Terms & Conditions

About these terms

These Terms & Conditions govern the provision and use of services provided by Max Cooper, a sole trader trading as ContractScout (“ContractScout”, “we”, “us” or “our”). By purchasing, subscribing to or otherwise using our services, you (“the Client”, “you” or “your”) agree to these Terms & Conditions. These terms apply to our business-to-business services and are intended for clients acting wholly or mainly for purposes relating to their trade, business, craft or profession. These Terms & Conditions should be read alongside our Privacy Policy and, where applicable, our Guarantee Terms.

ContractScout’s services

ContractScout provides business-to-business prospect research and outreach services designed to help clients identify and connect with potential commercial customers. Our services may include researching suitable businesses within the Client’s agreed target market and territory, identifying appropriate business contacts, conducting personalised outreach, following up with prospects and passing interested opportunities to the Client. The precise scope of the service may depend on the information and targeting requirements provided by the Client. ContractScout provides prospecting and outreach services only. We do not guarantee that any prospect will purchase the Client’s services, enter into a contract with the Client or generate any particular level of revenue, except to the extent expressly stated in our separate Guarantee Terms.

Eligibility and business use

ContractScout’s services are provided on a business-to-business basis only and are not intended for consumers. By purchasing or using our services, you confirm that you are acting for purposes relating to your trade, business, craft or profession and that you have authority to enter into an agreement with ContractScout on behalf of the relevant business. You must provide accurate and complete information when engaging our services and must notify us of any material changes that could affect the delivery of the service.

Client responsibilities

The Client is responsible for providing ContractScout with accurate and sufficient information about its business, services, target customers and agreed geographic territory so that we can carry out the service effectively. The Client must ensure that any information, materials or instructions supplied to ContractScout are accurate, lawful and do not infringe the rights of any third party. The Client is responsible for responding to opportunities provided by ContractScout within a reasonable timeframe and for managing all subsequent communication, quotations, negotiations and commercial relationships with prospective customers. The Client remains solely responsible for deciding whether to enter into any agreement with a prospect and for the pricing, quality, delivery and fulfilment of its own products or services. The Client must not use information supplied through ContractScout for unlawful, misleading, fraudulent or unsolicited marketing activities that would breach applicable law.

Fees and payment

The Client agrees to pay the fees displayed on our website or otherwise agreed with ContractScout at the time the service is purchased. Unless otherwise agreed in writing, our service is provided on a monthly subscription basis and fees are payable in advance for each billing period. The subscription will continue on a recurring monthly basis until cancelled in accordance with these Terms & Conditions. We may change the price of our services from time to time. Any price change will not affect fees already paid and, where it applies to an existing Client, we will provide reasonable notice before the new price takes effect. The Client is responsible for ensuring that payment information is accurate and that payments can be collected when due. If payment is unsuccessful or remains outstanding, we may pause or suspend the service until payment has been received. Except where the Client qualifies for a refund under our Guarantee Terms, or where otherwise required by law, fees already paid are non-refundable.

Service and territory protection

Where territory protection forms part of the Client’s service, ContractScout will agree a defined geographic territory with the Client. While that territory remains allocated to the Client, ContractScout will not provide the same prospecting service to another directly competing business within that same agreed territory. Territory protection applies only to the specific service category and geographic area agreed with the Client. ContractScout may work with businesses offering different services within the same area or with similar businesses operating in different territories. Territory protection remains subject to the Client maintaining an active, fully paid subscription. If the service is cancelled, terminated or payment becomes overdue, ContractScout may make the territory available to another business. Where there is uncertainty about whether another business would constitute a direct competitor within an allocated territory, ContractScout will make a reasonable assessment based on the services offered, target customers and geographic market.

Prospecting and outreach

ContractScout will carry out prospect research and business-to-business outreach based on the Client’s agreed targeting criteria, services and territory. We will use reasonable efforts to identify businesses and appropriate business contacts that appear relevant to the Client’s services. Prospect information may be obtained from publicly available sources and other lawful business data sources. ContractScout may contact prospective customers on the Client’s behalf using appropriate business communication channels and may conduct follow-up outreach where reasonably appropriate. We will take reasonable steps to conduct outreach in accordance with applicable UK data protection and direct marketing requirements. The Client acknowledges that prospect availability, response rates and levels of interest can vary depending on factors including the Client’s industry, location, offer, pricing, market conditions and target audience. ContractScout may adjust targeting, messaging and outreach strategy where we reasonably believe doing so will improve the effectiveness of the service, while remaining consistent with the Client’s agreed requirements.

Opportunities and results

ContractScout’s role is to identify potential commercial customers, conduct outreach and introduce interested businesses to the Client where appropriate. An opportunity does not constitute a guaranteed sale, contract, appointment or customer. The Client remains responsible for communicating with prospects, providing quotations, negotiating terms and converting opportunities into paying customers. ContractScout cannot control the decisions or actions of prospective customers and does not guarantee any particular number or value of contracts, sales or revenue, except for any specific commitment expressly provided under our separate Guarantee Terms. Results may vary depending on factors outside ContractScout’s control, including market demand, competition, the Client’s pricing and offering, response times and ability to convert prospective customers. Nothing in this section limits any rights the Client may have under the ContractScout Guarantee where the applicable Guarantee Terms have been satisfied.

Guarantee

ContractScout may offer eligible Clients a money-back guarantee subject to the conditions set out in our separate Guarantee Terms. The guarantee applies only where the eligibility requirements and conditions stated in the Guarantee Terms have been satisfied. The guarantee does not constitute a promise or guarantee that the Client will secure any particular customer, contract, level of revenue or other commercial result. Where there is any inconsistency between this section and the Guarantee Terms in relation to the guarantee, the Guarantee Terms will apply.

Cancellation

The Client may cancel their ContractScout subscription at any time before the next billing date. Cancellation will prevent the subscription from renewing for a further billing period. Unless otherwise agreed, the Client will continue to receive the service until the end of the billing period that has already been paid for. Fees already paid are not refundable solely because the Client chooses to cancel part-way through a billing period. This does not affect any refund for which the Client may separately qualify under our Guarantee Terms. Following cancellation, any territory protection associated with the Client’s subscription will end when the paid service period expires, after which ContractScout may make that territory available to another business. The Client remains responsible for any fees that became due before the cancellation took effect.

Intellectual property

All intellectual property rights in ContractScout’s website, branding, processes, templates, outreach materials, systems and other materials created or owned by ContractScout remain the property of ContractScout or the relevant rights holder. The Client retains ownership of any materials, branding, information or intellectual property that it provides to ContractScout. The Client grants ContractScout permission to use materials and information supplied by the Client where reasonably necessary to provide the agreed services, including for prospecting and outreach carried out on the Client’s behalf. Unless otherwise agreed in writing, the Client may use prospect information and materials supplied by ContractScout for its own legitimate business purposes in connection with the service, but may not resell, redistribute or commercially exploit ContractScout’s proprietary materials, systems or databases. Nothing in these Terms transfers ownership of either party’s intellectual property to the other.

Confidentiality

Each party may receive confidential or commercially sensitive information from the other in connection with the provision of ContractScout’s services. Each party agrees to keep such information confidential and to use it only where reasonably necessary for the purposes of the business relationship. Confidential information may include business strategies, pricing, customer information, prospecting information, processes, commercial plans and other information that would reasonably be considered confidential. This obligation does not apply to information that is already publicly available through no breach of these Terms, was lawfully known before disclosure, is received lawfully from another source, or must be disclosed by law or a competent authority. ContractScout may disclose confidential information to service providers or professional advisers where reasonably necessary to provide the service or operate the business, provided that appropriate confidentiality obligations apply.

Third-party services

ContractScout may use third-party platforms, software and service providers to support the delivery and operation of our services. These may include providers of website hosting, email, payment processing, customer relationship management, data storage, analytics, prospect research and other business tools. ContractScout is not responsible for the availability, performance or actions of third-party services that are outside our reasonable control. Where third-party providers process personal information in connection with our services, we will handle such arrangements in accordance with applicable data protection requirements as described in our Privacy Policy. The Client may also be required to use or interact with third-party services when receiving opportunities or communicating with prospects. Any use of those services may be subject to the relevant provider’s own terms and policies.

Limitation of liability

ContractScout will provide its services with reasonable care and skill. However, we do not guarantee that any prospect will become a paying customer or that the Client will achieve any particular level of sales, revenue, profit or other commercial result, except for any specific commitment expressly set out in our Guarantee Terms. To the fullest extent permitted by law, ContractScout will not be liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of opportunity or loss of anticipated savings arising from or in connection with the services. Subject to any liability that cannot lawfully be excluded or limited, ContractScout’s total aggregate liability arising out of or in connection with the services will not exceed the total fees paid by the Client to ContractScout during the three months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation. Nothing in this section limits any refund properly due to the Client under our Guarantee Terms.

Suspension and termination

ContractScout may suspend or terminate the Client’s service where the Client fails to pay fees when due, materially breaches these Terms & Conditions, provides unlawful or misleading instructions, misuses our services, or engages in conduct that could reasonably expose ContractScout or another party to legal, regulatory or reputational harm. Where reasonably appropriate, we will give the Client an opportunity to resolve the issue before terminating the service. We may terminate a service where we are no longer reasonably able to provide it, including where legal, regulatory, technical or operational circumstances prevent continued delivery. Where ContractScout terminates a prepaid service for reasons unrelated to the Client’s conduct, we will provide an appropriate refund for any unused portion of the service. Following termination, ContractScout will no longer be required to provide the service and any associated territory protection will end. Any provisions of these Terms which by their nature are intended to continue after termination, including provisions relating to confidentiality, intellectual property and liability, will continue to apply.

Changes to these terms

We may update these Terms & Conditions from time to time to reflect changes to our services, pricing, business practices or applicable legal and regulatory requirements. Where changes materially affect an existing Client’s service, we will provide reasonable notice before those changes take effect. Updated Terms & Conditions will be published on our website with a revised “Last updated” date. Continued use of the service after updated terms take effect will constitute acceptance of the revised Terms, where permitted by law.

Governing law

These Terms & Conditions and any dispute or claim arising out of or in connection with them, their subject matter or the provision of ContractScout’s services will be governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or the services provided by ContractScout. Nothing in these Terms affects any rights or remedies that cannot lawfully be excluded or limited.

Contact us

If you have any questions about these Terms & Conditions or ContractScout’s services, please contact us:

ContractScout
Operated by Max Cooper, trading as ContractScout
Email: contact@contract-scout.co.uk

For questions relating specifically to privacy or personal information, please contact privacy@contract-scout.co.uk.