§ 1 Scope and Subject Matter of the Agreement
(1) Scope
These Terms and Conditions (T&Cs) apply to all agreements between Westmont Lead GmbH, Krefeld (hereinafter referred to as “WESTMONT”) and its cooperation partners (hereinafter referred to as the “Client”).
(2) Subject Matter of the Agreement
- Planning, execution, and optimization of digital marketing campaigns
- Structured pre-qualification of incoming inquiries
- Exclusive distribution of qualified leads
(3) Limitation of Services
WESTMONT does not provide investment or financial advice and does not guarantee any specific economic success.
§ 2 Lead Definition and Exclusivity
(1) Qualified Lead
- Legal age
- Self-initiated contact inquiry
- Interest in real estate or investment opportunities
- Reachable contact information
(2) Exclusivity
The leads are transferred exclusively and only once to the Client.
(3) Response Obligation
In the event of repeated failure to respond within 48 hours, WESTMONT is entitled to make adjustments or suspend services.
§ 3 Lead Usage, Sales Process Compliance and Non-Circumvention
The processing of leads may only take place through the systems specified by WESTMONT.
- No processing outside of WESTMONT
- No involvement of third parties
- Regardless of delays or interruption of contact
§ 4 Contractual Penalty and Damages
Contractual Penalty: €25,000 per violation.
- Failure to submit a lead
- Closing transactions outside of WESTMONT structures
- Involvement of third parties
§ 5 Use of Leads by WESTMONT
- Own marketing and sales purposes
- Contact via email, telephone, or newsletter
- Independent commercial right of use
§ 6 Fees and Payment Terms
- Client advertising budget
- 30% service fee
- Payment in advance
- Prices plus applicable statutory VAT
§ 7 Client Obligations
- Professional lead management
- Compliance with legal requirements
- Truthful status reporting
§ 8 Intellectual Property and Co-Branding
All rights remain with WESTMONT. Co-branding is agreed.
§ 9 Contract Term and Termination
Open-ended term with one month’s notice effective at the end of each calendar month.
§ 10 Liability
No guarantee is provided regarding lead volume or economic success.
§ 11 Data Protection
Both parties undertake to comply with the GDPR.
§ 12 Confidentiality
All information must be treated as strictly confidential.
§ 13 Non-Solicitation
Solicitation of employees or service providers is prohibited.
§ 14 Final Provisions
The place of jurisdiction is Krefeld. The severability clause shall apply.
