Terms and Conditions
Last Updated: August 3, 2025
Table of Contents
- 1. Introduction
- 2. Description of Services
- 3. Payment Policies
- 4. Account Termination and Dispute Resolution
- 5. Client Responsibilities & Acceptable Use Policy
- 6. Intellectual Property & Third-Party Operations
- 7. Data Privacy & Client Information Protection
- 8. Anti-Money Laundering and Sanctions Compliance
- 9. Client Due Diligence
- 10. Change of Control
- 11. Publicity and Marketing Restrictions
- 12. Insurance Requirements
- 13. Final Legal Provisions
Welcome to Prospera Leads, a global lead generation agency operated as an unregistered freelance partnership by Founder Abdus Sohag and Co-Founder Rupam Barman. These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you”, “your”, the “Client”, or the “User”) and Prospera Leads (“we”, “us”, or “our”), primarily serving high-ticket B2B coaches and consultants. By accessing or using our website (https://prosperaleads.com), services, or engaging in any communication or transaction with us, you acknowledge that you have read, understood, and agree to be legally bound by these Terms in their entirety.
Transparency of Business Status: Prospera Leads operates as an unregistered freelance partnership under the individual names of Abdus Sohag and Rupam Barman, with all payments processed securely via Payoneer Global Payment Service. By engaging with our services, you acknowledge and accept this operational structure, which does not impact the quality, legality, or fulfillment of our contractual obligations. All operations are conducted transparently, ethically, and in compliance with applicable laws.
If you do not agree to these Terms, you must not access or use any part of our website, services, tools, or communication channels. Continued use constitutes acceptance of all clauses herein, regardless of whether you have signed a physical agreement.
These Terms govern all aspects of your relationship with Prospera Leads, including but not limited to the use of our digital platform, communication methods, payment requirements, intellectual property, privacy obligations, limitations of liability, dispute resolution methods, and termination clauses. These Terms also apply to any services rendered by third-party contractors, freelancers, or digital tools deployed on behalf of Prospera Leads.
Scope of Agreement
This Agreement governs all interactions between you and Prospera Leads, regardless of the medium through which such interactions occur. These interactions include:
- Visiting our website or engaging with any of our online content
- Submitting a contact form, booking a consultation, or signing up for services
- Entering into formal or informal agreements for paid services
- Receiving communications or deliverables such as leads, reports, campaigns, or strategies
- Participating in onboarding, sales calls, customer support interactions, or other business processes
You agree that by initiating any of the above interactions, you become a party to this agreement and are bound by its terms in full.
Client Agreement Method
Before purchasing any service, clients must check a box confirming they have read and agreed to these Terms and Conditions. The policy version is identified by a SHA-256 hash value, stored as proof of agreement at the point of purchase, ensuring verifiable legal consent.
Definitions and Terminology
“Prospera Leads”, “we”, “us”, or “our” refers to the freelance partnership providing global lead generation services, operated by Abdus Sohag and Rupam Barman, including their employees, affiliates, contractors, and representatives.
“You”, “Client”, or “User” refers to the individual or legal entity accessing our website, requesting services, or entering into any commercial engagement with us.
“Services” refers to all offerings provided by Prospera Leads, including lead generation, campaign setup, sales prospecting, data research, CRM support, and all related offerings as outlined on our website or in client communications.
“Engagement” refers to any commercial relationship, transaction, contract, or implied arrangement between Prospera Leads and the Client.
Purpose of These Terms
The purpose of these Terms is to define the rights, responsibilities, obligations, and limitations of both parties in a clear, enforceable format. They are designed to:
- Protect the integrity of our services and business operations
- Set accurate expectations for the delivery of services and results
- Ensure mutual understanding and fairness in business engagements
- Provide a legal framework for dispute resolution, data protection, and service modification
By agreeing to these Terms, you acknowledge that you understand our business model, your responsibilities as a client, and the scope and limits of the services we offer. These Terms are not merely a formality; they are the operational and legal foundation of every engagement we undertake.
Legally Binding Nature
This document constitutes a legally binding contract under the Indian Contract Act, 1872, and applicable international business and digital commerce laws. Even if not physically signed, your access to or use of our services signifies your consent to the full application of these Terms. You further agree that:
- Electronic acceptance, use of services, or digital communication constitutes full agreement
- You will not contest the validity or enforceability of these Terms on the grounds of format, medium, or jurisdiction
- You have had the opportunity to consult legal counsel prior to acceptance, or you waive such right by continuing
Amendments and Revisions
Prospera Leads reserves the right to revise, update, or modify these Terms at any time without direct notice to the Client. While we may attempt to notify users via email or public announcements on our website (https://prosperaleads.com), the obligation to review the Terms periodically rests solely with the Client. The most current version, identified by a SHA-256 hash value, will always be available on our website.
By continuing to use our services after any modifications have been posted, you agree to be bound by the updated version of the Terms. If you do not agree to any updated terms, your sole recourse is to terminate your engagement with Prospera Leads and discontinue use of all services.
Your Acknowledgment
You acknowledge that you are at least 18 years old or the legal age of majority in your jurisdiction, have the authority to enter into a legally binding agreement, and are not prohibited from doing so under any applicable law.
By reading this document and continuing to use our services or website, you affirm that you fully understand and accept the scope of these Terms and agree to conduct all interactions with Prospera Leads under the framework they establish.
Contact Information
Prospera Leads
A fully remote, digital-first agency with no physical address
Email: [email protected]
Website: https://prosperaleads.com
Prospera Leads (“we”, “us”, “our”) is a global business-to-business (B2B) lead generation agency providing specialized demand-generation services to high-ticket coaches, consultants, and service providers (“you”, “your”, “Client”, or “User”). By engaging with our services, you acknowledge and accept the scope, delivery structure, customization processes, and inherent limitations outlined below.
2.1 Core Services Offered
Prospera Leads provides a range of professional services designed to help clients identify and engage with potential business opportunities. These include but are not limited to:
- a. B2B Lead Generation
We build prospect lists, initiate direct outreach, and generate inbound and outbound interest in alignment with the client’s target audience and positioning. All leads are filtered for business relevance and alignment with the client’s service category. - b. Sales Funnel Development
We may assist in designing or optimizing digital funnels, including landing pages, lead magnets, email sequences, and automation strategies intended to increase lead capture and conversion. - c. Lead Qualification & Filtering
Our team qualifies leads through custom criteria such as company size, decision-maker roles, geographic relevance, revenue brackets, or other indicators determined in consultation with the client. Qualification ensures that only high-intent and high-fit prospects are forwarded. - d. Outreach Campaign Execution
We develop and manage multi-channel outreach campaigns using platforms such as email, LinkedIn, cold calling, and other channels. Outreach includes scripting, A/B testing, sequencing, and optimization based on performance data. - e. CRM Setup and Management
At the client’s request, we offer Customer Relationship Management (CRM) system setup or integration support to streamline lead tracking, reporting, and follow-up processes. - f. Meeting Booking (Optional)
For eligible clients, we may include a direct meeting booking service, where our team not only delivers leads but also schedules meetings with qualified prospects on behalf of the client.
2.2 Customization & Quality Control
Every campaign or service engagement is tailored based on the client’s niche, goals, and audience. The following quality measures are implemented:
- Initial Strategy Call: Each engagement begins with a strategy and intake session to define goals, industry focus, buyer personas, tone of communication, and compliance preferences.
- Target Market Filtering: We conduct filtering of target companies and decision-makers to ensure relevance and reduce non-qualified traffic.
- Quality Review: Our team internally reviews all outbound material (copy, offers, messaging) before deployment.
- Client Feedback Loop: We provide review cycles to allow the client to approve or revise outreach strategies prior to launch.
We reserve the right to make internal decisions on optimal outreach formats and operational improvements to increase service efficiency.
2.3 Deliverables
At various phases of the engagement, clients may receive the following tangible or digital deliverables:
- A list of qualified leads, including names, roles, company information, and contact methods.
- Reports of campaign performance, including opens, replies, and conversion metrics.
- Booked discovery or sales meetings with pre-qualified leads (if included).
- CRM access or setup reports where applicable.
- Monthly or project-end analytics summary for ongoing services.
Deliverables vary based on the scope of the package or agreement signed between the client and Prospera Leads.
2.4 Limitations of Service
While Prospera Leads deploys best practices and performance-optimized strategies, certain results are inherently dependent on factors outside our control. Therefore:
- No Guarantee of Sales: We do not guarantee client sales, revenue, or closing rates, as these depend on client-side factors such as offer quality, sales skills, pricing, and fulfillment capacity.
- Market Variables: Economic conditions, industry-specific response rates, platform algorithm changes, and competition may impact outcomes.
- Client Responsibility: Clients are responsible for nurturing and closing leads provided. Failure to follow up in a timely or professional manner may reduce lead value.
- Lead Subjectivity: “Qualified” may vary by industry or personal standards. We commit to clear qualification criteria but do not accept liability for leads failing to convert into paying customers.
- Third-Party Tools: If third-party platforms or tools are used (e.g., LinkedIn, Mailshake, Apollo, Instantly, CRMs), we are not responsible for outages, data loss, bans, suspensions, or costs associated with them.
We are not responsible for performance outside the scope of agreed deliverables.
2.5 Service Timelines
Typical service timelines vary depending on the engagement model:
- Strategy & Setup Phase: 5–10 business days following full onboarding.
- Campaign Launch: Initiation occurs only after client approval of target criteria and copy assets.
- Lead Delivery: Initial leads may begin arriving within 10–15 business days of campaign launch, depending on complexity.
- Ongoing Services: Monthly delivery is outlined in individual agreements, valid for one month without auto-renewal. Any delay in feedback or material submission by the client may cause service delays.
All timelines are estimates and subject to revision based on complexity, scope, or unforeseen technical issues.
2.6 Service Evolution
Prospera Leads continuously evolves its services, technologies, and internal methodologies to improve performance and alignment with market trends. Accordingly:
- We may modify, update, or discontinue specific tools, platforms, or deliverables as part of ongoing service improvement.
- Clients will be notified of major service model changes that materially impact their engagement.
- These changes will not invalidate prior obligations but may affect future deliverables or workflows.
It is the client’s responsibility to stay informed of updated practices by reviewing communication from our team and reviewing this document when updated.
2.7 Client Acknowledgment of Risks
By engaging Prospera Leads, clients acknowledge in writing during onboarding that lead generation services carry inherent risks, including no guaranteed sales, market variability, and dependence on client follow-up, as outlined in Section 2.4.
This section outlines the official payment policy for Prospera Leads, a global B2B lead generation agency. These terms apply to all clients engaging in paid services, and form a legally binding agreement between Prospera Leads (“the Agency”) and the Client. By initiating any paid engagement with the Agency, the Client acknowledges and agrees to all terms set forth in this document, including strict limitations on refunds, payment methods, processing fees, and service suspension due to non-payment.
3.1 Payment Structure
Prospera Leads operates on an upfront payment model. All service engagements—whether one-time projects or monthly plans—are valid for one month only and must be paid in full before any work begins. No services will be rendered until payment is received and cleared via Payoneer. Clients may not request or implement mid-cycle upgrades, downgrades, or adjustments to the scope of services once payment is made and work has commenced. Plans do not auto-renew; clients must manually repurchase after expiry.
3.2 Accepted Payment Methods
All payments must be submitted via Payoneer Global Payment Service, either through local bank transfer from a verified business bank account in the client’s country or by direct Payoneer-to-Payoneer email transfer to [email protected] (if supported by the client’s account). Payments must be made in US Dollars (USD). Clients are responsible for ensuring that payment information is accurate, authorized, and capable of processing the total amount invoiced. The Agency reserves the right to decline service if payment fails, is reversed, or is flagged for fraud.
3.3 Invoice Issuance and Timeline
An official invoice will be issued electronically only after full payment is received, upon client request, within the same billing cycle (one month). The invoice will reflect the full amount paid, inclusive of all service fees and any applicable transaction surcharges, and will serve as proof of purchase. For one-time or monthly services, payment is due upfront, with no grace period. This invoicing practice is compliant with globally accepted standards for unregistered freelancers and small agencies.
3.4 Refund Policy
Prospera Leads maintains a strict no-refund policy once a service engagement has begun or deliverables have been provided. Refunds will not be issued under the following circumstances:
- The Client changes their mind or chooses to discontinue the service mid-cycle.
- The Client fails to provide timely input or assets needed for the campaign.
- The Client is dissatisfied with subjective outcomes such as lead volume, perceived quality, or sales results (unless bound by a separate performance clause).
- External market factors or Client-side sales limitations impact results.
In rare cases, refunds may be considered at Prospera Leads’ sole discretion if no services have been initiated and a valid reason is provided in writing to [email protected] within 7 days of payment. Approved refunds will be processed within 30 business days, net of any administrative or Payoneer fees. Clients are encouraged to read service descriptions carefully before purchasing.
3.5 Late Payments and Consequences
In the event that payment is not received upfront as required, the Agency reserves the right to take one or more of the following actions at its sole discretion:
- Issue written payment reminders and warnings via email.
- Suspend access to the campaign dashboard, CRM tools, lead data, or any deliverables.
- Pause campaign execution or outreach efforts without compensation for downtime.
- Permanently terminate the service and forfeit all previously paid funds if payment remains outstanding beyond 7 business days.
- Refer the account to a third-party collections agency for debt recovery.
- Initiate legal proceedings to recover unpaid fees, in accordance with the laws of West Bengal, India.
All additional costs incurred due to recovery efforts—including administrative time, legal fees, and agency collection costs—will be passed on to the Client.
3.6 Denial of Future Services
Prospera Leads reserves the right to deny future service to any Client with an unresolved outstanding balance, history of late or failed payments, or a breach of this payment policy. This includes both direct service engagements and collaborative ventures involving the Client’s affiliates or partner companies. Terminated accounts will not be reactivated without full settlement of prior dues, including any applicable fees.
3.7 Transaction and Processing Fees
All invoice amounts issued by Prospera Leads are net of fees, meaning the Client must ensure that the Agency receives the full billed amount in USD after all Payoneer or bank transaction fees. Clients are solely responsible for any transaction or currency conversion fees. If fees are deducted during payment, the Client must reconcile the shortfall within 3 business days to initiate services.
3.8 Tax Compliance
All fees are exclusive of applicable taxes, such as Goods and Services Tax (GST) or Value Added Tax (VAT), which are the Client’s responsibility based on their jurisdiction. Prospera Leads will issue tax-compliant invoices upon request, post-payment, in accordance with freelance invoicing practices. Clients must provide necessary tax information (e.g., GSTIN for India-based clients) to facilitate compliance.
3.9 Financial Responsibility and Binding Agreement
By submitting payment to Prospera Leads, the Client affirms that they have read, understood, and agreed to this Payment Policy in full. The Client also acknowledges full financial responsibility for the services contracted, regardless of outcomes, personal circumstances, internal delays, or external business conditions. This policy is subject to updates, with the current version accessible at https://prosperaleads.com.
Effective as of August 3, 2025
At Prospera Leads, maintaining the integrity, professionalism, and effectiveness of our services is paramount. This section outlines the rights and responsibilities of both the client (“you”, “your”) and Prospera Leads (“we”, “us”, “our”) regarding the termination of services and the resolution of disputes. These terms are legally binding and apply to all clients engaging with our services across jurisdictions.
4.1 Grounds for Termination by Prospera Leads
We reserve the right to suspend or permanently terminate any client’s access to our services without prior notice under the following conditions, with termination notices sent via email to the client’s registered address:
- a) Non-Payment:
Failure to submit upfront payment as per the agreed payment structure constitutes a material breach of the Terms. If payment is not received within seven (7) calendar days from the due date, services may be suspended. Continued non-payment may result in full termination. - b) Abusive Behavior or Harassment:
Prospera Leads maintains a zero-tolerance policy for abuse directed at its team, systems, or other clients. This includes, but is not limited to, threatening language, intimidation, personal attacks, or repeated aggressive communications via email, phone, or other channels. - c) Fraud or Misrepresentation:
Engaging in fraudulent activity, misrepresenting your identity, or using our services under false pretenses (e.g., providing false business data or payment information) will result in immediate termination without refund. - d) Violation of Terms of Use:
Any breach of the terms outlined in this document—including misuse of deliverables, unauthorized reselling of data, or sharing proprietary methods—will be deemed grounds for immediate termination. - e) Misuse of Services:
Using our services for unintended purposes, such as spamming, distributing harmful content, violating laws in your jurisdiction, manipulating communications to harm or mislead prospects, or causing platform bans (e.g., LinkedIn suspensions), is strictly prohibited and may result in termination.
4.2 Definition of Abuse
For clarity, “abuse” includes but is not limited to:
- Sending aggressive, harassing, or offensive communications to our team or third parties under our system.
- Instructing our agency to engage in spam outreach, mislead recipients, impersonate others, or conduct phishing or fraudulent activities.
- Uploading, transmitting, or requesting materials that are unlawful, defamatory, or harmful to brand reputation.
- Attempting unauthorized access to Prospera Leads’ proprietary systems, campaigns, or software.
- Causing platform bans or suspensions due to non-compliance with third-party terms (e.g., LinkedIn messaging limits).
4.3 Effects of Termination
Upon termination of the account, the following actions will occur:
- Access to Client Portal and Services Will Be Revoked: You will no longer have access to dashboards, data portals, or communications managed by Prospera Leads.
- All Associated Data Will Be Deleted: Your client data, lead records, reports, and communications stored on our systems will be permanently deleted after 30 calendar days unless otherwise required by law.
- Ongoing Campaigns Will Be Halted: Any ongoing campaigns will be canceled without refund. Any pending deliverables, including lead delivery or reports, will not be fulfilled.
- Outstanding Balances Must Be Cleared: Clients remain responsible for all outstanding payments due at the time of termination. These balances will not be waived and may be pursued through collection processes under the laws of West Bengal, India.
4.4 Client-Initiated Termination
If a client chooses to terminate their agreement with Prospera Leads, the following conditions apply:
- Termination requests must be made in writing via email to [email protected], with a clear statement of intent and reason.
- The client remains responsible for any fees due under the current one-month billing cycle. Mid-cycle cancellations or downgrades are not permitted, and no partial refunds will be issued for unused service portions.
- Cancellation becomes effective after written confirmation has been received from our team and any open invoices are settled.
- The client forfeits any remaining deliverables not yet fulfilled under the original agreement.
4.5 Dispute Resolution Policy
Prospera Leads handles all disputes under international arbitration standards to ensure fairness, neutrality, and efficiency.
- a) Binding Arbitration Clause:
All disputes arising out of or related to these Terms and Conditions, including those relating to service performance, deliverables, or payment obligations, shall be resolved exclusively through final and binding arbitration under the rules of the Singapore International Arbitration Centre (SIAC). - b) Arbitration Venue and Language:
The arbitration shall be conducted virtually, in English, with the seat in Singapore. Each party shall bear its own costs, unless the arbitrator determines otherwise. Arbitral awards are final and enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958). - c) No Class Actions or Court Litigation:
Clients agree to resolve disputes individually and waive the right to participate in class action lawsuits, group arbitrations, or court trials, except for debt recovery proceedings in the courts of West Bengal, India, if mutually agreed or required by law. - d) Notice Period for Disputes:
Clients must notify Prospera Leads of any disputes within 30 calendar days of the event giving rise to the dispute. Failure to raise a dispute in this period may result in the waiver of any claim. - e) Dispute Process:
- The client submits a written summary of the dispute to [email protected], including the date of the issue, a detailed description, and the desired resolution.
- Prospera Leads will attempt to resolve the matter informally within 10 business days.
- If resolution is not achieved, the matter proceeds to SIAC arbitration as outlined above.
4.6 Client Responsibilities
Clients are expected to:
- Maintain professional communication with our team at all times.
- Fulfill payment obligations promptly and without delay.
- Use our services ethically and for lawful business purposes only.
- Notify us of any material issues or disputes in good faith before escalating.
4.7 Agency Rights
Prospera Leads reserves the right to:
- Terminate any account in violation of these Terms without prior notice, with notification sent via email.
- Enforce these terms under the laws of West Bengal, India, and international arbitration standards.
- Refuse future service to clients previously terminated for cause.
- Update termination and dispute clauses at any time, with the current version accessible at https://prosperaleads.com.
By continuing to engage with Prospera Leads, clients agree to be bound by the account termination and dispute handling provisions stated herein.
To ensure the integrity of campaigns, the quality of deliverables, and compliance with ethical and legal standards, Prospera Leads outlines the following mandatory responsibilities for all clients. Failure to adhere to these terms may result in immediate suspension, termination, or legal action as outlined in Section 4.
5.1 Accuracy & Honesty of Information
Clients are strictly responsible for providing truthful, accurate, and up-to-date business information prior to and throughout the course of the engagement. This includes, but is not limited to:
- Company name, website, and description
- Target audience definitions
- Value propositions or offers
- Contact details for assigned team members
Any falsified, misleading, or outdated information that affects campaign quality, outreach accuracy, or lead integrity will be considered a breach of this agreement.
5.2 Professional Communication Standards
Clients are expected to maintain respectful, professional, and timely communication with Prospera Leads’ staff and account managers. This includes:
- Responding to requests for feedback, approvals, or clarification within reasonable timeframes
- Avoiding aggressive, condescending, or inappropriate language
- Treating all team members with courtesy, regardless of business outcomes
Prospera Leads reserves the right to document and escalate cases of communication-related abuse or misconduct.
5.3 Protection of Company Assets
Clients may not, under any circumstances:
- Sell, trade, transfer, or reuse leads delivered by Prospera Leads for other campaigns, platforms, or business ventures not explicitly stated in the original agreement
- Share access to dashboards, prospect data, email sequences, or other deliverables with third parties, freelancers, contractors, or competitors without prior written permission
- Redistribute proprietary assets such as scripts, campaign flows, or contact lists outside the scope of their own business operations
All deliverables provided by Prospera Leads are considered intellectual property of the company unless explicitly transferred in writing. Any misuse or unauthorized distribution may result in a permanent ban from all future services, immediate termination of access, and legal action under applicable intellectual property and data protection laws.
5.4 Compliance with External Platform Rules
Clients are required to respect the platform policies governing outreach, such as:
- LinkedIn’s connection and messaging limits
- Cold email compliance (CAN-SPAM, GDPR, CASL, DPDP Act, 2023)
- CRM or third-party tool restrictions (e.g., Mailshake, Apollo, Instantly)
Prospera Leads will not be liable for penalties, bans, or account suspensions resulting from a client’s own use or misuse of platforms. Clients agree to comply fully with the outreach channels’ terms of service and to maintain control of their accounts.
5.5 Limitation to Personal Business Use
All leads and campaign outputs are provided exclusively for the client’s own business use as defined in the signed scope of work. Clients may not:
- Resell leads to partners, competitors, or affiliate marketers
- Use leads to promote third-party offers without written authorization
- Combine or cross-pollinate leads across multiple brands without prior consent
Violations of this clause will result in immediate disqualification from ongoing services and potential civil liability for damages and breach of contract.
5.6 Audit of Client Usage
Prospera Leads reserves the right to audit client usage of deliverables (e.g., leads, scripts) to ensure compliance with these Terms, with reasonable notice. Clients must report any third-party use of deliverables to Prospera Leads in writing within 7 days.
By continuing to use the services of Prospera Leads, the client agrees to these responsibilities and acknowledges that any violation may result in service revocation without refund, as well as legal enforcement.
6.1 Ownership of Assets
All intellectual property developed, deployed, or utilized by Prospera Leads in the execution of client services—including but not limited to lead lists, outreach scripts, campaign templates, landing pages, automations, internal databases, backend tools, and proprietary workflows—shall remain the sole and exclusive property of Prospera Leads unless explicitly stated otherwise in a written agreement signed by both parties.
Clients are granted a limited, non-transferable, revocable license to access and utilize campaign outputs for the duration of the engagement and only within the scope of their own internal business use. This license does not grant ownership or rights to replicate, resell, or reverse-engineer any part of the tools or systems used to generate results.
6.2 Limitations on Use & Access
Clients understand and agree that:
- Backend software tools, automation logic, and outreach systems remain confidential and proprietary to Prospera Leads
- Clients may not request, replicate, or share the internal mechanisms or configurations used to deliver campaigns
- Any attempt to extract, duplicate, or commercialize Prospera Leads’ internal intellectual property, systems, or data without explicit written consent will be treated as a breach of contract and may lead to legal enforcement
6.3 Use of Subcontractors & Third-Party Specialists
Prospera Leads reserves the right to engage freelancers, subcontractors, and virtual assistants (e.g., copywriters, list researchers, campaign builders, or outreach specialists) to assist in service delivery, provided such personnel operate under internal quality control and contractual confidentiality terms.
All subcontractors operate as extensions of Prospera Leads’ internal team and are held accountable to strict standards of execution and data protection. The client shall have no direct relationship or communication with such third-party personnel unless specifically authorized.
6.4 Third-Party Platform Integrations
Certain services may be executed via third-party platforms and tools including, but not limited to, LinkedIn, Google Workspace, CRMs, email automation tools (e.g., Mailshake, Apollo, Instantly), scheduling platforms, and data providers. Clients acknowledge that:
- These platforms may have their own terms of service which the client is responsible for reviewing and complying with
- Prospera Leads’ access or use of these platforms for service execution is governed by industry practice and internal standards
- Any integration or usage of third-party platforms shall not be construed as a transfer of rights, ownership, or platform access beyond what is operationally required for delivery
- Prospera Leads is not liable for outages, bans, suspensions, or data loss caused by third-party platforms
6.5 Company Liability & Quality Guarantee
Prospera Leads assumes full responsibility for the actions and deliverables of its subcontractors, partners, and platform integrations. The company maintains internal review systems, operational audits, and quality checkpoints to ensure client-facing outputs meet or exceed professional standards.
In the event of performance concerns related to outsourced or platform-based work, Prospera Leads will conduct internal investigations and take corrective action at its sole discretion. Clients remain protected under the company’s direct contractual obligations.
6.6 Non-Disclosure Agreement (NDA) and Client Confidentiality
Upon written request, Prospera Leads will provide a formal Non-Disclosure Agreement (NDA) signed by its management to reinforce client confidentiality and data protection expectations. This NDA may include mutual or one-way confidentiality, depending on project scope and client preference.
Clients shall maintain the confidentiality of all proprietary information, including campaign strategies, tools, and deliverables, and shall not disclose such information to third parties without written consent, except as required by law.
By engaging with Prospera Leads, the client acknowledges and agrees to these ownership and usage terms. Any violation may result in immediate suspension of services, legal action, and forfeiture of access to all materials produced or delivered.
Prospera Leads is committed to safeguarding the privacy and confidentiality of all client data. This section outlines how we collect, store, use, and protect personal and business information provided by our clients or collected during service delivery.
7.1 Types of Data Collected
During onboarding and throughout the engagement, Prospera Leads collects only the necessary data to deliver services, including but not limited to:
- Business Identifiers: Company name, website, business model, industry type
- Contact Information: Full name, email addresses, phone numbers, LinkedIn profiles
- Operational Information: CRM details, lead preferences, sales goals, messaging tone, geographic focus, target audience
- Client-Submitted Materials: Campaign scripts, intake forms, testimonials, logos, or brand guidelines
- Technical Information: Browser data, platform usage behavior (from analytics tools), IP addresses
- Performance Data: Campaign results, engagement rates, and feedback loops used for internal optimization
This information may be collected through our intake forms, email communication, virtual meetings, web-based tools, or integration with third-party platforms.
7.2 Consent and Lawful Basis for Processing
By engaging with Prospera Leads and submitting information, clients explicitly consent to the collection, storage, and processing of their data for the purposes outlined herein.
We collect and process data under the following lawful bases:
- Contractual Necessity: To deliver the services requested
- Legitimate Interest: To improve service quality, filter lead targeting, and ensure campaign relevance
- Consent: For data not required for core service delivery, but used for optional features or future updates
Clients may withdraw consent at any time by contacting [email protected], subject to service impact and contractual terms.
7.3 Purpose of Data Usage
Client data is used strictly for the following purposes:
- Customizing lead generation and outreach strategies
- Matching clients with qualified leads that meet their specifications
- Maintaining accurate and effective communication
- Optimizing internal systems, reporting, and results analysis
- Ensuring platform compliance (e.g., LinkedIn or email tools)
We do not sell, rent, or share client data with unauthorized third parties under any circumstance.
7.4 Data Protection Compliance
Prospera Leads adheres to the Digital Personal Data Protection Act, 2023 (India) and voluntarily complies with international data protection standards, including key principles of:
- General Data Protection Regulation (GDPR – EU)
- California Consumer Privacy Act (CCPA – US)
For cross-border data transfers involving EU clients, we use Standard Contractual Clauses (SCCs) to ensure GDPR compliance. Clients have the following rights:
- Request access to their personal data
- Request corrections or updates to incorrect data
- Request deletion of their data (“right to be forgotten”)
- Object to specific data processing or opt-out of marketing communications
Requests can be made via email to [email protected], with responses provided within 14 business days.
7.5 Data Storage & Security Practices
All data is stored using encrypted and access-restricted systems, including:
- Encrypted cloud-based CRMs
- Project management tools with access control (e.g., Notion, ClickUp)
- Secure email communication systems
Internal access is limited to authorized personnel on a need-to-know basis only. All employees and subcontractors are bound by strict confidentiality agreements and undergo training on data handling.
7.6 Data Retention Policy
Client data is retained for the duration of the service engagement and for up to 12 months thereafter for internal reporting, support, or reactivation purposes. After 12 months of inactivity, data may be anonymized or permanently deleted unless a longer retention is required by law or agreed in writing. Clients may request early deletion of their data, understanding that this may impact service delivery.
7.7 Third-Party Integrations & Tools
Prospera Leads uses third-party tools and platforms to enhance campaign delivery, including but not limited to LinkedIn, Google Sheets, Mailshake, Apollo, Instantly, Slack, CRM plugins, and secure email APIs. Precautions are taken to ensure these tools are:
- Compliant with DPDP Act, 2023, GDPR, or equivalent standards
- Configured to minimize data exposure
- Access-controlled and monitored by our internal team
Prospera Leads does not allow third-party providers to access or use client data for any purpose other than service execution under our direction.
7.8 Data Breach Notification
In the event of a data breach, Prospera Leads will notify affected clients within 72 hours of discovery, as required by applicable laws, via email to their registered address. We will take immediate steps to mitigate the breach and comply with regulatory requirements.
7.9 Client Rights and Data Requests
Clients have full rights to:
- Access their data
- Correct inaccurate or outdated information
- Request deletion of stored data
- Export data in a portable format (where applicable)
- Limit processing or object to specific uses
All requests should be submitted to [email protected], with identity verification required for security. Prospera Leads reserves the right to update this policy to comply with new laws or improve transparency, with clients notified of material changes in writing.
Prospera Leads complies with all applicable anti-money laundering (AML) and sanctions laws, including those enforced by the Financial Action Task Force (FATF) and India’s Prevention of Money Laundering Act, 2002. Clients represent and warrant that payments made to Prospera Leads do not originate from illegal activities and comply with all sanctions regimes, including those of the US, EU, and India. Non-compliance may result in immediate termination, forfeiture of payments, and reporting to relevant authorities.
Clients must provide verifiable business information during onboarding, including legal entity name (if applicable), business description, website, and contact details. Prospera Leads reserves the right to refuse service if such information is incomplete, unverifiable, or suspected to be fraudulent. Clients agree to comply with Know Your Customer (KYC) requirements as requested to ensure compliance with AML and sanctions laws.
In the event of a change in client ownership, control, or legal structure, the client must notify Prospera Leads in writing via [email protected] within 7 days. Prospera Leads reserves the right to review or terminate the agreement if such changes materially impact the engagement.
Clients may not use Prospera Leads’ name, logo, or services in marketing materials, testimonials, or public statements without prior written consent via [email protected]. Unauthorized use may result in termination and legal action to protect our brand.
Clients shall maintain adequate professional liability insurance to cover any claims arising from their use of Prospera Leads’ services. Proof of insurance may be requested upon reasonable notice to ensure compliance with this requirement.
13.1 Governing Law and Jurisdiction
These Terms and Conditions, and any agreement, engagement, or transaction arising out of or in connection with the services rendered by Prospera Leads, shall be governed by and construed in accordance with the laws of the State of West Bengal, India, without regard to its conflict of law principles. In the absence of a mutually agreed alternative in a signed contract, the parties agree to submit to the exclusive jurisdiction of the competent courts of Kolkata, India, for debt recovery proceedings. Arbitration, where applicable, shall be conducted under the rules of the Singapore International Arbitration Centre (SIAC), as outlined in Section 4.5.
The parties acknowledge that Prospera Leads provides its services globally as a remote, unregistered freelance partnership, and that such delivery requires neutral, commercially reasonable legal standards. Clients shall not contest the jurisdictional authority of the courts of Kolkata, India, or SIAC arbitration on grounds of location, national origin, or method of service delivery.
13.2 Limitation of Liability
Prospera Leads shall not be held liable for any losses, damages, or claims resulting from:
- a. The Client’s misuse, misapplication, or misinterpretation of any deliverable, including but not limited to leads, outreach templates, CRM configurations, or strategic documents.
- b. Sales failures resulting from internal issues within the Client’s organization, including underperformance by sales personnel, delayed responses, or failure to follow the prescribed outreach or closing process.
- c. Market conditions, economic shifts, or industry-specific downturns that impact the Client’s ability to convert leads or generate returns.
- d. Client-side technology failures, data loss, or integration issues arising from third-party tools, platforms, or email service providers not controlled by the Agency.
- e. Changes in advertising regulations, platform outreach policies, or data privacy rules that retroactively impact campaign execution.
Clients acknowledge that while Prospera Leads makes every effort to ensure the accuracy and strategic viability of the services offered, the nature of lead generation, outreach, and digital marketing inherently involves variables that are beyond the Agency’s control. Accordingly, results cannot be guaranteed.
13.3 Maximum Liability
In the event of any claim, dispute, or demand for damages arising out of the services delivered, the maximum total liability of Prospera Leads shall not exceed the total amount actually paid by the Client for the specific service in question, within the ninety (90) calendar days immediately preceding the date on which the event or issue giving rise to the claim occurred.
This limitation shall apply regardless of the form of action, whether in contract, tort (including negligence), equity, or otherwise, and constitutes an essential element of the agreement between the parties. Clients agree that this liability cap reflects a fair allocation of risk, particularly in consideration of the dynamic and results-contingent nature of the services provided.
13.4 Exclusion of Consequential and Indirect Damages
Prospera Leads shall not, under any circumstances, be held liable for any indirect, special, incidental, punitive, exemplary, or consequential damages. This includes, without limitation, loss of anticipated revenue, lost profits, loss of commercial opportunity, reputational damage, business interruption, or claims brought against the Client by third parties—even if Prospera Leads was made aware of the possibility of such damages.
The Client accepts that responsibility for operational implementation, final sales outcomes, and legal compliance in the execution of received deliverables remains entirely their own, and that Prospera Leads’ role is strictly that of a strategic and operational service provider.
13.5 Indemnification
Each party agrees to indemnify, defend, and hold harmless the other party from any claims, losses, or damages, including legal fees, arising from their breach of these Terms, misuse of deliverables, or violation of applicable laws. Clients shall indemnify Prospera Leads for any third-party claims resulting from client-provided data, instructions, or misuse of services (e.g., unlawful use of leads).
13.6 Force Majeure
Prospera Leads shall not be deemed to be in breach of contract, nor liable for any failure or delay in performance, where such failure or delay is caused by events beyond its reasonable control, including but not limited to:
- Acts of God, such as earthquakes, floods, fires, or other natural disasters
- War, terrorism, riots, or other forms of civil unrest
- Cyberattacks, data breaches, or widespread internet outages
- Changes to third-party platform access, including bans, suspensions, or technical malfunctions affecting outreach tools (e.g., LinkedIn, Mailshake)
- Government actions, embargoes, trade restrictions, or legal prohibitions
- Pandemics, public health crises, or mandatory quarantines
- Power failures, telecommunications breakdowns, or infrastructure collapse
In such cases, the affected party shall promptly notify the other via email of the occurrence and expected duration of the force majeure event. Obligations shall be suspended for the duration of the event, and neither party shall hold the other liable for consequences resulting directly from such interruptions. If the event persists for more than 60 days, either party may terminate the agreement without liability by providing written notice. Partial performance may be provided where feasible, and timelines will be extended proportionally. Services will resume promptly upon resolution, with mutual agreement on revised timelines.
13.7 Anti-Bribery and Anti-Corruption
Both parties shall comply with all applicable anti-bribery and anti-corruption laws, including India’s Prevention of Corruption Act, 1988, the US Foreign Corrupt Practices Act, and the UK Bribery Act. Any violation shall constitute grounds for immediate termination without refund and may be reported to relevant authorities.
13.8 Severability
If any provision of these Terms and Conditions, or any portion thereof, is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be severed from the remainder of the agreement without affecting the validity or enforceability of the remaining provisions. All other provisions shall remain in full force and effect and shall be interpreted to best fulfill the original intent of the parties, to the extent permitted by law.
13.9 Entire Agreement
These Terms and Conditions, along with any executed Service Agreement or Statement of Work, constitute the entire agreement between the Client and Prospera Leads regarding the subject matter herein and supersede all prior discussions, negotiations, representations, or agreements, whether written or oral.
No amendment, modification, or waiver of any part of this agreement shall be valid unless made in writing and signed by both parties. Failure by either party to enforce any right or provision shall not constitute a waiver of such right or provision.
13.10 Non-Waiver
The failure or delay by Prospera Leads to exercise any right, remedy, or privilege under these Terms shall not operate as a waiver thereof. Any waiver must be express and in writing to be enforceable. A single or partial exercise of any right shall not preclude any other or further exercise thereof or the exercise of any other right or remedy.
By entering into service with Prospera Leads, the Client acknowledges that they have read, understood, and agreed to be bound by these Final Legal Provisions. Acceptance is deemed automatic upon payment, checking the agreement box, or commencement of service use.