Adam Williams
Scottsdale,#2REBUTTAL Owner of company
Fri, September 16, 2011
Leadango is in the business of providing leads to call centers for various products and/or services. We were contracted by Steven Lippel on 12/20/2010 to provide him with 100 leads for consumers that are interested in subscribing to satellite TV services. We fulfilled that contractual agreement on 1/17/2011. In addition, we gave Mr. Lippel credit for additional leads to try and help him out. Mr. Lippel is upset because he did not close the amount of sales that he should have closed. Leadango cannot be
responsible for the amount of consumers that sign up and become customers of any certain product or service. This is clearly stated in our purchase agreement under Warranty.
Warranty: Company and its partners make no warranty, either expressed or implied, as to the
number of individuals who will respond to campaigns executed or actually become customers of Client as a result of the services provided for this campaign. In no event shall Company or its partners be liable for incidental or consequential damages, including lost revenues or profits, regardless of the theory of recovery such as negligence or breach of contract. Client shall hold Company and its partners harmless from and against all claims, liabilities, damages, and expenses (including attorneys fees and all costs of defense) suffered and incurred arising out of, or in any way related to, Clients use of Company & its partner's services. This agreement overrides and previous verbal or written agreement.
Mr. Lippel had asked on several occasions how many sales he could expect to close and I told him that he could expect to close between 25-50%. I also told him that there would be a learning curve on his end and that we were still improving the demographics of the radio ads. I told Mr. Lippel that his closing percentage should improve as we progress with the campaign. He agreed. I never intentionally tried to mislead Mr. Lippel and I am sorry that he feels that way. Its my position that we have fulfilled our obligation to Mr. Lippel.