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Company
MontaLead
Lauwsestraat 252, 8511 Aalbeke, Belgium
Enterprise number: 0791.467.936
Email: info@montalead.com
Website: www.montalead.com
(“MontaLead,” “we,” “our,” “us”)

Client means any natural or legal person using the MontaLead website and/or procuring Services from MontaLead (“Client,” “you”).

Effective Date. These Terms apply from the earlier of (a) your first access to our website or (b) the start of any Service (including signature, email confirmation, or payment of any invoice).

1) Definitions

• Agreement: These Terms & Conditions together with any Order Form, Proposal, Statement of Work (SOW), or written addendum signed by both parties.

• Services: B2B lead generation and outreach activities, including ICP analysis, research, domain and email setup/warm-up, copywriting, personalization, campaign execution (email/LinkedIn/other), qualification, and booking of meetings.

• Qualified Meeting: A scheduled call or meeting with a decision-maker fitting the agreed ICP and qualification criteria as defined in the applicable Order/SOW.

• Deliverables: Any outputs provided under the Services (e.g., lists, templates, reports).

• Prospect Data: Personal data relating to prospects/leads used for outreach.

• Confidential Information: Non-public information shared by either party.

• Order Form / SOW: Document specifying scope, targets (e.g., meeting minimums), timelines, and commercial terms.

2) Scope & Website Use

2.1 Scope. These Terms govern (i) your use of the MontaLead website and (ii) the provision of Services to you.

2.2 Website Use & Eligibility. The website is for business use by persons 18+ acting for professional purposes. By using the site, you confirm you have authority to bind your organization.

2.3 Accounts (if any). If we provide access to dashboards or portals, you must (a) keep credentials confidential, (b) ensure authorized use only, and (c) notify us of any suspected breach.

3) Services & Performance Model

3.1 Nature of Services. MontaLead provides performance-based lead generation designed to book Qualified Meetings with decision-makers matching an agreed ICP.

3.2 Transparency. Client receives visibility into campaign activity (e.g., templates, sending domains/inboxes, performance analytics). Updates may be provided via email and/or WhatsApp.

3.3 No Sales/Revenue Guarantee. MontaLead guarantees the number of meetings only if expressly defined in the Order/SOW. We do not guarantee revenue, sales, or close rates.

3.4 Legitimate Meetings. All meetings we count toward any target are legitimate and non-fraudulent (no fake or spam appointments). If a meeting does not meet agreed qualification criteria, it will not be counted.

3.5 Third-Party Tools. We may use third-party platforms (email, warming, CRM, enrichment, scheduling). Availability, pricing or policies of third parties may change; we are not liable for such changes.

3.6 Compliance. We conduct outreach with commercially reasonable efforts to comply with applicable laws (e.g., GDPR, ePrivacy, CAN-SPAM). Client is responsible for the lawfulness of any content, lists, or data it provides to us.

4) Term, Renewal & Termination

4.1 Minimum Term. The minimum agreement term is one (1) month, unless otherwise agreed in the Order/SOW.

4.2 Client Termination. Client may terminate at any time by written notice (email sufficient unless the Order requires otherwise).

4.3 MontaLead Wind-Down Period. Upon termination, MontaLead maintains a 14-day wind-down period to (i) conclude ongoing sends, (ii) forward any incoming replies/leads, and (iii) properly deactivate systems. All leads/replies/meetings received during this period will be delivered to Client.

4.4 Suspension. We may suspend Services (with notice) for non-payment or material breach.

4.5 Effect of Termination. Accrued fees remain due. Clauses intended to survive (e.g., confidentiality, IP, liability, indemnity, governing law) will continue in force.

5) Client Obligations

5.1 Information & Approvals. Client will provide timely access to necessary information, approvals, email/calendar access (where relevant), ICP definitions, and any content sign-off to perform the Services.

5.2 Lawful Content & Data. Client warrants that all content, brand assets, and data supplied (including Prospect Data, domains, and sending addresses) are lawful, accurate, and authorized for the agreed use.

5.3 Cooperation. Client will respond promptly to clarification requests and qualification checks. Delays may shift timelines and do not reduce fees.

6) Fees, Invoicing & Payment

6.1 Commercial Terms. Fees, payment schedules, currencies, billing cycles, and any performance-based mechanics are set out in the Order/SOW. (No fixed prices are set in these Terms.)

6.2 Payment Methods. Unless otherwise specified in the Order/SOW, payments are made by bank transfer or another mutually agreed method. Client bears any bank charges.

6.3 Payment Terms & Late Payment. Invoices are due within the term stated on the invoice/Order. Late or unpaid balances may result in (i) suspension, (ii) default interest at the maximum rate permitted by applicable law, and (iii) recovery of reasonable collection costs.

6.4 Taxes. Fees are exclusive of VAT/sales tax/withholding unless stated otherwise. Client is responsible for all applicable taxes.

7) Qualification, Counting & Rescheduling

7.1 Qualification Criteria. Qualified Meeting criteria will be agreed in writing (Order/SOW). Meetings outside the agreed ICP or criteria will not be counted.

7.2 No-Shows & Reschedules. If a prospect no-shows but reschedules within a commercially reasonable period (e.g., 14–30 days), the rescheduled meeting counts as one (1) meeting.

7.3 Cancellations Outside Client Control. If a meeting is canceled and not rescheduled, it does not count.

8) Deliverability, Volumes & Timelines

8.1 Email Deliverability. We use best practices (warming, domain setup, list hygiene), but deliverability can vary due to external factors (filters, blacklists, recipient servers). Deliverability is not guaranteed.

8.2 Timelines. Typical initial results appear 1–2 weeks after a ~3-week setup. Timelines are estimates; performance depends on niche, ICP, offer, seasonality, and Client’s responsiveness.

8.3 Volume Adjustments. We may adjust send volumes, cadences, or messaging to protect deliverability and improve results.

9) Intellectual Property

9.1 Pre-Existing IP. Each party retains ownership of its pre-existing intellectual property, including trademarks, logos, and proprietary methodologies.

9.2 Campaign Materials. Unless otherwise agreed in writing, email templates, playbooks, copy, and internal methodologies created by MontaLead remain MontaLead’s IP. Client receives a non-exclusive license to use them for internal purposes during the Agreement.

9.3 Client Materials. Client grants MontaLead a limited, non-exclusive license to use Client’s brand assets and approved content solely to deliver the Services.

9.4 Feedback. Feedback or suggestions provided by Client may be used by MontaLead without obligation, provided no Client Confidential Information is disclosed.

10) Confidentiality

10.1 Obligation. Both parties shall keep Confidential Information strictly confidential and use it only for the Agreement’s purposes.

10.2 Exclusions. Information is not confidential if it is (a) public without breach, (b) independently developed, (c) received lawfully from a third party, or (d) required by law (with prompt notice where lawful).

10.3 Return/Destruction. On request or termination, each party will return or securely destroy the other party’s Confidential Information, unless retention is required by law.

11) Data Protection & GDPR

11.1 Roles. For Prospect Data processed on Client’s behalf, Client is the Data Controller and MontaLead is the Data Processor under GDPR.

11.2 Processor Obligations. MontaLead will:
(a) process personal data only on documented instructions from Client;
(b) implement appropriate technical/organizational security measures;
(c) ensure confidentiality of personnel;
(d) assist Client with data subject rights where reasonable;
(e) notify Client without undue delay of any data breach affecting Client data;
(f) only engage sub-processors under written terms that provide equivalent protection;
(g) upon termination, delete or return personal data (unless retention required by law).

11.3 Lawful Basis & Instructions. Client warrants it has a lawful basis for processing and supplying any Prospect Data and will provide clear instructions consistent with applicable law (GDPR, ePrivacy, CAN-SPAM, etc.).

11.4 International Transfers. Where applicable, international transfers will be protected by appropriate safeguards (e.g., SCCs) or a valid transfer mechanism.

12) Compliance & Acceptable Use

12.1 Anti-Spam & Marketing Laws. Outreach will be conducted using commercially reasonable compliance efforts. Client may not require activities that breach applicable law.

12.2 Prohibited Content. Client shall not require MontaLead to send unlawful, deceptive, defamatory, discriminatory, or infringing content.

12.3 Anti-Bribery & Sanctions. Each party will comply with anti-bribery, anti-corruption, and sanctions laws.

13) Indemnity (Hold Harmless)

13.1 By Client. Client shall indemnify, defend, and hold MontaLead harmless from any claims, liabilities, damages, costs (including reasonable legal fees) arising from: (a) content, data, or instructions supplied by Client; (b) Client’s breach of law or this Agreement; (c) Client’s misuse of Deliverables.

13.2 By MontaLead. MontaLead shall indemnify Client against third-party claims alleging that the Services (as provided by MontaLead, excluding Client content/instructions) infringe EU intellectual property rights, provided Client promptly notifies us and allows us control of the defense.

14) Warranties & Disclaimers

14.1 Mutual Warranty. Each party warrants it has authority to enter this Agreement.

14.2 Service Warranty. MontaLead will perform Services with reasonable skill and care in line with industry practice.

14.3 Disclaimer. Except as expressly stated, Services are provided “as is” and “as available.” We do not warrant specific deliverability rates, recipient behavior, or commercial outcomes beyond any agreed meeting targets.

15) Limitation of Liability

15.1 Exclusion. Neither party shall be liable for indirect, incidental, special, punitive, or consequential damages, or for loss of profit, revenue, business, goodwill, or data.

15.2 Cap. To the maximum extent permitted by law, MontaLead’s aggregate liability under this Agreement shall not exceed the fees paid by Client to MontaLead in the calendar month immediately preceding the event giving rise to the claim.

15.3 Exceptions. The above limitations shall not apply to (i) fraud, (ii) willful misconduct, or (iii) liability that cannot be excluded under mandatory law.

16) Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., internet or hosting outages, third-party platform failures, strikes, governmental actions, war, epidemics, natural disasters). The affected party shall notify the other and use reasonable efforts to mitigate.

17) Changes to Services & Terms

17.1 Service Adjustments. We may modify features, volumes, or processes to improve results or comply with law, giving reasonable notice where material.

17.2 Terms Updates. MontaLead may update these Terms from time to time. The latest version will apply upon publication on our website. For ongoing SOWs, material adverse changes will be communicated in advance.

18) Publicity

With Client’s prior written consent (email sufficient), MontaLead may reference Client’s name and logo in customer lists and case studies. Client may revoke consent at any time.

19) Subcontracting & Assignment

We may engage vetted subcontractors/sub-processors. Neither party may assign the Agreement without prior written consent, except to an affiliate or in connection with a merger/sale (with notice).

20) Notices

Formal notices under this Agreement must be sent by email to the addresses stated in the Order/SOW (or updated by notice). Notices are deemed received upon successful transmission.

21) Miscellaneous

21.1 Order of Precedence. In the event of conflict: (1) a signed addendum, (2) the SOW/Order Form, then (3) these Terms.

21.2 Severability. If any provision is unenforceable, the remainder remains in effect; the parties will replace it with an enforceable provision reflecting the original intent.

21.3 No Waiver. Failure to enforce any right is not a waiver.

21.4 Entire Agreement. This Agreement constitutes the entire agreement and supersedes all prior discussions.

21.5 No Partnership. The parties are independent contractors.

21.6 Survival. Clauses on fees due, confidentiality, IP, data protection, indemnity, limitation of liability, governing law, and dispute resolution survive termination.

22) Governing Law & Dispute Resolution

22.1 Governing Law. This Agreement is governed by and construed in accordance with Belgian law.

22.2 Jurisdiction. The parties submit to the exclusive jurisdiction of the courts of Kortrijk, Belgium. Each party waives any objection to venue or forum non conveniens.

Acceptance

By using our website or engaging our Services (including signing an Order/SOW, emailing acceptance, or paying an invoice), you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

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