Searcher Terms & Conditions
Agreement Addendum between User and Business Partnering International, Ltd. (BPI) dba agencyfinder.eu
This Web site is offered to the User (client, consultant) conditioned upon acceptance by the User without modification of the terms and conditions contained herein. This Agreement Addendum supplements the General Agreement. Use of the services, contents and/or products presented in any and all areas of this site constitutes the User's agreement to abide by the following terms and conditions.
BPI provides its “no-fee” AgencyFinder search service to registered corporate, not-for-profit and government advertisers and public relations clients, and to registered selector consultants hired by them subject to these terms and conditions.
By registering, you confirm that the information you supply is complete and accurate; that you are involved in preliminary research or an actual search for a new, additional or replacement advertising, public relations, direct marketing, new and interactive media, media buying, sales promotion or similar capabilities firm; that you, by your actions and/or title are authorized to conduct this search on behalf of your company; that your company is currently capable of funding the assignment at the budget level you indicate; that it is your intention to award your business to an agency identified through this process; that your award will be consistent with the aforementioned budget; and that this search is not being conducted under false pretenses.
During the active course of your search, your search as well as your corporate and personal identity is held in strict confidence. Nothing is revealed to anyone other than to BPI management and staff and the agencies we contact at your direction.
During the active course of your search, our Certified Agencies do not learn the names of companies and/or individuals conducting searches except in those cases when a specific inquiry is extended to a specific agency at your request.
During the active course of your search, at your option and for release when we invite your selected agencies, we can help prepare a press release for distribution to our media contacts with the marketing press and business pages of national broadsheets. If and when you or your selected agency announce to the press, please make the following mention of us: Agency selection, invitation and process assistance provided by BPI’s AgencyFinder. At the conclusion of your active search and award of your business, we may do so as well.
Agency Identity & Invitations
As soon as possible following the conclusion of your online registration, we telephone you to discuss our process, the CONFIDENTIALITY of our service, and the agencies you may have already selected. If you need to expedite your search, you may call us +44 (0) 20 8516 2255 or fax us at +44 (0) 20 8516 2250.
We will furnish you access to complete individual agency attribute reports on our website. You will use this material to create your short list for invitational purposes. Until we speak with you by phone, agencies are NEVER notified or invited to respond. That single call or multiple calls are to confirm your search, learn more about your requirements and, if appropriate, assist in making positive adjustments in your search criteria. Our BPI consultants provide on-going process and candidate counsel. BPI then prepares an RFI (Request for Information) and all the paperwork to issue agency invitations and initiates the first contact with agencies on your behalf. Agencies are asked to respond directly to you; they do not communicate through BPI.
Only BPI is authorized to extend an invitation. You must not contact agencies directly until after we have invited them. Agencies need time to study your opportunity, explore potential conflicts, conduct preliminary research and then place their call to you.
Certified Agency Confidentiality
Certified Agencies agree to hold each invitation they receive and the details of that invitation confidential; they understand that revealing information about a search to any outside party may cause them to be immediately excluded by you from further consideration and may lead to their removal from our database.
The AgencyFinder process is successful because agencies are considered and invited only when they meet all your selection criteria.
That's why all agencies participating in your search and review process (except those exempt) must be invited by BPI. If you wish to include an agency that does not select during your on-line search process or an agency not yet in the BPI database, you agree to identify such agencies by name, city and principle contact name, and BPI will contact, request and enter their data and present it for your evaluation, consideration and subsequent invitation by BPI.
You may exclude (exempt) agencies from this exclusivity condition only if you identify them in writing to BPI at the beginning of your search, and only if you have already established some form of invitational dialogue relative to this specific search.
As a result of cost reductions and time saved by the AgencyFinder process, BPI clients have frequently conducted and concluded rigorous agency searches and reviews in 60 days or less once the agency invitations have been issued. If you anticipate a delay that would extend your search decision and notification beyond 60-days of invitation, please let us know so we can arrange for a written extension.
You are responsible for keeping BPI posted on your search status. That serves to ensure that all participating agencies are fee-paid with BPI. You are furnished with a candidate agency list with provision for simplified reporting via fax or e-mail. That communication also ensures that all invited agencies contact you to learn more about your opportunity, or advise us promptly so we can advise you when they must decline for reasons of conflict or workload. You must respond in writing to BPI update requests within 3 days of that request.
No-Fee Conditions & Surcharges
Client or selector consultant searches conducted in accordance with all BPI terms & conditions are provided on a no-fee basis subject to the following exceptions:
A. Clients and consultants shall conclude their reviews and notify BPI of the chosen agency within 60 calendar days from the date of initial agency invitations. Unless an extension has been granted by BPI in writing, you are subject to a search surcharge of £3,000. An invoice will be rendered and payment is due upon receipt.
B. BPI is granted exclusivity (see Exclusivity above) as a condition for providing no-fee search and consulting service. If you invite and/or conclude an AgencyFinder initiated search by awarding business to an agency not registered with and/or invited by BPI, you are subject to a search surcharge of £3,000. An invoice will be rendered and payment is due upon receipt.
C. Under Agency Identity & Invitations, it is stipulated that "Only BPI is authorized to extend an invitation. You must not contact agencies directly until after we have invited them. Agencies need time to study your opportunity, explore potential conflicts, conduct preliminary research and then place their call." To contact them prior to invitation is detrimental to the process, to your search and is only confusing to the agencies in its brevity or incompleteness. If you contact any of the identified agencies prior to invitation by AgencyFinder, you are subject to a surcharge of £6,000 and the search may be cancelled. An invoice will be rendered and payment is due upon receipt.
D. BPI may terminate your search process for cause prior to agency introductions. In that case, if any BPI-identified agency is hired and compensated by you within 12 months of the date of your registration, you are subject to a surcharge of £6,000. An invoice will be rendered and payment is due upon receipt.
E. If you make any material misrepresentation to BPI or to invited agencies at any time during the process, you shall be subject to a surcharge of £3,000. An invoice will be rendered and payment is due upon receipt.
At any time after agency invitations have been sent, if you violate any of these terms & conditions; if we receive and confirm agency reports that you are non-responsive to their calls, their attempts to schedule and hold their "due diligence" telephone interviews or any subsequent commitments you have made to contending agencies; or if you engage in unprofessional, unethical or illegal activities, we have the unilateral right to immediately terminate the process and to advise the agencies accordingly.
We make every effort to see that each client finds and hires a great new marketing partner. The success of our process has been based on each client's selection of agency candidates with attributes and characteristics identified by the client as they outline and conduct their initial and subsequent search revisions. Since we encourage a complete and free flow of communication and information between the client and the candidates, we elect not to comment or assist in making recommendations. We are available however for telephone consultation, and we are also available (subject to schedules) to be present at your agency final presentations. We can not accept any fee payment for those services; only out-of-pocket travel and lodging expenses are applicable.
If you are not successful identifying an acceptable marketing partner at the conclusion of a full and complete review, we will again help you identify a second group of qualified candidates, and will manage a second set of invitations. There is no charge for this, and at our option, the search duration may be extended an additional 60 days.
During the active portion of an agency search, only BPI management and staff and the invited agencies shall learn the identity of the client or details of the search itself. However, with your permission, if the magnitude of the project dictates or if there has been an unavoidable leak, it may be appropriate to make a public announcement or to respond to inquiries from the press. At the conclusion of an agency search, whether it results in the award of business or not, BPI may elect to post the non-confidential details of that search (Client name, consultant name, location, logo, business category, budget range, agency finalists, awarded agency and location) on the AgencyFinder website; in the agency Flash Report newsletter; the Client Search News newsletter; industry trade publications; or within the framework of an industry association presentation.
Registered clients and consultants appear in the periodically updated Client List. Those companies are introduced this way: "We’re honored that clients and consultants throughout the world complete the registration process to search @ AgencyFinder. Nationwide or worldwide, large or small, these are long-established or newly emerging brands looking either for first-time, replacement or additional advertising and public relations category marketing partners. This partial listing of more than XXX registered companies is both broad and deep - enjoy." The section stipulates "Due to BPI’s CONFIDENTIALITY regulations, other than name and location shown below, no additional information is available." These posting are not editable.
Governing Law, Forum Selection & Waiver of Jurisdiction
This Agreement Addendum shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Virginia, without regard to the conflicts of law provisions thereof. User hereby consents to the jurisdiction and venue of the federal and state courts in the Commonwealth of Virginia located in Henrico County or the City of Richmond and further agrees that said courts shall have exclusive jurisdiction for the resolution of all disputes hereunder. User hereby waives any objection to venue or personal jurisdiction.
This Agreement Addendum shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement Addendum, the terms of this Agreement Addendum shall control.
If you fail to perform any or all of your obligations under this Agreement Addendum, then you agree to pay all of BPI's costs, including attorney’s fees (not to exceed 30%), the fees of collection agencies, and other expenses incurred by BPI in enforcing any of the terms of this Agreement Addendum. If you fail to pay any obligation within 30 days from the date that it is due, then you agree to pay 24% interest on the amount due at the rate of 2% per month.
If any provision is deemed to be unlawful or non-enforceable, that shall not affect the validity and enforceability of the remaining provisions. Any rights not expressly granted herein are reserved.