TERMS AND CONDITIONS

Websense Internet Solutions CC
Registration No.: 2003/091407/23
Address: 144 Katherine Street, Sandton, 2196, South Africa
Email: info@websense.co.za

1. Introduction

These Terms and Conditions (“Terms”) govern the provision of lead generation and enquiry forwarding services (“Services”) by Websense Internet Solutions CC (“Websense”, “we”, “our”, or “us”) to its clients (“Client”, “you”, or “your”).
By engaging our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and by the attached Lead Distribution and Payment Policy Addendum.

2. Nature of Services

2.1 Websense operates various online platforms, campaigns, and websites to attract quote requests, enquiries, or requests for proposals (“Leads”) from potential customers.
2.2 Leads may originate from Websense-owned websites or from websites operated by or on behalf of our clients.
2.3 Leads are provided to clients as they are received, on either a pay-per-lead basis or a monthly fixed-fee basis, depending on the agreed service model.
2.4 Websense makes no guarantee as to the number, accuracy, quality, or conversion rate of any Leads supplied unless expressly agreed upon.

3. Client Responsibilities

3.1 The Client accepts full responsibility for verifying and validating the authenticity, suitability, and commercial potential of each Lead received.
3.2 The Client must conduct all necessary due diligence, including verifying the identity, credibility, and financial stability of any potential customer before entering into any business relationship.
3.3 Websense shall not be held liable for any damages, losses, or claims arising from the Client’s interactions or transactions with any Lead, including but not limited to non-payment, fraud, theft, misrepresentation, or contractual breaches.

4. Limitation of Liability

4.1 Leads are supplied “as is” and “as available,” without warranty of any kind, whether express or implied.
4.2 Under no circumstances shall Websense, its members, employees, contractors, or affiliates be liable for any direct, indirect, incidental, consequential, or special damages (including loss of revenue, profit, or goodwill) resulting from the use or reliance on any Lead.
4.3 The Client hereby indemnifies and holds Websense harmless from any claim, demand, or loss resulting from or connected to the Client’s dealings with any Lead provided by Websense.

5. Data and Privacy

5.1 Websense collects and processes Lead data in compliance with South Africa’s Protection of Personal Information Act (POPIA).
5.2 The Client agrees to process any personal data received through Websense strictly in accordance with POPIA and applicable data protection regulations.
5.3 The Client shall not share, sell, or distribute Lead data to any third party without prior written consent from Websense.

6. Service Availability and Delivery

6.1 Websense does not guarantee continuous or uninterrupted delivery of Leads or the availability of specific categories, volumes, or geographic areas.
6.2 Websense reserves the right to modify, suspend, or discontinue any part of its Services without prior notice.

7. Intellectual Property

7.1 All websites, content, software, systems, and marketing materials developed or used by Websense remain the intellectual property of Websense.
7.2 The Client receives a non-exclusive, non-transferable right to use Leads solely for its internal business purposes.

8. Termination and Cancellation

8.1 Either party may cancel the Services by providing 30 (thirty) days’ written notice to the other party.
8.2 There are no fixed contractual service periods. Services operate on a flexible month-to-month or pay-per-lead basis.
8.3 Websense may immediately suspend or terminate Services if the Client breaches these Terms or fails to make payment when due.

9. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute shall be subject to the exclusive jurisdiction of the courts of South Africa.

10. Entire Agreement

These Terms, together with any applicable written quotation, proposal, or addendum, constitute the entire agreement between the parties and supersede all prior communications, understandings, or agreements, whether oral or written.

11. Amendments

Websense reserves the right to amend these Terms or the attached Addendum at any time. Updated Terms will be communicated to clients and become effective upon publication or notification.

12. Acceptance

By engaging Websense’s Services or accepting delivery of any Leads, the Client acknowledges and agrees to these Terms and the Addendum in full.
Furthermore, by receiving Leads from Websense, whether by email, online form, WatsApp, or any other delivery method, the Client is deemed to have accepted and agreed to these Terms and Conditions in their entirety, without the need for a signed agreement.

ADDENDUM: LEAD DISTRIBUTION AND PAYMENT POLICY
1. Service Models

1.1 Pay-Per-Lead Basis
Under this model, the Client is charged a fixed fee per Lead supplied. The cost per Lead is agreed upon in writing between Websense and the Client before distribution begins.

1.2 Monthly Fixed-Fee Basis
Under this model, the Client pays a predetermined monthly fee for access to Leads generated through Websense’s marketing platforms or campaigns. The number of Leads may vary depending on campaign performance, demand, and seasonality.

2. Delivery of Leads

2.1 Leads are delivered electronically via email, webform, Whatsapp, Telephone or designated CRM integration as agreed between Websense and the Client.
2.2 Leads are shared with the Client as soon as they are received, without delay or alteration.
2.3 Websense does not guarantee exclusivity unless explicitly stated in writing. Where exclusivity applies, it will be clearly defined in the service agreement.

3. Payment Terms

3.1 Payment terms are as agreed in the applicable quotation or service proposal.
3.2 All invoices are due within the agreed payment period (typically 7–30 days).
3.3 Payments are non-refundable, as the Service is fulfilled upon delivery of Leads.
3.4 Late payments may result in suspension of Services or withholding of Leads until payment is received in full.

4. Cancellation Policy

4.1 Either party may cancel the Service by providing 30 (thirty) days’ written notice.
4.2 There are no long-term contractual commitments; Services are provided on a rolling monthly or pay-per-lead basis.
4.3 Upon cancellation, any Leads delivered or generated prior to the end of the notice period remain payable in full.

5. No Performance Guarantee

5.1 Websense does not guarantee that any Leads will convert into sales, revenue, or contracts.
5.2 Marketing performance may fluctuate based on factors outside Websense’s control, including industry conditions, competition, and market demand.

6. Dispute Resolution

Any disputes regarding payments, lead quality, or service delivery shall first be addressed in writing between the parties. Websense will review and respond in good faith, but ultimate liability remains limited as outlined in the main Terms.