LeadAdd Service Agreement

1. ENGAGEMENT

The Service Provider agrees to provide Company with the Services as defined at www.LeadAdd.co.za and Company agrees to the stipulated provisions for accepting this service.

2. SERVICES PROVIDED

Service Provider shall provide services to the Company and the Company agrees to indemnify the Service Provider in respect of such service provision, in both cases in accordance with the terms and conditions and Indemnities as detailed in this agreement.

The description of the Services to be provided by the Service Provider will be reflected, acknowledged, and accepted on acceptance of this service agreement.

Should these Services change, the changes will be reflected on the Service Provider’s website: www.leadadd.co.za.

The delivery of messages is largely dependent on the effective functioning of network operators’ cellular networks, network coverage and the recipient’s mobile handset. Service Provider cannot guarantee the availability of the service or delivery of messages. Service Provider shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services.

The Service Provider assumes no responsibility for the failure of any message delivery or loss of any message, and shall not refund Company for any undeliverable messages. Service Provider will not accept liability for the loss or corruption of Company data due to any such delivery failure or message loss for reasons beyond its control and Company is advised to maintain and keep current copies of its customer lists and all related information.

3. SERVICE SUBSCRIPTION

Any Fees for the Services provided as detailed on the LeadAdd website is funded by the pre-payment of a monthly subscription.

In addition to the monthly subscription there may be additional lead notifications delivered, which shall be paid for as follows.

On Demand deduction added to the monthly subscription

By monthly invoice

By selection of one of the options above the Company is agreeing to the stated fee agreement for that service.

All fees and rates stated in this Agreement are stated exclusive of Value Added Tax which shall in addition be payable thereon.

4. ADDITIOINAL NOTIFICATION DETAILS

Service Provider will provide on a month-by-month basis the itemized details of the additional notifications used.

5. ADMINISTRATIVE AND SUPPORT SERVICES

Service Provider will provide on a month-by-month basis the itemized details of administrative, or support services used.

6. TERM AND TERMINATION

Either Party may by delivering written notice thereof to the other Party, terminate any or all of its obligations under this Agreement, effective immediately.

Any such termination shall not prejudice any other right or remedies available at law to the terminating Party.

7. FORCE MAJEURE

Neither Party hereto shall be liable for any breach of its obligations hereunder arising from or attributable to acts, events, non-happenings, omissions, accidents, acts of God or other causes beyond its reasonable control including but not limited to power outages, network coverage or other related network failures, fires, strikes (of its own or other employees), insurrection or riots or delays or inability to obtain supplies materials equipment components requirements, or voluntary or mandatory compliance with regulations of any civil or military authority (each an “Event of Force Majeure”).

8. PRIVACY POLICY

Personal information collection

LeadAdd may collect and use the following information that you provide during registration on the LeadAdd Applications:

Your Name and Surname.
Your Email address.
Your Mobile number.
Your Company’s Name.
Securing your data

LeadAdd will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information stored on our secure servers.

Disclosure

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, LeadAdd may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and to establish, exercise or defend its legal rights.

9. ASSIGNMENT/ SUCCESSORS

Neither Party may assign this Agreement or any rights hereunder to any other person without the prior written consent of the other Party. This Agreement shall be binding upon and inure to the benefits of the successors in title of the Parties hereto.

10. WAIVER OF BREACH

The failure of either Party to enforce the provisions of this Agreement shall in no way be construed to constitute a waiver of any such provision nor in any way to affect the validity of this Agreement.

11. NOTICES

Any notice required under this Agreement shall be in writing and sent by email, as follows:

Service Provider:
Floodgate Agencies Pty Ltd
Kevin Bassett
kevin@floodgate.co.za

12. CHOICE OF LAW AND COMPLIANCE

This Agreement shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa and the Parties consent to the jurisdiction of the courts for resolution of any disputes and claims arising from or relating to this Agreement.

Company will be fully responsible for ensuring its compliance with all applicable laws, regulations and codes relating to and arising from its use of the services provided by Service Provider including but not limited to the following.

Protection of Personal Information Act 4 of 2013 https://popia.co.za/

Wireless Application Service Providers’ Association (WASPA) Rules and Code of Conduct. www.waspa.co.za

Consumer Protection Act (CPA) https://www.info.gov.za/view/DownloadFileAction?id=99961

The provisions whereof form an integral part of this contract and by reference thereof are deemed to be incorporated herein. Company shall be liable for, and hereby indemnifies Service Provider against all claims, fines, damages, and costs in respect of and arising from any non-compliance.

13. RELATIONSHIP OF THE PARTIES

Service Provider and Company are acting solely as independent contractors under this Agreement. It is expressly understood and agreed by the parties that nothing in this Agreement, its provisions or transactions and relationship should constitute either party as the agent, employee, partner, or legal representative of the other for any purpose whatsoever, nor shall either party hold itself out as such.

14. CONSTRUCTION OF AGREEMENT; ENTIRE AGREEMENT; AMENDMENTS

This Agreement reflects the complete understanding and agreement of the Parties as of the date hereof. No representations, promises, warranties, terms, or conditions that are not recorded expressly in this Agreement shall be of any valid binding force or effect. This Agreement may be amended only by written agreement signed by the Parties hereto.

LeadAdd Website Terms of Use

APPLICATION

www.LeadAdd.co.za Web-application Software is referred to within as “application”.

INTRODUCTION

These terms and conditions govern your use of this application; by using this application, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this application.

This application uses cookies solely on login. By using this application and agreeing to these terms and conditions, you consent to our application’s use of cookies in accordance with the terms of LeadAdd’ s privacy policy.

USE OF APPLICATION

Unless otherwise stated, LeadAdd own the intellectual property rights to the application and material in the application. Subject to the account below, all these intellectual property rights are reserved.

You may view, download, email, or print pages of presentations from the application for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this application.

sell, rent or sub-license material from the application.

reproduce, duplicate, copy, or otherwise exploit material of this application for a commercial purpose.

redistribute material from this application, except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

ACCEPTABLE USE

You must not use this application in any way that causes, or may cause, damage to the application or impairment of the availability or accessibility of the application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this application for any purposes related to marketing without LeadAdd’ s express written consent.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, audio-visual material, and Database material) that you submit to this application, for the purpose of presentation.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or LeadAdd or a third party (in each case under any applicable law).

LeadAdd reserves the right to edit or remove any material submitted to this application, or stored on servers, or hosted or published in this application.

LIMITATIONS OF LIABILITY

LeadAdd will not be liable to you or any responsible person in relation to the contents of, or use of, or otherwise in connection with, this application:

to the extent that is provided for uploading, for any direct loss;

for any indirect, special, or consequential loss, or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if LeadAdd has been expressly advised of the potential loss.

REASONABLENESS

By using this application, you agree that the exclusions and limitations of liability set out in this application disclaimer are reasonable.

If you do not think they are reasonable, you must not use this application.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to LeadAdd’ s other rights under these terms and conditions, if you breach these terms and conditions in any way, LeadAdd may take such action as it deems appropriate to deal with the breach, including suspending your access to the application, prohibiting you from accessing the application.

VARIATION

LeadAdd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this application from the date of the publication of the revised terms and conditions on this application.

Continue down for privacy.

LeadAdd Privacy Policy

Your privacy is important to LeadAdd. This privacy statement provides information about the personal information that LeadAdd collects, and the ways in which it uses that personal information.

PERSONAL INFORMATION COLLECTION

LeadAdd may collect and use the following kinds of personal information that you provide for the purpose of registration on the www.leadadd.co.za application including:

Your Name and Surname.
Your Email address.
Your Mobile number.
Your Company’s Name.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, LeadAdd may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and to establish, exercise or defend its legal rights.

COMMUNICATION SENT TO YOUR EMAIL AND MOBILE CONTACT DETAILS.

LeadAdd may use your email and mobile number to communicate information about your account such as account activation, password resets etc. Reporting services on the application may also use your email and mobile number to deliver reports that have been activated on your account. LeadAdd will not send promotional messages without your consent which can be set in your user profile settings after login.

SECURING YOUR DATA

LeadAdd will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. LeadAdd will store all the personal information you provide on our secure servers.

DESTRUCTION OF INFORMATION

Once this information is no longer required due to the fact that the purpose for which the information was held has expired, such Personal Information will be safely and securely archived for a period of 3 months, thereafter, all your Personal Information will be permanently destroyed.

UPDATING THIS STATMENT

LeadAdd may update this privacy policy by posting a new version on this application. You should check this page occasionally to ensure you are familiar with any changes.

OTHER WEBSITES

LeadAdd is not responsible for the privacy policies or practices of any third party.