Billy Partners Dashboard Terms of Service
Welcome to Billy Partners! By using Billy Partners' products, software, services or web sites ("Billy Partners services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to (collectively the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at https://www.billy.com/billy-partners-terms-and-conditions
- USE OF SERVICES
Billy Partners and its affiliated companies offer Billy Partners services to you, provided that you have the authority to form a binding contract. In order to access certain services, you will be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Billy Partners services ("Information"). You are responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account. You agree to immediately notify Billy Partners of any unauthorized use of your password or account or any other breach of security. Billy Partners cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
- BILLY PARTNERS PRIVACY POLICY
For information about our data protection practices, please see our Privacy Policy at https://www.billy.com/privacy. By using Billy Partners services, you acknowledge and agree that Billy Partners may access, preserve, and disclose your account information and any Information associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Billy Partners, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of Billy Partners services, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
- PROPRIETARY RIGHTS
Billy Partners' Rights
You acknowledge and agree that Billy Partners shall be the exclusive owner of all Billy Partners' content, lead data, client relationships, any other material, information, software, programming code, HTML or similar files, computerized data, technology, methods of operation, processes, or algorithms supplied or made available by Billy Partners ("Software") and all Intellectual Property rights in the foregoing (Intellectual Property shall mean Marks, domain names, copyrights, patents, trade secrets, know how, and proprietary technology). Except as expressly authorized by Billy Partners you agree not to copy, modify, distribute, transfer, sell, reproduce, publish, display, perform, reverse engineer, prepare derivative works or otherwise use any of Billy Partners' Intellectual Property. In addition, you may not resell or redistribute or attempt to resell or redistribute any of Billy Partners' leads and/or lead contact information.
Your Rights
Billy Partners claims no ownership or control over any Information submitted by you on or through Billy Partners services. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any information you submit through Billy Partners services and you are responsible for protecting those rights, as appropriate. By submitting Information through Billy Partners services which are intended to be used by Billy Partners you grant Billy Partners full authority to utilize this information to undertake and fulfill the Billy Partners services. Billy Partners furthermore reserves the right to refuse to accept or utilize any Information in its sole discretion.
- GENERAL PRACTICES REGARDING USE
You agree that Billy Partners has no responsibility or liability for the deletion or failure to store any Information and other communications maintained or transmitted by Billy Partners services. You are solely responsible for all of your account settings or account settings made by you on behalf of third-party users.
Upon the termination of your use of Billy Partners services Billy Partners will close your account and you will no longer be able to retrieve content contained in that account.
- NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Billy Partners services, use of Billy Partners services, or access to Billy Partners services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
- MODIFICATIONS TO SERVICE
Billy Partners reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Billy Partners services (or any part thereof) with or without notice. You agree that Billy Partners shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Billy Partners’ services.
- TERMINATION
You may discontinue your use of Billy Partners services at any time. You agree that Billy Partners may at any time and for any reason, including a period of account inactivity, terminate your access to Billy Partners services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled, and you may not be granted access to Billy Partners services, your account or any files or other content contained in your account. Sections of these Terms of Service relating to Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and including choice of law, severability and statute of limitations shall survive expiration or termination.
- INDEMNITY
You agree to hold harmless and indemnify Billy Partners, and its affiliates' officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Billy Partners and Partners") from and against any third party claim arising from or in any way related to your use of Billy Partners services, violation of the Terms or any other actions connected with use of Billy Partners services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Billy Partners will provide you with written notice of such claim, suit, or action.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF BILLY PARTNERS SERVICES IS AT YOUR SOLE RISK. BILLY PARTNERS’ SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BILLY PARTNERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BILLY PARTNERS AND PARTNERS DO NOT WARRANT THAT (i) BILLY PARTNERS SERVICES WILL MEET YOUR REQUIREMENTS, (ii) BILLY PARTNERS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BILLY PARTNERS SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BILLY PARTNERS SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BILLY PARTNERS OR THROUGH OR FROM BILLY PARTNERS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BILLY PARTNERS AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BILLY PARTNERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE BILLY PARTNERS SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM BILLY PARTNERS SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON BILLY PARTNERS SERVICES; OR (v) ANY OTHER MATTER RELATING TO BILLY PARTNERS SERVICES.
- EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 9 AND 10 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
- NOTICE
You agree that Billy Partners may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Billy Partners services.
- GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your from time to time (such as Program Policies and Legal Notices) constitute the entire agreement between you and Billy Partners and govern your use of Billy Partners services, superseding any prior agreements between you and Billy Partners for the use of Billy Partners services.
Choice of Law and Forum. The Terms and the relationship between you and Billy Partners shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and Billy Partners agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Oakland, Michigan.
Waiver and Severability of Terms. The failure of Billy Partners to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Billy Partners services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.
Billy Partners Return, Cancellation & Other Policies
Lead Buyer (hereinafter referred to as "Buyer") will prepay Billy Partners (hereinafter referred to as "Billy Partners") for leads. Billy Partners will provide leads up to the balance of available funds that Buyer has deposited with Billy Partners. Once the balance has been depleted, Billy Partners will provide no additional leads until such time as Lead Buyer provides additional prepayment.
Guarantee of Leads
All leads are guaranteed per the definition below:
1. Working phone number to the person named on the lead or to a representative, parent, or guardian for the person named on the lead.
2. Lead has requested information and/or quote.
3. At time of lead delivery, the lead is within the current filter set selected by Buyer.
Lead Return
Leads may only be returned for credit (not a refund) by Buyer in the manner and according to the following conditions:
· Leads must be returned within seven (7) calendar days from the date the lead was posted to the Buyer account.
· Returned Leads can take up to ten (10) days to process before they are approved or declined.
· Leads must be returned via the return lead area within the Buyer account at https://cp.billy-partners.com/auth/login
Leads are returnable to Billy Partners for full credit if any of the following applies:
· All of the telephone numbers listed on the lead are not valid or working numbers.
· Lead has not requested service information and/or quote.
· At time of lead delivery, the lead does not fall within the current filter set approved by client.
Invalid Lead Return Reasons:
· A representative, parent, or guardian for the proposed consumer is looking for service for the named person on the lead.
· For Exclusive Lead Buyers: Lead claims they were called by other agents, therefore the lead is not considered exclusive by the Buyer;
· Billy Partners guarantees that Exclusive Leads delivered from Billy Partners are only delivered to one (1) of Billy Partners’ Buyers. Further we guarantee that Shared Leads are delivered to a maximum of four (4) of Billy Partners’ Buyers except for the Full Service Moving Industry, which can be delivered to a maximum of eight (8) of Billy Parnters’. Consumers may visit other sites not owned by Billy Partners either before or after they submit their information on one of Billy Partners’ sites. Billy Partners guarantee our Exclusive Leads are not shared with any other Billy Partners Buyer.
· While we guarantee leads to have a working phone number, we cannot guarantee that the prospect will take Buyers calls, or return them, or that they will have a voicemail system. The responsibility is on the Buyer to diligently call the consumer as soon as possible after lead purchase and to continuously follow up.
· Lead does not return email(s) sent from Buyer, or the lead email address is invalid.
· Buyer fails to "deactivate or pause" their account when requesting a filter set change causing a lead to be delivered to their account under the old filter settings.
Lead Delivery
It is understood and agreed that the main delivery method of purchased leads to Buyer is via the Billy Partners Dashboard provided at https://cp.billy-partners.com/auth/login. The Buyers Dashboard lists all leads purchased and is considered the official record of leads delivered.
As a courtesy, Billy Partners also delivers notification of leads generated to a Buyers email and, optionally, text message. Buyer agrees to whitelist the billy-partners.com domain for emails.
However, due to various non-delivery issues that are inherent to email and text messaging that are outside of Billy Partners’ control, Billy Partners cannot guarantee 100% lead delivery notification via email and/or text message.
Therefore, no lead credit or refund will be allowed for any lead return based on the Buyer not receiving notification of a lead generated via email and/or text message.
Cancellation Policy
At any time, Buyer may request to close their account and receive a refund equal to the remaining balance within their account of any monies they themselves deposited. However, if the account is cancelled within 30 days of the account first being activated, the Buyer agrees that a $50.00 administrative fee will be deducted from the refund amount.
Cancellation Process
To submit a cancellation request, please submit your cancellation request by email, send to contact@billy.com
Please note: An account balance refund due to account cancellation may take from 7 to 10 business days to process.
Our Promise
Billy Partners will do all we can to deliver the highest quality leads available anywhere in the marketplace. Billy Partners will do everything we can to help you become as successful as possible, including working with you to resolve any issues or concerns.
Right To Cancel
Billy Partners reserves the right to cancel any account shown to abuse the return policy. In this event, account balance will be issued to client and account will be closed.
Billy Partners
30771 Milford Rd
New Hudson, MI 48165