Lead Generation Terms & Conditions
This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the PinPoint Legal Marketing Lead Generation Program (the “Program”). As used in this Agreement, “we” or “Agency” means PinPoint Legal Marketing, and “you” or “Client” means the applicant/attorney/law firm that has executed the agreement. It becomes effective only when signed by the Client or electronically accepted through Agency’s invoicing and payment processing gateway. There is a link to this agreement and acceptance acknowledgment prominently displayed on Agency’s Invoicing and Payment Processing Gateway.
Enrollment in the Program: To begin the enrollment process, you will submit a completed invoice and payment authorization form. The authorization form and invoice will detail how many leads, which practice area(s), geographic area(s), and the cost per lead that has been agreed to. We will evaluate your agreement and will notify you of your acceptance with a receipt of payment accepted within 3 business days.
Term of the Agreement: Your participation in the Program will begin upon our acceptance of your Program application and will end when funds are depleted. Pre-payment for all agreed upon leads is due prior to any leads being delivered.
Leads: As used in the Agreement, the term “Lead” means an inquiry for legal information in your specified geographic and practice areas, submitted by potential clients via our or affiliated web sites and delivered to participants via e-mail. We send each Lead to One Law Firm exclusively.
You understand that the leads are NOT clients, have not signed a retainer, and have no obligation to pay you for any services rendered. A “Lead” is a request for information; we are not a lawyer referral service. Consequently, you must receive a separate agreement from each prospective client before entering into any arrangement for legal services.
Delivery of the Leads: We will be responsible for sorting out and delivering to you leads, submitted via our website or affiliated websites, in accordance with your lead requirements and this Agreement. Leads sent to the e-mail address provided by you, until we have received notice of any different e-mail address, be deemed to have been delivered to you whether actually received or not. Billable leads are calculated by what has been sent from our system via email. As different email clients and web hosting companies have different levels of spam filtering, we will not be held responsible for leads that are sent successfully by our system but rejected or filtered to spam/junk folders by your email provider.
Use of the Leads: The Leads delivered to you under this Program are only for your use. You agree to reply to the leads in a timely manner and act in accordance with all applicable State and National Bar Association guidelines. You agree that you shall not resell, exchange, transfer or distribute our leads to any other person or entity (except within same law firm or entity). All offenders will be immediately excluded with no refund due.
Fees: You agree to pay a lead generation fee for each “qualified lead” delivered to you by e-mail. The lead generation fee is established by us and may change. If the fee changes we will send a change notice to all Program participants and post it on our site however, any prior agreements will be honored by us at the agreed upon price until we have delivered all agreed upon leads.
Payment: Leads are ordered and paid in advance. You may order any number of leads above our specified minimum order at any time through your account representative. All payments credited to your account are non-refundable.
Initial Order You will choose how many leads you’d like to buy initially with your account representative. The minimum amount we require to be placed in an account will vary depending on geography and practice area.
Your Account Lead generation fees will be deducted from your account. You will be notified by e-mail when your account reaches a credit balance of $500.00, and you’ll have the opportunity to renew your order at our current rates. If your account falls to $0.00 we will send you another notice and put a hold on the leads to you until payment is received.
Return Policy Unless otherwise stated, our return policy is as follows:
Returns will be granted within a timeframe of 10 days of the initial delivery (weekends and holidays included) of the lead for the following reasons. These reasons will be verified by our credit department prior to granting a return (i.e. If the reason for return is a disconnected phone number, our agents will call the number and verify that it is in fact disconnected. If it is not disconnected as stated, no refund is due).
Our national average for lead returns fluctuates between 18-22%, and while we will make every effort to approve the returns submitted, we may be forced to place a maximum monthly limit of no more than 30%.
- Disconnected phone number, wrong number, or phone number given is a fax number.
- Accident location is outside of agreed upon geographic area.
- Practice area is outside of agreed upon area of law.
- Client has already retained an attorney for this issue.
- No injury caused by the accident.
- Accident took place outside statute of limitations.
- (Auto only) Lead was found at fault for the accident.
- (Workers Comp only) Injury was not sustained while on the the job.
“No Contact” Leads: There will be instances where someone submits their information and then decides not to answer or return phone calls from the law firm that follows up. If the phone number rings to a working voicemail and the lead information isn’t clearly spam, the lead is considered billable as individual firm’s follow up methods and a multitude of factors on the lead’s end are completely out of our control. Put simply, “Unable to make contact” is not a valid reason for returning a lead for credit. Additionally, we do not grant returns for people who changed their mind about speaking with an attorney after submitting the form, do not want to hire an attorney, or simply had a question about their situation.
Closing an Account and Termination of Participation Either you or we may terminate your participation at any time, with or without cause, by giving the other party written notice of termination. Closing an account will not affect rights and obligations of either party incurred prior to the date the account is closed. Any leads agreed upon prior to termination of an account will be delivered, at which time the account will be terminated.
Disclaimers We make no express or implied warranties or representations with respect to the Program or to the leads delivered through the Program including, without limitation, warranties as to the results that may be obtained from your participation in the Program or the use of the leads. The leads are provided “AS IS”, with no warranties whatsoever, unless otherwise expressly stated in this Agreement. We do not imply that any leads will turn into cases and cannot control what your firm does with the lead once it has been delivered. We are not an agent of your firm nor are we affiliated in any way with the person requesting information, i.e. “The Lead”. We only collect information from individuals requesting legal information and transfer it to you. You agree that outside of our agreed upon Return Policy as outlined above, we cannot and do not guarantee the accuracy, reliability or content of any information submitted by the prospects.
In addition, we specifically disclaim any warranty that the operation of our web site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Limitation of Liability We shall not be liable for any indirect, special, incidental or consequential damages arising in connection with this Agreement or the Program, including without limitation, any loss of profits or business interruption, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with the Program will not exceed the total lead generation fees paid or payable to us.
Indemnification You agree that you shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, asserted against us, that may arise or result from any action taken, or any service performed or agreed to be performed by you, your agents or employees to any person in response to or in connection with any lead delivered to you through the Program.
Representations and Warranties
You hereby represent and warrant to us as follows:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
- The execution, delivery, and performance by you of this Agreement will not conflict with or violate any provision of law, rule, or regulation to which you are subject.
Independent Investigation You acknowledge that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
Entire Agreement This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes any verbal conversations, other communications, and previous agreements, if any.
Modification You agree that we may modify our Program or change the terms of this Agreement, in whole or in part, at any time in our sole discretion. You will be notified by email of any changes. If any modification is unacceptable to you, may terminate this Agreement once all prior agreements have been fulfilled by us at the prior terms. Your continued participation in the Program following our sending of a change notice will constitute binding acceptance of the change.
Assignment You may not transfer your account or assign this Agreement, by operation of law or otherwise, to any other person or entity, without our prior written consent. Any such attempted assignment or transfer shall be void and without effect.
Governing Law This Agreement will be governed by the laws of the State of California, without reference to rules governing choice of laws.
Waiver Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
Your submission of a Program application confirms (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you understand the terms of this Agreement.
Should you have any questions concerning this Agreement please do not hesitate to contact us.