This contract is entered into between BDM Media Pty Ltd (hereinafter referred to as BDM Media or ‘The Company’ or ‘Us’ ) and the “Client” or “Credit Card Holder” or ‘You’ or ‘Your’.
- BDM Media will provide the Client with Lead Generation Services using Linkedin (hereinafter referred to as “Lead Gen Program”) as described in this Agreement and the aligning Proposal. BDM Media will target specific clients to direct traffic to an agreed target destination. By entering into this agreement, you give us permission to access your Linkedin profile for the purposes of managing and optimizing your Lead Gen Program. You understand that like any third-party software or tools, LinkedIn Corporation does not endorse the use of this Lead Gen Program nor does LinkedIn Corporation have any association with this Lead Gen Program.
- Assent & Acceptance: By using this Lead Gen Program, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Lead Gen Program immediately. BDM Media only agrees to provide use of this Lead Gen Program to You if You assent to this Agreement. You must be at least 18 (eighteen) years of age to use this Lead Gen Program contained herein. By using this Lead Gen Program, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. BDM Media assumes no responsibility or liability for any misrepresentation of Your age.
- User Obligation: As a user of the Lead Gen Program, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Lead Gen Program and Services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Lead Gen Program to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
- Acceptable Use: You agree not to use the Lead Gen Program for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Lead Gen Program in any way that could damage the general business of BDM Media.
You further agree not to use the Lead Gen Program:
- To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- To violate any intellectual property rights of BDM Media or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination towards any group;
- To unlawfully gather information about others.
5) Privacy Information:
Through Your Use of the Lead Gen Program, You may provide Us with certain information. By using the Lead Gen Program, You authorize BDM Media to use Your information in Australia and any other country where We may operate.
- Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Lead Gen Program, We may also receive information from external applications You use to access Our Lead Gen Program, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our Lead Gen Program, including through email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
- How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Company will store information about You for the following number of days: 30. After that time, it will be deleted
- We use SSL (Secure Sockets Layer) for connections between client side (Lead Gen Program & app) and our servers to protect your data
- We do not collect any payment information of any kind.
- We store only your Lead Gen Program account information (email, licenses, team members for enterprise accounts) on our provider servers
- The Client agrees that the Customer’s personal data may be used and retained by BDM Media for the purposes of –
- Delivery of Goods and Services.
- Marketing of Goods and Services.
- Processing of payment instructions.
- BDM Media has no control over the policies of LinkedIn with respect to the type of campaign or content that they accept now or in the future. The Client’s Lead Gen Program may be excluded from LinkedIn at any time at the sole discretion of LinkedIn.
6. Data Loss: The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Linkedin Program is at Your own risk.
- The Client understands that the costs for the services and payment terms are as agreed in the Proposal / Agreement in the ‘ Investment’ section. The Lead Gen Program services will begin when the first payment is received via direct debit from the Client for the setup fee. All prices listed are in Australian dollars.
- Refund Policy – 25% of the set-up fee will be refunded if the Client requests in writing for the campaign be to terminated within 7 days of the signing of this agreement. Note that refunds are not applicable for Weekly or monthly agency management fees. Refund on Monthly LinkedIn Sales Navigator are based on Linkedin’s own refund policy.
- BDM Media’s LINKEDIN PROGRAM services are intended to serve two main purposes: 1. to provide the Client with access to people fitting the target profile and 2. to drive targeted online communications to Client prospects to engage them to promote conversations with the Client.
BDM Media’s Lead Gen Program Services will include (but not limited to):
- Onboarding foundation workshop to confirm customer avatars, business assets and prospect approach
- Process and script development of Linkedin outreach copy
- Setup of Linkedin Sales Navigator
- Update of Client LinkedIn Profile
- Reporting Setup
Weekly Lead Generation Program
- Messaging your ideal clients via Linkedin
- Automated drip-messages
- Auto-responder campaigns inside LinkedIn
- Weekly Reporting
For the purposes of receiving Lead Gen Program services, the Client agrees to provide the following:
- Administrative/backend access to the Client’s Linkedin Company profile page, and client team member Linkedin Profile page where appropriate and agreed by the client staff member.
- Linkedin Program admin access where required
- Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, e.g., your web designer, if necessary.
- Assistance for setting up the Linkedin Sales Navigator account for the Client
- An email address for the purposes of retaining contact and reporting.
- Authorisation to use client pictures, logos, trademarks, Linkedin Program images, pamphlets, content, etc., for any use as deemed necessary by BDM Media for Lead Gen Program purposes.
- BDM Media will set up your Lead Gen Program campaign as quickly as possible, however in some instances the campaign can take 7-14 days. The time frames we prescribe are reliant upon your full cooperation for the supply of final materials and information. The Client will be required to review and approve certain aspects of the campaign setup in order to progress the campaign to subsequent phases. BDM Media takes no responsibility for Client’s inaction or by not approving copy, of being available for meetings or workshops for their Lead Gen Program campaign.
- Approval of Lead Gen Program Campaign works – On completion of the initial setup of the Client’s Lead Gen Program campaign, the Client will be notified in writing and will have the opportunity to review the Lead Gen Program campaign details. The Client can notify BDM Media in writing of any unsatisfactory information within 7 days of the notification. Any information not deemed to be unsatisfactory within the 7 days review period will be deemed to be approved.
- If the Client wishes to suspend or cancel BDM Media’s Lead Gen Program Services at any time please confirm in writing. Upon cancellation all agreed fees outstanding to BDM Media are to be paid in full within 5 working days of cancellation. If the Client chooses to cancel their Lead Gen Program agreement with BDM Media, the LINKEDIN Sales Navigator fees are not automatically stopped. BDM Media holds no liability for any charges that Linkedin charges after the cancellation of your Lead Gen Program service. If the Client wishes to stop the LinkedIn Sales Navigator account at the same time that the Client cancels their contract with BDM Media, they should notify us in writing. BDM Media can stop the LINKEDIN Sales Navigator Account on the Client’s behalf or the Client may choose to directly access their LINKEDIN Sales Navigator Account to organise cancellation.
- Client agrees to the following with respect to Lead Gen Program services:
- The Client’s ongoing use of the services is binding acceptance of these terms and any changes hereto.
- The BDM Media Lead Gen Program Services are provided for the duration of an agreed time frame as outlined in the Client Proposal. If the duration is not specified in the Client Proposal, a 12 week agreement applies. Should the client choose to cancel the Agreement during the contract term, the remainder of the Weekly Agency management fees agreed are payable in full.
- Following the completion of the campaign, the Client will have the option to end the campaign or keep it going. If the Client chooses to continue with the campaign, but chooses to end the campaign thereafter, the Client is required to provide 7 days notice in writing.
- The use of the BDM Media Lead Gen Program service is at the Client’s own risk.
- BDM Media is not LINKEDIN. BDM Media is a separate entity from LINKEDIN.
- Client acknowledges that BDM Media makes no guarantee that the Lead Gen Program will provide any increase in sales, business activity, profits or any other type of improvement to the Client’s business.
- To the fullest extent admissible by law, BDM Media will not be held liable to the Client for any damages, including without limitation any direct, indirect, special, punitive, incidental, or consequential damage (including but not limited to damages for loss of business profits, business interruption, loss of information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising from the use of this Lead Gen Program or negligence of BDM Media or otherwise
- Where liability cannot be legally excluded, the liability of BDM Media is limited to $1000 or the cost of re-supplying the service again, whichever is the lower amount.
- The Client agrees to indemnify BDM Media for any third party claim for damages arising out of or in any way connected with the supply of services by BDM Media to the Client, including without limitation any direct, indirect, special, punitive, incidental, or consequential damage (including but not limited to damages for loss of business profits, business interruption, loss of information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising from the Lead Gen Program and or negligence of BDM Media or otherwise
- The Client agrees to indemnify and hold harmless BDM Media, its affiliates, subsidiaries, agents, officers and other partners and its respective employees from and against all damages, liabilities, actions, causes of action, claims, suits, losses, demands, costs and expenses (including without limitation reasonable legal fees, disbursements and court costs) arising from or in connection with the Client’s information, the Client’s use of BDM Media’s Lead Gen Program services
- All fees, services, documents, recommendations, and reports are confidential.
- BDM Media reserves the right to subcontract any services that are agreed to perform your Lead Gen Program services
13. Linkedin has its own user agreement which can be viewed at https://www.linkedin.com/legal/user-agreement
When you start your Lead Gen program, you acknowledge that you have read and understand the Linkedin User Agreement and are accepting of its terms and as it relates to this Lead Gen Program.
14. Entire Agreement: This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Lead Gen Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Lead Gen Program.
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Lead Gen Program and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Lead Gen Program after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
15. Service Interruptions: The Company may need to interrupt Your access to the Lead Gen Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Lead Gen Program may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
- The Client agrees to pay for any additional services which are not included as part of this Lead Gen Program Service Agreement including but not limited to Linkedin profile page changes beyond the allocated 1hour duration for Company profile and 1 hour for team member profiles, Lead Gen Program changes, landing pages, 3rd party software, video production, stock images, article writing, fonts or other unrelated expenses. The Client can be charged an additional fee for constructing agreed content based on the hourly rate of $165/hr inc GST or as otherwise quoted.
- Term, Termination & Suspension: The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. BDM Media reserves the right to refuse or terminate service. BDM Media has the right to be free from acts or threatening behavior, abusive or offensive language. Such communication will not be tolerated. No refund will be provided in case of abusive communications.
- The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to BDM Media for inclusion in the ads or on the Lead Gen Program above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend BDM Media and its subcontractors from any liability or suit arising from the use of such elements.
- Dispute Resolution: Any dispute will be subject to the laws of Queensland Australia.
This Agreement constitutes the entire understanding of the parties. Any modifications thereto must be in writing and agreed by both parties.