising campaigns and that the content does not infringe on the rights of any third party and that it complies with all federal laws and regulations.
Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyrights, trade secret, trademark, patenting, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless Leeads Interactive against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to Leeads Interactive resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.
9. No Guarantees
You acknowledge and agree that Leeads Interactive makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. Leeads Interactive does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query. Leeads Interactive does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.
10. Disclaimer of Warranties
To the maximum extent permitted by applicable law, Leeads Interactive and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Leeads Interactive's services.
11. Limitation of Liability and Applicable Law
The maximum aggregate liability Leeads Interactive may have to you will be limited to the total amount of fees collected from you. Leeads Interactive will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by Leeads Interactive.
This agreement shall be governed and construed by the laws of Malaysia. Any claims against this agreement must be made within 3 months from the date of the subject of the claim, and must be made in writing to:
Level 3, Menara BRDB, 285, Jalan Maarof,
Bukit Bandaraya, 59000 Kuala Lumpur.
Should a claim arise, you agree to first seek resolution amicably.
12. Force Majeure
Neither you nor Leeads Interactive will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.
Leeads Interactive may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.
This Terms and Conditions of Service represent the parties’ entire agreement with regard to Leeads Interactive’s provision of services. Agreement with these terms and conditions is upon signature of Leeads Interactive’s Contract, and it will be binding upon you and your successors.
The person signing the Contract certifies that (s)he is lawfully authorised to purchase services on behalf of your company.
16. Effective Upon Execution
Terms and Conditions are binding on both parties on the date the contract between Leeads Interactive and the Client is signed and/or payment is made.