Terms & Conditions

1. Provision of Services

Lead Lists Data Solutions (“we”, “us”, “our”) agrees to provide the marketing services (“Services”) to the client (“you”, “the User”) as detailed in the applicable quote, project scope, or agreement (“Schedule”).

In consideration for providing the Services, you agree to pay the associated fees in accordance with the Schedule and the agreed payment terms. Unless otherwise stated, all fees are exclusive of Goods and Services Tax (GST).

2. Client Obligations

You warrant and represent that you:

Will comply with all applicable laws and regulations, including but not limited to privacy, marketing, and data protection laws;
Have all licences, authorisations, consents, and approvals necessary to perform your obligations under this agreement;
Will use the Services lawfully and only for their intended purpose, as set out in this agreement, the Schedule, Privacy Policy, and Terms of Data Use.

3. Intellectual Property

Each party retains ownership of their pre-existing intellectual property. Where applicable by law, any intellectual property developed during the delivery of the Services will belong to the User.

4. Confidential Information

“Confidential Information” means any non-public information disclosed by one party to the other in connection with their business relationship, including:

Personal information such as name, address, phone number, date of birth, government ID numbers, or other identifiers;
Proprietary or trade secret information clearly marked or otherwise indicated as confidential;
The specific terms of this agreement or any other commercial agreements between the parties.

Confidential Information does not include information that is public, independently developed, or lawfully obtained from a third party.

Each party agrees to:

Keep all Confidential Information secure and disclose it only to authorised personnel who require access for legitimate purposes;
Use no less than reasonable care to protect Confidential Information;
Implement administrative, physical, and technical safeguards to prevent unauthorised access or misuse;
Ensure secure data destruction procedures are enforced when disposing of Confidential Information;
Immediately notify the other party if Confidential Information is suspected or confirmed to have been lost, stolen, misused, or accessed without authorisation;
Comply with all applicable privacy and data protection laws when storing or transmitting Confidential Information.

5. Employment Restriction

Both parties agree not to directly or indirectly employ or engage any employee or contractor of the other party during the term of engagement and for a period of 12 months following the conclusion of their working relationship.

6. Termination

Either party may terminate this agreement immediately by written notice if:

The other party commits a material breach that is not capable of remedy;
The other party commits a material breach and fails to remedy it within 28 days after written notice specifying the breach.

7. Force Majeure

Neither party is liable for delays or failures to perform obligations due to events beyond their reasonable control, including natural disasters, war, terrorism, epidemic, quarantine restrictions, changes in law, or labour disputes.

If such an event continues for more than 30 days, either party may terminate this agreement by giving written notice.

8. Indemnity

Each party agrees to indemnify and hold the other, its affiliates, and agents harmless against any claims, damages, or losses arising from a breach of this agreement.

9. Limitation of Liability

Lead Lists Data Solutions is not liable for:

Delays in service delivery;
Failures resulting from third-party software or systems;
Viruses or malware introduced outside of our control;
Damage to hardware, equipment, or data, including associated recovery costs;
Any indirect or consequential loss.

To the extent permitted by law, we make no warranties or representations beyond what is set out in this agreement. We do not guarantee the Services are merchantable, fit for purpose, or error-free.

10. Service Modifications & Continuation

A minimum of 7 days’ notice is required if you wish to halt, postpone, or change the Services after commencement.
To continue Services after completion, confirmation must be provided at least 14 days prior to the end date to avoid re-setup fees.

11. Notices

All notices must be sent via email to:

Lead Lists Data Solutions – enquiries@leadlists.com.au
User – the email address listed in the Schedule or client agreement.

12. Severability

If any provision of this agreement is deemed invalid or unenforceable, it will be severed without affecting the validity of the remaining terms.

13. Waiver

Failure by either party to enforce any right or delay in doing so does not constitute a waiver of that right.

14. Entire Agreement

This agreement, together with the Schedule, Privacy Policy, and Terms of Data Use, forms the complete understanding between the parties and supersedes any prior agreements or communications.

15. Governing Law

This agreement is governed by the laws of Victoria, Australia.