Park Row Marketing Agreement
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
“Customer” means a Prospect that’s agreed to a contract from Company
“Meeting” means a Prospect that has met the criteria of a Quote, plus confirmed a date/time that they would like to receive contact from Company. It is Company’s responsibility to follow up and make contact at this time.
“Prospect” means specific individuals/organisations that the Company would like Agent to contact, please see ‘1.Services’
“Qualified Lead” means a Prospect who has provided a positive response to Company (see Section A). The criteria for a Qualified lead is confirmed in writing and may change from time to time, provided both parties confirm acceptance of the changes in writing. Any change to qualifying criteria may result in a change in pricing
“Quote” means a Prospect visiting the Company’s website begins a conversation with Agent via web chat, where we have secured customer contact details (Prospect’s Name and either Phone Or Email or Both) and secured a Positive Response as outlined in “Positive Response checking leads process” https://docs.google.com/document/d/1IzwBuBUDk4xhXAkoMyz5iYnrEPXOzmk2gWjONGb_YPM/edit
“Renewal Date” The renewal date is the date of the month that LinkedIn contact commences. A full month will be taken from that date of the month that LinkedIn contact originally commenced, renewing on the same date of the following month
"Services" means the services set out in Section A, and as may be varied or substituted from time to time given the appropriate notice
1. Services:
Company retains Agent, and Agent agrees to perform for Company, services set forth in Section A to this Agreement (the “Services”).
What we are doing for you Growing your pipeline by finding you leads through the following services:
Answering inbound web chat on one domain
Creating Chat Matrix and Qualifying Criteria
Monthly Reviews of Results
Sending Qualified Leads to your contact
Optimising results on your website
Providing the Live Chat widget
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 in respect of the Services.
Package Support Chat Securing Quotes Option Option Selected - The package selected on the subscription Standard The stated amount of Chats are included in the monthly usage. If we generate more Chats, these will be charged in arrears separately. The stated amount of Quotes are included in the monthly usage. If we generate more Quotes, these will be charged in arrears separately. Payment Terms Either paid monthly in advance via card or paid up front via card in bulk
3. 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. Each party 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 professional fees) resulting from or arising in any way out of personal injury (including death) to any person or damage to property, from 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.
4. Termination:
This Agreement will commence from the date that Company has signed up for the subscription. The campaign will commence on the date that the web chat commences (The Renewal Date) and remain in force for 3 months. Following the 3 months, the agreement will remain in force with a minimum of 30 days notice from the Renewal Date must be given to cancel the agreement.
5. 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.
6. General:
(a) 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.
(b) In the case of a disagreement, both parties agree to mediation as a first method of resolving the dispute
(c) 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.
(d) 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.
(e) 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
Frequently Asked Questions (FAQs) answered & Definitions explained
Company hereby retains Agent, and Agent hereby agrees to perform for Company, certain services, including, but not limited to the following: Telemarketing, Web-chat, LinkedIn and/or Email marketing
You can find out more information here https://docs.google.com/document/d/1IzwBuBUDk4xhXAkoMyz5iYnrEPXOzmk2gWjONGb_YPM/
What counts as a Qualified Lead?
Here is the definition of a Qualified Lead, depending on which package you’ve selected above;
Chat - Professional, responsive team are available 24/7 to take customer service, sales or support chats. The specific questions and answers are as defined on the Chat Matrix (See Definitions)
Quotes - Our 24/7 Team capture all opportunities that come by your site. The specific questions and answers are as defined on the Chat Matrix (See Definitions)
Meetings - Qualified contacts where we’ve secured, Contact Details, Booked either meeting or agreed time to contact, plus asked up to 2 key questions to give valuable insight. The specific questions and answers are as defined on the Chat Matrix (See Definitions)
We do our best for this to be provided through our email, web chat and phone channels. However, if a Prospect contacts you, prompted by our activities, then this still counts as a Qualified Lead
We work with you to qualify the data we contact prior to contact. Any positive responses from our campaign will count as a lead
What do you receive with each Qualified Lead?
We want you to be confident in the quality of leads that we generate so we are transparent with how the lead was generated. Where possible, we will provide a copy of the call recording, web chat transcript or emails so that you can see for yourself
Once a lead is confirmed as above, the ownership of the lead passes to Company. It is the Company’s responsibility to make contact to Prospect, attend any appointments and/or reschedule any meetings if required
What happens when a Qualified Lead is disputed
A lead is defined under “What counts as a ‘Qualified Lead’?” and the Agent has the final say in what does and does not count as a Qualified Lead. That being said, If you have reason to believe that a Lead does not count as a Qualified Lead, then we follow the below process:
Agent will provide Company with as much information as they have to help with the investigation, including any call recordings and written statements. Reviewing the evidence to confirm that the Qualified Lead criteria has been met.
This information is compared to the agreement and criteria that we have agreed on counts as a Qualified Lead. 1 of 2 outcomes will be achieved:
After an investigation, Agent concludes that the Lead does Qualify and is a payable Qualified Lead
Only 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
Off the back of this, Agent and Company will discuss the best resolution and agree on future actions
If you agree to attend a meeting that doesn’t meet the qualification criteria, then it will automatically count as a payable Qualified Lead
Complaint process
Below is our complaint process
If Agent feels like there is an expression of dissatisfaction from a Prospect, Agent will contact Company as soon as possible
Agent will provide Company with as much information as Agent has to help with Company’s investigation, including any call recordings and written statements
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
Scripts, web chat and emails used
We like to get your approval on the spirit and theme of the content we use. Due to the nature of dynamic conversations and follow up, we will use our own content to contact and generate Qualified Leads, in addition to the content (emails, scripts and web chat) that you approve. This content is based on our experience and previous results. Choosing to use these methods in this manner would not affect whether a lead counts as a Qualified Lead (please see What Counts as a Qualified Lead). However, we do welcome your input on the content we use on an ongoing basis.