Park Row Marketing Terms

THIS AGREEMENT (“Agreement”) dated from the date that you sign up for our subscription (the “Effective Date”) is made between your company  (the stated company on the subscription) (the “Company”), and;

Park Row Marketing Limited, Registered number (10264627)  (the “Agent”), for the purpose of setting forth the exclusive terms and conditions by which the Company desires to acquire the Agent’s Services In consideration of the mutual obligations specified in this Agreement, the parties agree to be legally bound as follows:

Definitions 

In this agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings:

“Agent” is not intended to mean any agency at common law. Park Row Marketing is only a marketing and introducer agent. Nothing in this agreement shall constitute any party the agent of another party to  authorise any party to make or enter into any commitments for or on behalf of any other party – including third parties.

“Chat” means where a Prospect visiting the Company’s website begins a conversation with Agent via web chat 

“Chat Matrix” Is the pre-agreed route of conversational route that Agent will follow to achieve a Qualified Lead, a Chat, a Quote or a Meeting

“Confidential information” is any information which one party requested, in writing, to the other party to be treated as confidential. This excludes any information which is trivial, already been disclosed or is publicly available  

“Customer” means a Prospect that’s agreed to services from Company 

“Prospect” means specific organisations that Company would like Agent to contact

“Qualified Lead” means a Prospect who has agreed to one of the Positive Responses outlined in “Positive Response checking leads process” or here https://parkrow.marketing/data-driven-lead-generation-our-brand-promise/   

“Renewal Date” The renewal date is the date of the month that Telemarketing contact commences. A full month will be taken from that date of the month that Telemarketing contact originally commenced, renewing on the same date of the following month 

“Script” means the series of questions and specific required answers which are agreed between Company & Agent to generate a Qualified Lead 

“Services” means the services set out in Section A, and as may be varied or substituted from time to time given the appropriate notice

“Statutory Interest” means 8% plus the Bank of England base rate for business to business transactions in accordance with the UK Government Late Commercial Payments Guidelines 

1. Services:

Company retains Agent, and Agent agrees to perform for Company, services set forth in Section A to this Agreement (the “Services”).

2. Consideration / Compensation

In exchange for the Services to be rendered to Company, Company shall provide Agent, as full and complete compensation the below sum is to be paid for the Services. Depending on which package you selected, our offerings are as follows.

Payment Options via card subscription:

  1. Quarterly via card with 7 day terms 5% discount 
  2. Monthly upfront via card with 7 day terms
Monthly Services Kickstart Grow  Scale
Up to 500 LinkedIn Connections Per Month
Personal Non-Automated 1st Message
Follow Up & Full Conversion Management
InMails to targeted prospects
Leads booked in your schedule 
Email Content (Tried & Tested Formula)
B2B Email Marketing Campaign Up to 1500 contactsUp to 1500 contactsUp to 2500 contacts
Email Content (Tried & Tested Formula) 
Experienced Telemarketers 8 hours per week16 hours per week

3. Nondisclosure:

(a) The parties acknowledge that during the course of this agreement, any party (the “Receiving Party”) may acquire information regarding any of the parties (the “Disclosing Party”) their business activities and operations or those of their customers and suppliers, other information of a confidential and proprietary nature (“Confidential Information”). Information becomes Confidential Information when the Disclosing Party explicitly states in writing to the Receiving Party that the information is to be treated as confidential

(b) Each party, as Receiving Party, agrees that:

  1. it shall keep secret and confidential any Confidential Information and shall use the same degree of care in safeguarding the Confidential Information as it uses for its own Confidential Information of like importance, but no less than reasonable care.
  2. it shall not disclose, publish or communicate the Confidential Information to any third party;
  3. it shall use the Confidential Information only for the purposes of this agreement, and in particular in relation to the performance of any obligations and the exercise of any rights under it; and
  4. upon discovery of any disclosure or misuse of Confidential Information, the Receiving Party shall use all reasonable endeavours to prevent any further disclosure or misuse.

(c) The Receiving Party may disclose the Confidential Information to:

  1. those of its employees, officers, Agents, professional advisers and consultants who need to know the same on the basis that such employees, officers, Agents, professional advisers and consultants will keep the same confidential in accordance with the provisions of this clause 3;
  2. as required by law, including by a court of competent jurisdiction or governmental or regulatory authority, provided, however, that in the event of a proposed disclosure pursuant to this sub-clause
  3. the parties shall co-operate in good faith regarding the timing and content of any such disclosure.

(d) The restrictions on use or disclosure of the Confidential Information will not apply to:

  1. any information which is in the public domain (provided that this has not happened because of a breach of this agreement or any other duty of confidentiality);
  2. any information which the Receiving Party already possessed prior to disclosure by the Disclosing Party and where the Receiving Party was at the time of such disclosure free to disclose that information to others;
  3. any information independently originated by the Receiving Party or acquired by the Receiving Party from a third party in circumstances in which such party is free to disclose it to others;
  4. any information which is trivial or obvious.

4. Indemnification:  

Both parties agree to take all necessary precautions to prevent injury to any persons or damage to property during the term of this Agreement. Company shall indemnify, defend and hold harmless the other party, its officers, directors, shareholders, employees, representatives and/or agents from any claim, liability, loss, cost, damage, judgment, settlement or expense (including attorney’s fees) resulting from or arising in any way out of injury (including death) to any person or damage to property, loss of profits, loss of or damage to reputation, loss of customers, wasted management or other staff time; arising in any way out of any act, error or omission on the part of Agent or any Agent team member in the performance or failure to fulfill any Services or obligations under this Agreement. 

5. Insurance and Other Requirements:

(a) Agent warrants that it will obtain and keep in full force and effect at all times hereunder workers’ compensation, general liability and errors and omissions or professional liability insurance covering all of its Services. 

(b) Agent shall provide to the Company copies of all policies required to be maintained, and a Certificate of Insurance indicating said coverage shall be provided to Company upon request.  

(c) Agent also warrants and represents that it has properly classified all of its workers, has and will maintain all required licenses and certifications.

6. Termination:  

This Agreement will commence from the date that both parties have signed the agreement. The campaign will commence on the date that the Telemarketing contact commences (The Renewal Date) and remain in force for 2 months, following which the agreement will remain in force with a minimum of 30 days notice from the Renewal Date must be given to cancel the agreement.

7. Exclusion of Partnership:  

Nothing in this Agreement shall be deemed to constitute a partnership between Company and Agent. This Agreement creates no relationship in the nature of a joint venture, partnership or limited partnership between the parties, and the parties acknowledge that no other facts or relations exist that would create any such relationship between them.

8. General:

(a) This Agreement does not create an obligation on Company to continue to retain Agent beyond this Agreement’s termination. This Agreement may not be changed unless mutually agreed upon in writing by both parties.  

(b) This Agreement shall be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

(c) In the case of a disagreement, both parties agree to mediation as a first method of resolving the dispute

(d) This Agreement contains the entire agreement between the parties hereto with respect to the transactions contemplated herein. The language of all parts of this Agreement will in all cases be construed as a whole in accordance with its fair meaning and not for or against either party.

(e) All notices provided for in this Agreement shall be given in writing and shall be effective when either served by hand delivery, electronic facsimile transmission, express overnight courier service, or by registered or certified mail, return receipt requested, addressed to the parties at their respective addresses as set forth at the beginning of this Agreement, or to such other address or email addresses as either party may later specify by written notice to the other. 

(f) Agent reserves the right to charge Statutory Interest on top of outstanding payments for Qualified Leads if payment has not been successfully made on or before 7 days from the date of the invoice

Section A

AGREEMENT SCOPE OF SERVICES

Company hereby retains Agent, and Agent hereby agrees to perform for Company, certain services, to generate leads as outlined here

What counts as a ‘Qualified Lead’?

Below is the definition of a Qualified Lead. This is outlined and updated from time to time in https://parkrow.marketing/data-driven-lead-generation-our-brand-promise/ or “Positive Response checking leads process” https://docs.google.com/document/d/1IzwBuBUDk4xhXAkoMyz5iYnrEPXOzmk2gWjONGb_YPM/edit 

What we do for you

We fill your current pipeline of high value opportunities. You receive a whole pipeline of contacts, ranked in different levels of engagement:

Prospects 

A pipeline of pre-qualified contacts who are valuable opportunities for you:

Qualified 1st Connections who meet your strict criteria 

Marketing Qualified Leads

We provide long-term value by building a pipeline of renewal dates and future pipeline for you. This can be done via Telemarketing, Web Chat, Email & LinkedIn:

  • Prospects who Follow your company on LinkedIn
  • Subscribed to your newsletter on LinkedIn
  • Prospects who’ve interacted with your LinkedIn profile 
  • Prospects who have opted in to contact 
  • Renewal dates & Key Follow – Ups

Sales Qualified Leads

High value leads who want further contact from your sales team. This can be done via Telemarketing, Web Chat, Email & LinkedIn:

  • Request to sent info and then follow up
  • Booked Face to Face meetings 
  • Online / Phone Meetings
  • Requests to Call to discuss

This is about getting you positive responses, this means that leads do come up which will ask for meetings, but also ones who have questions about your product or would like to speak further. This is about getting you opportunities for now and the short to medium term future

What happens when a Qualified Lead is disputed 

If you have reason to believe that a Lead does not count as a Qualified Lead, then we follow the below process:

  1. Agent will provide Company with as much information as they have has to help with the investigation, including any call recordings and written statements. Listening to the call recording to confirm that the Qualified Lead criteria has been met 
  2. This information is compared to the Script and the criteria that we have agreed on counts as a Qualified Lead. 1 of 2 outcomes will be achieved:
    1. After an investigation, Agent concludes that the Lead does Qualify
    2. If Agent agrees with Company that Lead does not count as a Qualified Lead, then this a replacement Qualified Lead will be created or a refund/credit provided
  3. Off the back of this, Agent and Company will discuss the best resolution and agree on future actions
  4. If you agree to attend a meeting that doesn’t meet the qualification criteria, then it will automatically count as a Qualified Lead

Our Policy with cancelled meetings

Our policy with canceled meetings is that we are happy to rebook the meeting if:

  • There’s a no show from the Prospect 
  • Within 5 working days of Agent booking the meeting with Prospect, we agree the lead doesn’t meet the agreed criteria

In both cases, we are happy to call the Prospect back to re-qualify and re-book the appointment, they will still count as a Qualified Lead. As we go to great lengths to book meetings at times that are good for you by booking them at times that work for you. 

Continuous rolling agreement 

This agreement reflects the rolling, continuous nature of the campaign. Our notice period for ending the campaign is outlined in section 6. At Agents sole discretion, Agents may agree to a temporary 1 month pause on the campaign if requested by Company. This will be granted at Agents discretion, and with each temporary pause that has been agreed, both parties will confirm

  • The date on which the campaign will pause
  • The length of period that the campaign will be paused for 
  • The date that the campaign will start again
  • If there is a delay to the campaign recommencing, The below section ‘access and data’ Will apply
  • On all temporary pauses, the required notice term will need to be served

Access and data

Agents ability to perform the required services is dependant on being able to properly access CRM systems, databases, customer data and prospects data, etc. If we are unable to perform the required services due to data access, due to login issues, system issues or for any other reason, Company Will be still be required to pay the hours per month at the hourly rate specified in section 2 for the notice period outlined in section 6

If you cancel, do not attend or need to reschedule a meeting

If you do not show up to a meeting that qualifies then it still counts as a Qualified Lead and it is down to you to reschedule it

LinkedIn Profile & Sales Navigator

We require a live Sales Navigator LinkedIn account from a member of your team. This is ideally an existing profile, but if you do not have one then you may need to make a linkedin profile and add the Sales Navigator Subscription 

The price of the Sales Navigator Subscription is not included in the quoted monthly price in 2. Consideration/Compensation. At the time of publishing, the monthly price of sales navigator subscriptions can be found here https://business.linkedin.com/sales-solutions/compare-plans#1

Passwords and how we keep Logins secure 

We will need access to your LinkedIn account, please send us the login details via;

  1. Dashlane (if you have it) 
  2. Via the portal app.parkrow.agency 

The logins will be shared with our team members in a secure way for the purposes of performing our duties only.

Please do not change your password while the campaign is running. If you do, please tell us immediately so that we can continue to work on your account. Any LinkedIn work that we are unable due to password/access will still be chargeable.

Privacy Policy

In order to comply with best data protection practices, you should make your prospects are aware that we process data as your agent and a third party data controller. We pride ourselves on being rigorously compliant with the latest data protection laws, and we want to afford our client’s website visitors the utmost transparency.

For Web Chat – Please add this to your privacy policy;

We recommend using the following passage in your privacy policy:

“Our web chat feature is managed by Park Row Marketing Ltd on our behalf. Please view their privacy policy here for information on how they handle any personal data you disclosure during web chats. “

For all other services we provide;

Please provide a link to our privacy policy (which can be found here https://parkrow.marketing/privacy/) so they know exactly how we deal with their personal data.

Complaint process

Below is our complaint process https://parkrow.marketing/privacy/ 

  1. If Agent feels like there is an expression of dissatisfaction from a Prospect, Agent will contact Company as soon as possible
  2. Agent will provide Company with as much information as Agent has to help with Company’s investigation, including any call recordings and written statements
  3. Once Company has Agent’s and the Prospect’s statements, Agent would like to have a conversation with the Prospect and Company, if applicable, to discuss the best resolution and agree on future actions