One Percent Leads (“One Percent Leads,” “OPL,” “we,” “our,” or “us”)
Last Updated: July 2, 2025
Address: 4400 N Scottsdale Rd Ste 9-215, Scottsdale, AZ 85251
Phone: 480-256-9822
Website: https://onepercentleads.com
Acceptance of These Terms
By accessing or using any services, software, or websites provided by One Percent Leads (collectively, the “Services”), the person or entity entering into these Terms (“Client,” “you,” or “your”) agrees to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the Services.
Services Provided
2.1 Lead Generation. We purchase and manage advertising media (including but not limited to Facebook Ads) to capture inbound inquiries (“Leads”) from prospective customers for your business (“End Customers”). Leads are delivered exclusively to you for a limited time as defined in your order form, statement of work, or subscription agreement (each, an “Order”).
2.2 Ancillary Services. At your option and as set forth in an Order, we may build or host landing pages, set up tracking pixels, integrate with your CRM, or provide consulting on funnel optimization.
Client Responsibilities
3.1 Compliance. You must:
use Leads solely to offer the products/services described in the Order;
contact Leads in compliance with all applicable laws (e.g., the Telephone Consumer Protection Act, CAN-SPAM, GDPR, CCPA, state privacy statutes) and any applicable industry guidelines;
maintain an up-to-date privacy policy that discloses your data-usage practices;
promptly notify us of any suspected or actual violation of these Terms.
3.2 Lead Handling. You are solely responsible for (i) contacting Leads in a timely manner, (ii) qualifying or disqualifying Leads, and (iii) any contracts or transactions you enter into with End Customers.
3.3 Lead Consent & Telemarketing Compliance.
For every Lead delivered, One Percent Leads will have obtained the Lead’s express written consent to be contacted by you (or your agents) via telephone call, SMS/MMS text message (including through automatic telephone dialing systems and prerecorded/artificial voice), and e-mail for marketing or service purposes. The consent language will state that:
consent is not a condition of purchase;
message and data rates may apply; and
the Lead may revoke consent at any time (e.g., by replying “STOP”).
You agree to honour any opt-out request immediately and to retain proof of consent as required by the TCPA, CAN-SPAM, and other applicable laws.
Fees, Billing, and Payment
4.1 Pricing Models. Fees may be based on (a) monthly subscription, (b) cost per Lead, (c) cost per appointment, or (d) a hybrid model, each as specified in the Order.
4.2 Payment Terms. All invoices are due net 7 calendar days unless otherwise stated. Past-due balances accrue interest at 1.5 % per month (or the maximum allowed by law, if lower) and may result in suspension of Services.
4.3 Ad Spend. Unless the Order states otherwise, media spend is billed separately from OPL service fees and is payable in advance. You authorize OPL to charge the payment method on file for agreed-upon budgets.
4.4 Taxes. Fees are exclusive of sales, use, or similar taxes; you are responsible for all such taxes except those based on OPL’s net income.
Lead Quality and Credits
5.1 Qualification Criteria. Leads must meet the mutually agreed criteria in the Order. A Lead failing to meet objective criteria (e.g., outside target geography, invalid phone/email) may be disputed in writing within 3 business days of delivery, with reasonable proof.
5.2 Remedies. Our sole obligation for validated disputes is to (a) replace the Lead with another Lead or (b) issue a credit against future invoices, at our discretion. Under no circumstances will cash refunds be provided.
Intellectual Property
All campaigns, creatives, landing pages, software code, and processes we develop remain the intellectual property of OPL unless the Order expressly transfers ownership. You receive a non-exclusive, non-transferable license during the term to use such materials solely for receiving the Services.
Confidentiality
Each party agrees to hold the other party’s non-public information (“Confidential Information”) in strict confidence and to use it only to perform or receive the Services. Confidentiality obligations survive five (5) years after termination, except for trade secrets, which remain confidential indefinitely.
Data Privacy and Security
We process personal data solely to provide the Services, operate under data-processing agreements when required, and implement commercially reasonable security measures. You acknowledge that no Internet transmission is entirely secure.
Representations and Warranties
9.1 Mutual. Each party represents that it has the authority to enter into these Terms.
9.2 Client. You represent that: (i) you hold all licenses, insurance, or other prerequisites required to sell your products/services; (ii) your ads, landing pages, and follow-up communications are truthful and lawful; (iii) you will honor all offers made to End Customers.
9.3 Disclaimer. EXCEPT AS EXPRESSLY SET OUT HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEE OF SPECIFIC RESULTS (E.G., SALES VOLUME, ROI, OR PROFITS).
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPL’S TOTAL LIABILITY FOR ALL CLAIMS UNDER THESE TERMS WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO OPL IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
Indemnification
You will indemnify, defend, and hold harmless OPL, its officers, directors, employees, and agents against all claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms or applicable law; (b) your misuse of Leads; or (c) claims by End Customers relating to your products/services.
Term and Termination
12.1 Term. These Terms remain in effect until all active Orders expire or are terminated.
12.2 Termination for Convenience. Either party may terminate an Order on thirty (30) days’ written notice, unless the Order states a longer commitment period.
12.3 Termination for Cause. Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within ten (10) days of written notice.
12.4 Effect. Upon termination, all unpaid fees become immediately due. Sections 3, 6, 7, 8, 9, 10, 11, and 13-17 survive termination.
Governing Law
These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles.
Dispute Resolution; Arbitration
Any dispute arising out of or relating to the Services that cannot be resolved informally shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration will be Phoenix, Arizona. Judgment on the award may be entered in any court of competent jurisdiction.
Force Majeure
Neither party is liable for failure to perform due to causes beyond its reasonable control (e.g., natural disasters, acts of war, strikes, power outages, platform outages).
Changes to These Terms
We may modify these Terms by posting a revised version on our website and updating the “Last Updated” date. Material changes become effective thirty (30) days after posting. Continued use of the Services constitutes acceptance of the revised Terms.
Contact
For questions about these Terms or the Services, please contact:
One Percent Leads
4400 N Scottsdale Rd Ste 9-215, Scottsdale, AZ 85251
Phone: 480-256-9822
Email: [email protected]