LEGAL
Terms of Service
Last updated: [insert date]
1. Acceptance of Terms
By engaging DriveIQ Leads ("DriveIQ", "we", "us") for lead generation and/or marketing services, the dealership or business engaging us ("Client", "you") agrees to be bound by these Terms of Service. If you do not agree to these terms, please do not engage our services.
2. Services
DriveIQ provides automotive lead generation services and, where engaged, supporting marketing services including but not limited to copywriting, paid search management, graphic design, website development, social media management, and reporting. The specific services, deliverables, and pricing applicable to your account are set out in your signed proposal, order form, or onboarding agreement, which forms part of these Terms.
3. Fees & Payment
Fees are billed in South African Rand (ZAR) according to the plan or scope agreed at onboarding. Invoices are issued monthly in advance for retainer-based services, or per the milestone schedule agreed for project-based work (such as website development). Payment is due within [7 / 14 / 30] days of invoice date unless otherwise agreed in writing. Late payment may result in suspension of services.
4. Contract Term & Cancellation
Lead Generation plans require an initial minimum term of 3 months from activation, after which the agreement continues on a month-to-month basis. Either party may cancel a month-to-month Lead Generation plan with [30] days' written notice. Marketing Services retainers (e.g. Social Media Management, Reporting) are month-to-month unless otherwise specified and may be cancelled with [30] days' written notice. Project-based Marketing Services (e.g. Website Development, one-off design or copywriting work) are governed by the scope and payment terms agreed for that specific project and are not subject to the notice period above.
5. Lead Generation Guarantees
Every lead delivered under a Lead Generation plan is checked for valid contact details prior to delivery. If a delivered lead is later found to have invalid contact information (e.g. disconnected number, non-existent email), DriveIQ will replace it at no additional cost, subject to the Client reporting the issue within [7] days of delivery. If DriveIQ falls short of the agreed monthly lead volume for a plan, the shortfall will roll into the following month's delivery at no extra charge. These guarantees apply to lead validity and volume only, and do not constitute a guarantee of sales, finance approval, or floor conversion, which depend on factors outside DriveIQ's control.
6. Client Obligations
To deliver services effectively, the Client agrees to provide timely access to required accounts, assets, and information (such as ad account access, CRM/webhook details, brand assets, and vehicle stock information), respond to lead and campaign-related communication in a reasonably timely manner, and ensure that any information provided to DriveIQ for use in campaigns or creative is accurate and that the Client has the right to use it.
7. Intellectual Property
Campaign creative, copywriting, and design assets produced specifically for the Client under a paid engagement become the property of the Client upon full payment for the relevant work, except for DriveIQ's underlying templates, processes, scoring methodology, and proprietary tools, which remain the property of DriveIQ. DriveIQ may showcase completed work (e.g. in a portfolio or case study) unless the Client requests otherwise in writing.
8. Confidentiality
Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with the services, and to use such information solely for the purpose of fulfilling obligations under these Terms.
9. Data Protection (POPIA)
DriveIQ processes personal information (including lead contact details) in accordance with the Protection of Personal Information Act, 2013 ("POPIA"). Full detail on how personal information is collected, used, and protected is set out in our Privacy Policy. Where DriveIQ processes personal information on the Client's behalf as an operator under POPIA, the terms of our Data Processing Addendum apply.
10. Limitation of Liability
To the maximum extent permitted by law, DriveIQ's total liability arising out of or in connection with the services shall not exceed the total fees paid by the Client to DriveIQ in the [3 / 6] months preceding the claim. DriveIQ is not liable for indirect, incidental, or consequential damages, including loss of profits or business opportunity, except where such exclusion is not permitted by law.
11. Termination
Either party may terminate an agreement immediately if the other party materially breaches these Terms and fails to remedy the breach within [14] days of written notice. Upon termination, the Client remains liable for fees accrued up to the termination date.
12. Governing Law
These Terms are governed by the laws of the Republic of South Africa, and any disputes arising from them shall be subject to the jurisdiction of the South African courts.
13. Changes to These Terms
DriveIQ may update these Terms from time to time. Material changes will be communicated to active clients by email or via the dealer portal. Continued use of services after such changes constitutes acceptance of the updated Terms.
14. Contact
For questions about these Terms, contact us at [insert contact email] or via the details on our Contact page.