Terms of Service | ProspectX

Introduction

Welcome to ProspectX. These Terms of Service ("Terms") govern your access to and use of the ProspectX website and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

ProspectX Ltd ("ProspectX," "we," "us," or "our") is a company registered in England and Wales (Company No. 16307673) with its registered office at 128 City Road, London, EC1V 2NX, United Kingdom.

Services Description

ProspectX provides B2B lead generation and appointment setting services. Our Services include:

Identifying and qualifying potential business leads based on your criteria
Conducting outreach campaigns via email, LinkedIn, and other channels
Scheduling qualified meetings with potential clients
Providing reporting and analytics on campaign performance

The specific details of the Services to be provided will be outlined in the service agreement or statement of work agreed between you and ProspectX.

Account Registration

To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to disable any user account at any time in our sole discretion, including if we believe that you have violated these Terms.

Client Responsibilities

As a client of ProspectX, you agree to:

Provide clear and accurate information about your business, target audience, and campaign objectives
Review and approve campaign materials, messaging, and targeting criteria
Provide timely feedback on lead quality and campaign performance
Ensure that your use of our Services complies with all applicable laws and regulations
Honor appointments scheduled with leads generated through our Services
Pay all fees and charges in accordance with the payment terms set out in your service agreement

Fees and Payment

Fees for our Services are set out in your service agreement or statement of work. Unless otherwise specified:

All fees are quoted in British Pounds Sterling (GBP)
Payment is due within 30 days of invoice date
Setup fees are non-refundable
We may charge interest on overdue amounts at a rate of 4% per annum above the Bank of England base rate

We reserve the right to change our fees and payment terms from time to time. Any changes will be communicated to you in advance and will apply to future services only.

Term and Termination

Term

The term of your engagement with ProspectX will be as specified in your service agreement. Unless otherwise stated, service agreements may be renewed by mutual agreement.

Termination by You

You may terminate your engagement with ProspectX by providing notice as specified in your service agreement. If no notice period is specified, you may terminate with 30 days' written notice.

Termination by ProspectX

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Effects of Termination

Upon termination:

Your access to our Services will cease
You remain liable for any fees incurred prior to termination
Sections of these Terms that, by their nature, should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

Intellectual Property

Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of ProspectX, our licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Your License to Us

You grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, and distribute any content, materials, or information you provide to us for the purpose of providing the Services to you.

Feedback

If you provide us with any feedback or suggestions regarding our Services, you hereby assign to us all rights in such feedback and agree that we shall have the right to use such feedback in any manner we deem appropriate without any obligation to you.

Confidentiality

Each party agrees to keep confidential all non-public information obtained from the other party in connection with the Services ("Confidential Information"). Confidential Information shall not include information that:

Is or becomes publicly available through no fault of the receiving party
Was in the receiving party's possession prior to receipt from the disclosing party
Is rightfully received from a third party without a duty of confidentiality
Is independently developed by the receiving party without reference to the Confidential Information

Each party agrees to use the Confidential Information only for the purpose of performing its obligations under these Terms and to disclose such information only to its employees, agents, and contractors who have a need to know and who are bound by obligations of confidentiality no less restrictive than those contained herein.

Data Protection

Both parties shall comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018.

The parties acknowledge that, for the purposes of data protection legislation, you are the data controller and ProspectX is the data processor in respect of any personal data processed by ProspectX on your behalf.

ProspectX shall:

Process personal data only on your documented instructions
Ensure that persons authorized to process the personal data have committed themselves to confidentiality
Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk
Assist you in ensuring compliance with your obligations under applicable data protection laws
Delete or return all personal data to you at the end of the provision of Services

For more information on how we process personal data, please refer to our Privacy Policy and GDPR Compliance documentation.

Warranties and Disclaimers

Our Warranties

We warrant that:

We will provide the Services with reasonable skill and care
We will comply with all applicable laws and regulations in the provision of the Services
We have the right and authority to enter into and perform our obligations under these Terms

Your Warranties

You warrant that:

You have the right and authority to enter into and perform your obligations under these Terms
Your use of our Services will comply with all applicable laws and regulations
Any materials or information you provide to us will not infringe the intellectual property rights or other rights of any third party

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.

WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICES, INCLUDING THE NUMBER OR QUALITY OF LEADS GENERATED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROSPECTX, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION SHALL NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION.

Indemnification

You agree to indemnify, defend, and hold harmless ProspectX, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your use of the Services
Your violation of any rights of a third party
Your violation of any applicable laws, rules, or regulations

Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services.

General Provisions

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.

Entire Agreement

These Terms, together with the service agreement between you and ProspectX, constitute the entire agreement between you and ProspectX regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter.

Waiver

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. No waiver under these Terms shall be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

Notices

Any notices or other communications provided by ProspectX under these Terms will be given by posting to our website or by email to the address specified in your account. Any notices or other communications provided by you under these Terms should be sent to hello@getprospectx.com.

Contact Us

If you have any questions about these Terms, please contact us at:

ProspectX Ltd
128 City Road
London, EC1V 2NX
United Kingdom

Email: hello@getprospectx.com