CollectiveABM Ltd. Advertising Services General Terms and Conditions

(Updated 15 July 2025)

The following General Terms and Conditions together with the Order Form (collectively, the “Agreement”) are entered into between CollectiveABM Ltd, a company incorporated in England & Wales with registered office at Office 628b, 182-184 High Street North, East Ham, London, United Kingdom, E6 2JA , “Register No.16498215” (the “Provider”) and the client identified in the Order Form (the “Client”). By signing the Order Form, or by continuing to use the Services after the Effective Date (as defined below), the Client agrees to be bound by this Agreement.

Acceptance & Automatic Updates of Online Terms

Dynamic Online Version. The current version of these General Terms is always available at https://collectiveabm.com/terms-of-service (or any successor URL). The Provider may update the online version from time to time to reflect changes in applicable law, technology or service features. Unless a shorter period is required by law, updates will take effect thirty (30) days after being posted and will automatically govern all ongoing and future Services without the need for a new signature. The Provider will give the Client reasonable advance notice of material changes (e-mail or dashboard notice). If the Client objects to an update, its exclusive remedy is to terminate the Agreement in accordance with Section 3.2.


1. Service Scope

1.1 Services Provided

The Provider will deliver a managed account-based advertising campaign (the “Services”) to help the Client target and engage companies that visit the Client’s website. This includes:

1.1.1 Advertising Campaigns

Planning and execution of digital advertising placements (programmatic, display, etc.) aimed at individuals from target companies (identified via visits to the Client’s website) or from a list of companies provided by the Client or the Provider. The Provider manages media buying & optimisation, campaign optimisation, project management and reporting. The provider includes the full access to Leadfeeder company identification platform for free to clients with more than 15 targeted accounts per month, if less a fixed additional cost of 300 euro/month will be applied – this is only applicable for 2.1.1 Cost-Per-Advertised-Company (“CPAC”). For Cost-plus 2.1.2 the cost is complementary.

1.1.2 Data platform access and export

Data from Dealfront can for an extra cost be sold to the client, this is applicable when the client is exporting data from Dealfront to Linkedin, CRM or download list – then its always associated with extra costs – unless it’s stated in the order form. Or the client can purchase access to Dealfront platform at a yearly commitment at the same prices as provided by Dealfront.com

Inclusive Services:

Technical support and Onboarding Technical support for the tracking setup, ongoing project management, campaign optimisation, audience updates and performance reporting.

Company identification – Leadfeeder platform

The Provider will create and pay for a Dealfront (or Leadfeeder) account on behalf of the Client as part of the Services. The Client remains responsible for installing the tracking script on all agreed website pages and for reviewing and updating its privacy-related documentation (e.g., privacy policy, consent notices) accordingly. The Provider will provide reasonable implementation assistance. In case of volume per month of identified companies exceeding 400 companies, an additional cost of 1 euro/identified company is applied.

1.2 Scope Adjustments and Changes

The scope of Services provided by the Provider to a particular Client is always specified in the Order Form. Any changes to the scope of Services (such as additional advertising channels, changes in target criteria, or significant campaign modifications) must be agreed in writing by both parties (which may include email confirmation) and may require an amendment to the Order Form, including adjustments to fees if applicable.

1.3 Third-Party Tools

The Client acknowledges that the Dealfront web-tracking tool is a third-party service not owned or controlled by the Provider. Dealfront acts as an independent controller of its processing operations. The Client is solely responsible for complying with Dealfront’s terms of service, for correct script implementation, and for ensuring its privacy disclosures are up-to-date. The Provider pays for the Dealfront subscription and includes this cost in the Service fees; no separate Dealfront subscription charges are payable by the Client. The Provider’s ability to deliver Services is contingent on proper implementation of the tracking tool; the Provider shall not be liable for failure to achieve desired results caused by the Client’s delay or failure in implementing the tool or issues attributable to Dealfront. If the tracking tool is not implemented or is disabled, the Provider may suspend Services until the issue is resolved.

1.3.1 Access to Services.

The Client and Client’s staff may have access to the Services only as an authorized user and use them according to the terms that are specified in these Terms of Service and any scope of use restrictions indicated in the Order Form. Remember, that you will be responsible for any and all actions taken via yours and your authorized users’ accounts and passwords

1.4 Free Trial

  • (a) One-Time Offer. Subject to availability, the Provider may grant the Client a one-time free trial of the Services (the “Trial”).
  • (b) Duration. The Trial lasts fourteen (14) consecutive days starting on the date the Provider creates the Client’s Dealfront account and transmits the implementation codes (the “Trial Start Date”).
  • (c) Trial Package. During the Trial the Client receives (i) access to Dealfront’s company-identification platform and (ii) complimentary advertising with a face value of € 250 directed toward up to ten (10) Client-selected target companies.
  • (d) Expiry. After Day 14 the Trial automatically ends, and access to the Services expires, regardless of the scope of use. For technical reasons the Provider is unable to attribute website visits to specific companies under the Trial after that time.
  • (e) Disclaimer. The Trial is provided “as-is”, carries no performance guarantee and may be suspended, modified or withdrawn at any time prior to the Trial Start Date.
  • (f) Activation via Website Form. The Trial must be requested through the online application form available at https://collectiveabm.com/get-started/ (or any successor URL). No separate Order Form or written contract is required for the Trial; by submitting the form and implementing the tracking script, the Client acknowledges and agrees that the Trial is governed by these General Terms.

 

2. Pricing & Payment Terms

2.1 Pricing Models

  1. Cost-Per-Advertised-Company (“CPAC”) Model – Default.
    The Client pays a fixed monthly fee for each company to which at least one advertisement is served during the billing period.
    No fee is charged in respect of any company that receives zero impressions in that month.
    The CPAC price covers media costs, third-party data, advertising-technology fees, project management, meetings and standard reporting.
    This pricing model allows weekly changes of audience (the companies you want to advertise toward). How ACAP is calculated:
    Step What happens Why it’s fair
    1. Weekly snapshot Every Monday at 00:00 UTC we record the exact number of companies in your active audience list. Lets you add / remove prospects as often as you like.
    2. Four-week average At month-end we take the four weekly counts that fall inside the billing month and compute their arithmetic mean. Smooths out short-term spikes so a one-week bump doesn’t penalise you.
    3. Monthly invoice ACAP × $50. Example: 12 + 9 + 14 + 16 = 51 → 51 ÷ 4 = 12.75 companies → $637.50. You pay only for companies actually targeted.
    4. Extra days (29–31-day months) Any days beyond 28 that don’t make up a full week roll forward into next month’s average window. No double-billing
  2. Cost-Plus Model (Large Volumes).
    For campaigns exceeding the volume thresholds set out in the Order Form,
    the parties may agree a cost-plus structure under which the Client pays the actual media and data costs plus
    the service margin or percentage specified in the Order Form.

2.2 Pricing model for data export

Data export, for each company or/and contact data subject that is exported from the client’s Dealfront account
is associated with an extra cost of 0,3€ per subject unless something else is agreed in the Order Form.
One subject is one contact (a person) or one company (note: contact data is not included in the company export).

2.3 Pre-Payment of Media Budget

Unless otherwise stated in the Order Form, the Client must pre-pay one-hundred percent (100%) of the first month’s estimated media budget
(or, for the Cost-Plus Model, the agreed media float) no later than five (5) business days before the planned campaign launch date.
The Provider is under no obligation to commence or continue any campaign until the required pre-payment has cleared in full.

2.5 Invoicing

The Provider will invoice the Client based on the pricing model selected.
Invoices are generally issued monthly in arrears unless otherwise stated.
Each invoice will detail the calculation method and include applicable taxes.

2.6 Electronic Invoices

The Client agrees to receive invoices in electronic form, without signature, sent to the email address indicated in the Order Form.

2.7 Payment Terms

Payment is due within ten (10) days of the invoice date unless a different period is stated in the Order Form.
Late-payment interest, suspension rights and dispute procedures are as set out in the Agreement.

2.8 Taxes

Fees are exclusive of applicable taxes. The Client is responsible for taxes other than those on the Provider’s income.
The Provider will add indirect taxes (e.g., VAT) to invoices where required by law.

2.9 No Set-Off

The Client may not withhold or set off amounts due except by mutual written agreement or pursuant to a final court order.

2.10 Dealfront Fees Included

All subscription fees charged by Dealfront for the core tracking tool are paid by the Provider and are already included in the pricing models described in Section 2.1.
No separate Dealfront subscription charges will be invoiced to the Client, except as provided in Section 2.11 and 2.3 in relation to data purchases or exports.

2.11 Data Purchase or Export Fees (Dealfront)

If the Client purchases or exports any contact or company records via its Dealfront account—whether through Dealfront’s data-purchase features or the export function—
or receives such data through Provider-supplied reports, the Client shall pay an additional fee of €0.30 per record,
unless a different rate is expressly agreed in the Order Form.
Such fees are payable in accordance with the invoicing and payment terms of this Section 2.

2.12 Campaign Schedule and Budget Adjustments

(a) Start and End Dates. The Client may specify a campaign start date and, if desired, an end date or overall budget cap
either in the Order Form or subsequently by written notice (including email) to the Provider.
The Provider will implement the schedule upon written confirmation.

(b) Budget or Target-Company Increases. During the Term, the Client may request increases to
(i) the media budget or (ii) the number of companies to target.

 

3. Contract Duration & Termination

3.1 Term of Agreement

This Agreement commences on the Effective Date specified in the Order Form and, unless otherwise stated therein, continues for an initial term (the “Initial Term”) of recurring at a monthly basis.
Upon expiry of the Initial Term, the Agreement will automatically renew on a rolling monthly basis (each a “Renewal Term”) unless and until terminated in accordance with Section 3.2 or 3.3.

3.2 Termination for Convenience

Either party may terminate this Agreement for convenience at the end of the Initial Term or any Renewal Term by providing at least thirty (30) days’ written notice to the other party.
If the Client elects to terminate during an ongoing billing period, the Client remains liable for fees incurred up to the effective date of termination and for any early-termination or minimum-spend commitments set out in the Order Form.

3.3 Termination for Cause

Either party may terminate this Agreement immediately upon written notice to the other if the other party materially breaches any provision of the Agreement and, if such breach is curable,
fails to cure it within fifteen (15) days of receiving written notice, specifying the breach.
Material breaches include, without limitation:

  • Client’s failure to pay invoices on time;
  • Client’s failure to implement or maintain the Dealfront tracking script as required;
  • Provider’s persistent failure to deliver the Services (other than due to Client’s own failures or force majeure);
  • Either party becoming insolvent, entering bankruptcy, or ceasing business operations.

3.4 Effects of Termination

  • Cessation of Services. Provider will stop all advertising campaigns and disable any Provider-controlled pixels or tags. The Client removes the Dealfront script.
  • Final Invoice / Refunds. The provider will issue a final invoice for Services rendered up to termination.
    Any prepaid but unused fees will be refunded within thirty (30) days, unless termination is due to the Client’s breach, in which case the Provider may offset damages.
  • Survival. Clauses relating to payment, confidentiality, data-privacy compliance, intellectual property, liability limitations and indemnities survive termination.

3.5 No Liability for Termination

Except for payment obligations or liabilities expressly surviving, neither party shall be liable to the other for damages solely by reason of a lawful termination under this Section 3.


4. Liability & Indemnification

4.1 No Warranty

To the maximum extent permitted by applicable law, the Provider disclaims all warranties, whether express, implied or statutory,
regarding the Services, including any warranties of merchantability, fitness for a particular purpose, title, accuracy or non-infringement.

4.2 Limitation of Liability

To the extent permitted by applicable law, each party’s total liability under this Agreement is limited to direct damages
and shall not exceed the total fees paid or payable by the Client under the applicable Order Form during the six (6) months preceding the event giving rise to liability.
Neither party shall be liable for any consequential, incidental, indirect, special or punitive damages,
or for any loss of profits, revenue, business or data.


5. Data Privacy & Compliance

5.1 Compliance with Data-Protection Laws

Cookie-Less Implementation Recommended. The Services are designed to operate without placing marketing cookies on end-user devices. The Provider therefore strongly recommends that the Client implements the Dealfront script in cookie-less mode. Where the Client nevertheless elects to place cookies, the Client is solely responsible for obtaining legally required consents and updating its privacy policy.

Whitepaper Reference. The Client should consult the whitepaper “GDPR Compliance of IP-Based Tracking with Collective ABM” for best-practice guidance.

5.2 Data-Processing Roles

Dealfront acts as an independent controller for its processing of raw log files and IP addresses. The Provider acts as a processor on behalf of the Client in relation to personal data it handles solely for delivering the Services.

5.3 Data-Processing Agreement

The parties shall enter into or adhere to the Provider’s and Dealfront’s Data-Processing Agreements, incorporated by reference.

5.4 Privacy Policy

The Provider is firmly committed to protecting the privacy of the Client’s personal information. The Provider processes the Clients’ Personal Data as a controller in order to perform the agreement between you and us and for our business needs, including settlement of remuneration due to us, fulfillment of our legal obligations as a service provider, pursuing claims or defending against them.
By using our Services, the Client acknowledges and agrees that our Policy Privacy available at: https://collectiveabm.com/privacy-policy/ governs the collection, usage and disclosure of this personal information.

5.5 Confidentiality of Data

The Provider shall treat all data derived from the Client’s website or provided by the Client as confidential and will not disclose it to any third party except as needed to perform the Services (for example, to ad network partners for ad delivery, or to Dealfront as the provider of the tracking data) or as required by law.
Provider will not sell, reuse, or share the Client’s site visitor data for any other advertising campaigns or purposes unrelated to Client.
The Client similarly agrees to keep any non-public information about the Provider’s techniques, pricing, or other confidential business information confidential, as well as any non-public personal data of Provider’s employees or agents (like contact information) that might be shared for contract administration.
Both parties will implement appropriate security measures to protect personal data and confidential information, and will notify the other without undue delay if they become aware of any data breach involving the other party’s data.

5.6 Regulatory Compliance and Record-Keeping

The Client and Provider shall each obtain and maintain all licenses, consents, and permissions necessary to comply with applicable laws in relation to the Services.
The Client is responsible for the content of the advertisements and ensuring it complies with any industry-specific regulations or advertising standards (e.g., not making false claims, complying with sectoral rules for financial, healthcare, etc., if applicable).
Provider will not knowingly place any ad that violates applicable law or advertising standards, and reserves the right to refuse or take down any advertisement content provided by Client that Provider reasonably believes may violate any law or infringe rights.
Each party will reasonably cooperate with the other in responding to any regulatory investigation or inquiry concerning the advertising activities under this Agreement.
If either party receives any complaint or inquiry from a data subject (e.g., website visitor) or supervisory authority relating to the Services or data processing, it will promptly inform the other party and provide reasonable assistance in resolving it.


6. Intellectual Property Rights

6.1 Client Intellectual Property

As between the parties, the Client retains all right, title, and interest in and to Client’s intellectual property, including but not limited to the Client’s trademarks, logos, brand names, slogans, and any marketing or advertising materials or content that the Client provides to the Provider for use in the campaign (“Client Materials”).
The Client hereby grants the Provider a limited, non-exclusive, royalty-free license to use, reproduce, and display the Client Materials solely for the purpose of performing the Services under this Agreement (e.g., incorporating Client’s logos and ads into advertisements and campaign-related materials).
This license extends to any third-party ad platforms or networks as necessary to distribute the Client’s ads.
Provider will not use the Client’s name, logo, or materials for any other purpose (such as marketing or case studies) without the Client’s prior written consent, except that Provider may identify Client as a customer in its portfolio or client list, in a discreet manner, unless the Client explicitly objects in writing.

6.2 Provider Intellectual Property

The Client acknowledges that the Provider has developed or licensed certain technology, software, methodologies, and know-how used in providing the Services, including any proprietary scripts, algorithms, audience creation techniques, campaign optimization strategies, and reporting formats.
All intellectual property rights in the Provider’s proprietary materials and tools (collectively, “Provider Materials”) remain the exclusive property of the Provider (or its licensors).
Nothing in this Agreement transfers any ownership of Provider Materials to the Client.
To the extent the Provider delivers any reports, analytics, or custom documentation to the Client as part of the Services (e.g., campaign performance reports, analysis of website visitor data, etc.), the Client is granted a non-exclusive, perpetual, royalty-free license to use and reproduce those deliverables for its internal business purposes.
However, any underlying Provider methodologies or templates incorporated in such deliverables remain Provider’s property.
The Client shall not reverse engineer, decompile, or attempt to extract the source code of any Provider software or tools provided for use, nor use any of Provider’s proprietary data or insights for purposes outside the scope of this Agreement without Provider’s permission.

6.3 Third-Party Intellectual Property

The Services rely on certain third-party products or data, notably the Dealfront web tracking tool and possibly third-party advertising networks and data providers.
All intellectual property rights in third-party tools or data remain with the respective third-party owners.
The use of the Dealfront tracking tool by Client is subject to Dealfront’s terms and licenses; this Agreement does not grant either party any intellectual property rights in Dealfront’s technology.
Provider’s use of any third-party advertising platform (like DSPs, ad exchanges) is under their respective terms, and any data or insights obtained from such platforms (such as benchmarking data) that are non-specific to Client may be used by Provider in accordance with those terms.
Neither party will remove or obscure any copyright, trademark, or other proprietary rights notices on any materials provided by the other or by third parties in connection with the Services.

6.4 Intellectual Property in Ads and Campaign Data

If the Provider creates any custom advertising content or creative for the Client as part of the Services (for example, designing banner ads using Client’s branding), the Provider grants to the Client all necessary rights to use that content in the intended advertising campaign and, upon full payment for the Services, Provider assigns to Client ownership of the copyright in those specific ad creatives.
The provider may retain copies of such materials for record-keeping and portfolio purposes, but will not use or re-publish Client-specific ad creatives for other clients or purposes without consent.
The campaign performance data (e.g. metrics such as impressions delivered, clicks, conversions, and identifiable information about companies that engaged) that result from the advertising Services will be owned by the Client, though the Provider may retain and use aggregated or anonymized versions of that data (that do not reveal Client’s identity or any personal data of individuals) to improve its services and for benchmarking.
Each party retains ownership of any data it had prior to this Agreement; sharing data for the campaign does not transfer ownership, except that Client is entitled to the results of the campaign as noted.

6.5 Indemnification for IP Use

The Client represents and warrants that it has all necessary rights and permissions to provide the Client Materials to Provider and to authorize their use in the campaign.
The Client will indemnify the Provider against any third-party claims that any Client Materials (or their use in the Services) infringe third-party rights, as outlined in Section 4.3 above.
The Provider represents that, to its knowledge, the provision of Services and any Provider-created materials for the campaign do not infringe any third-party intellectual property rights, and Provider’s indemnity in Section 4.4 will apply in the event of any breach of this representation.


7. Other Standard Provisions

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of England & Wales, excluding conflict-of-laws principles and the U.N. Convention on Contracts for the International Sale of Goods.
  • Jurisdiction & Dispute Resolution: The parties submit to the exclusive jurisdiction of the courts of England & Wales. The parties shall first attempt in good faith to resolve any dispute arising from this Agreement through negotiation and discussion at appropriate management levels, within 30 days of the dispute arising. If a dispute cannot be resolved amicably within the above-mentioned time, it shall be submitted to the exclusive jurisdiction of the courts of Poland. Each party irrevocably submits to such jurisdiction and waives any objection to the venue on the grounds of inconvenient forum or any similar doctrine. Nothing in this section prevents either party from seeking injunctive relief or any interim equitable relief in a competent court to prevent immediate and irreparable harm (for example, to protect intellectual property or confidential information) at any time.
  • Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations (except payment obligations) under this Agreement if such delay or failure is due to events beyond its reasonable control (“Force Majeure Events”). If a Force Majeure Event persists for more than thirty (30) consecutive days, either party may terminate this Agreement by giving written notice to the other, without liability, provided that any fees owed for Services performed prior to the Force Majeure termination date remain payable.
  • Relationship of Parties: The Provider is performing the Services as an independent contractor to the Client. Nothing in this Agreement is intended to, or shall be deemed to, create a partnership, joint venture, or employer-employee relationship between the parties. Neither party is an agent of the other, and neither has any authority to bind the other to any obligation or contract.
  • Assignment: Neither party may assign or transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of the other party, except as specified.
  • Entire Agreement & Amendments: This Agreement (including the Order Form and any appendices, schedules, or addenda incorporated by reference) constitutes the entire agreement between the parties. No amendment or modification of this Agreement shall be valid unless it is in writing and signed by authorized representatives of both parties.
  • Severability: If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision shall be modified or severed, and the remaining provisions shall continue in full force.
  • No Waiver: The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
  • Notices: Any official notices or communications required or permitted under this Agreement shall be in writing and delivered to the respective parties.
  • Headings and Interpretation: Section headings are for convenience only and shall not affect interpretation. Terms such as “including” are deemed to be followed by “without limitation.”
  • No Exclusivity: The Provider may provide services to the Client’s competitors.
  • Survival: Provisions that by their nature should survive termination will survive.

Signature

By signing the Order Form, each party confirms that it has read, understood and agrees to these online General Terms.

The Order Form may be executed in counterparts (including via electronic signature), each of which is an original and together constitute one instrument.