General Terms and Conditions (GTC) for Companies
General Provisions and Scope of Application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between Lead Hero International Ltd., Efesou 9, CY-5280 Paralimni (hereinafter referred to as the "Operator" or "we/us"), and companies that accept inquiries/orders from end customers via the portal operated by the Operator <insert platform name> (hereinafter referred to as the "Portal") and use the Operator's brokerage services. Deviating terms and conditions from companies are not accepted.
The Operator only enters into such contracts with companies as defined by Section 14 BGB.
The contract language is German. The business relationship between us and the company is governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from or in connection with this contract, including its validity, is Cologne, Germany.
These GTC, in their current version, can be accessed and downloaded from the Portal at any time.
Services Provided by the Operator
The Operator provides general information on the Portal free of charge, which does not specifically relate to the sale of services. This information is intended solely to assist with decisions on whether and how to proceed with a project.
Registered users are periodically provided with information on relevant topics and related subjects.
The Operator connects users (both registered and non-registered) with companies free of charge and without obligation. These companies provide advice, prepare offers, and deliver the requested services. For this purpose, the Operator searches for suitable companies for the respective inquiries and contacts them. Companies can view the details entered by the leads on the Portal and pay to access the contact details of these leads. This service is governed by a brokerage contract between the Operator and the company under these GTC.
Contract Formation
After receiving an inquiry, the company has the option to purchase the contact details of the lead to get in touch and provide an offer for the requested services.
The Operator merely facilitates the exchange of relevant customer data (e.g., problem description, address, and contact details) and connects leads with companies. The Operator’s service consists solely of transmitting the lead's contact details to the respective company. The Operator does not guarantee that a contract will be concluded between the lead and the company. Once the contact details have been transmitted, the Operator’s obligations under this agreement are considered fulfilled.
The Operator sends the inquiry to the company via email. This email includes details such as the location, problem description, and the cost of accessing the contact details. By clicking the "Unlock Contact Details" button, the company is redirected to the Operator’s website, where it must confirm the price for accessing the contact details and provide its billing address. After entering an individual password, the company finalizes the brokerage contract by clicking the "Buy Now" button. Following this, the company automatically receives the lead’s contact details via email.
To fulfill the contract, the Operator is authorized to share the company’s data with the lead.
After receiving the contact details, the company can contact the lead and submit offers. If the lead accepts an offer, the contract is concluded solely between the lead and the company. Separate terms and conditions may apply within this contractual relationship, including additional services requested by the lead. The Operator does not become a contractual party and acts solely as an intermediary. The Operator is neither a representative nor an agent of the companies or the leads.
The Operator has no influence on whether a contract is concluded between the lead and the company and assumes no responsibility in this regard. Whether a contract is concluded depends entirely on the lead and the company.
The brokerage service is free of charge for the lead. The Operator charges the company a fee for providing the lead’s contact details.
After the first purchase of contact details, additional matching leads are displayed to the company. These can be unlocked for a fee without requiring the company to re-enter its password. These GTC also apply to subsequent purchases.
Company Obligations
- The company must ensure that the email containing the lead’s contact details is received after the purchase. This includes checking the spam folder of the relevant email program. If the email is not received within 2 hours, the company must contact the Operator.
- The company acts in its own name.
- The company must deliver the requested services itself and may only pass them on to third parties with the lead’s explicit consent. Using the lead’s data for other purposes or reselling the data to third parties is prohibited. Any violation of this provision will result in a contractual penalty. The Operator reserves the right to claim further damages, with the contractual penalty being offset against such damages.
- The company must pay the agreed fee for accessing the lead’s contact details, regardless of whether a contract is concluded with the lead.
- The company must not violate third-party rights or engage in unlawful activities when using our services. Any misuse or illegal actions are strictly prohibited. The company must use our services with the utmost care and refrain from any actions that could directly or indirectly compromise the portal’s server integrity or stability.
Payment Terms and Invoicing
- The company pays a fee for each purchase of lead contact details. The fee amount is disclosed to the company before the purchase.
- The Operator invoices the company for the leads provided. The Operator is entitled to issue invoices at any time for the leads provided up to the invoice date.
- Invoice amounts must be paid within 7 days of issuance.
- All prices are net prices and exclude the applicable VAT.
- If payment is not credited to the Operator’s account by the due date, the company is automatically in default without further notice. Statutory default consequences apply.
Cancellation of Purchased Leads
In general, purchased leads cannot be canceled. The Operator may accept cancellations as a goodwill gesture if one of the following conditions is met:
- The company and the Operator have attempted to contact the lead multiple times after purchase (e.g., 3 calls and 2 emails) and can provide evidence of these attempts.
- The lead does not allow for an appointment, and the company can provide written proof.
- The lead contacted the company about the same issue within the past 8 weeks before the purchase, and the company can provide proof.
Cancellation requests must be submitted in writing and are valid only after written confirmation from the Operator.
Cancellations are only possible within 7 days of lead purchase and are explicitly excluded for leads already invoiced for over 7 days.
Termination
Ordinary termination rights are excluded. Both parties retain the right to extraordinary termination for good cause under statutory provisions.
Advertising
The Operator is authorized to promote the portal, including advertising the company’s participation.
The company may also advertise its participation in the portal. However, it may not use the Operator’s text, trademarks, or other identifiers without prior written approval.
Warranty
All information on the portal is for informational purposes only and does not constitute a warranty or guarantee. The Operator does not provide legal or tax advice.
The Operator assumes no liability for the performance of the companies referred or the work they carry out. Any obligations or issues arising from the contractual relationship between the lead and the company are the sole responsibility of these parties.
Liability
The Operator is fully liable for damages caused by intent or gross negligence. For slight negligence, liability is limited to essential obligations that jeopardize the contract’s purpose or cardinal obligations necessary for proper contract execution, but only for foreseeable, typical damages.
The limitations do not apply to injury to life, body, or health, product liability claims, or data protection-related claims.
If our liability is excluded or limited, the same applies to our employees, representatives, and agents.
Data Protection
The company must treat lead data confidentially and use it exclusively for contract-related purposes as outlined in the inquiry.
Severability Clause
If any provision of these GTC is invalid, the remaining provisions remain unaffected. The invalid provision is replaced by a valid one that most closely reflects its economic purpose. The same applies to contractual gaps.