THE SHORT ANSWER
Six clauses cause most of the damage. A minimum term longer than three months with a long notice period. A definition of a lead that counts anything submitted, including duplicates and wrong numbers. Exclusivity described without a remedy for breach. Credits at the supplier's sole discretion. Automatic renewal with notice buried in the schedule. And silence on who owns the enquiry data and who is the controller under data protection law.
A lead agreement is a short document and that is exactly why it deserves twenty minutes. The dangerous terms are not hidden in dense legal drafting; they are hidden in ordinary sentences that sound administrative, and they are usually the four or five lines that decide whether you can leave. The twenty minutes is cheap; the fifteen-month commitment you did not notice is not.
None of what follows requires a solicitor. It requires reading the definitions section first, then the termination section, then everything else, which is the reverse of how most people read a contract and the order in which the money actually sits. Definitions decide what you are buying, termination decides what it will ultimately cost you, and everything in between is detail that only matters once those two are settled.
The numbers, at a glance
Reasonable commitment: one order at a time, or a rolling 30 days; anything beyond 90 days should buy you a materially better price
Common trap: a 12-month minimum with 90 days written notice, which in practice means 15 months
Definition risk: a lead defined as any submitted form makes duplicates and wrong numbers billable, typically 5 to 10 percent of volume
Credit language to refuse: credits at the supplier's sole and absolute discretion, which gives you 0 enforceable rights however generous it sounds
Start with the definitions, because everything else refers to them
The word lead should be defined by what you receive, not by what the homeowner did. A good definition names the fields that must be present, states that the contact details must be reachable, and excludes duplicates within a stated period. A bad definition says a lead means an enquiry submitted through the supplier's platform, which makes a form filled twice by the same person two billable events.
Look for the same precision on territory and trade. Within reasonable proximity is not a radius. Related services is not a trade list. If the definition cannot be tested against a specific enquiry by someone who was not in the negotiation, it will be resolved in the supplier's favour every time, because they are the ones holding the data.
Then the exit, before you read anything about delivery
Minimum term. Anything beyond a single order should be exchanged for something concrete: a lower price, a volume guarantee, a named territory. A long term with no corresponding concession is transferring risk to you for free.
Notice period. Ninety days on a monthly service is a quarter of unwanted volume. Thirty is normal, and same-order termination is entirely achievable with suppliers who sell in fixed packages.
Automatic renewal. Fine in principle, dangerous when the notice window is a narrow band before the anniversary. Diary the date on the day you sign, not later.
Termination for convenience. Check whether it is mutual. A supplier who can leave on seven days notice while you are locked for a year has written themselves an option at your expense.
The quality clauses that look protective and are not
Discretion is the tell. Credits may be granted at the supplier's discretion is not a remedy, it is a description of what would happen anyway. Replace it with named grounds, a stated window and an automatic outcome: if the lead meets any listed ground and is reported within seventy-two hours, a replacement is issued.
Watch also for rejection caps expressed as a percentage of spend rather than of volume, which quietly penalise you for reporting problems on cheaper leads. And watch for a clause requiring three documented contact attempts before a wrong number can be rejected, which is reasonable on its face and, at scale, a meaningful administrative tax.
Data, liability and the clauses nobody reads
Someone has to be the controller for the personal data in each enquiry, and the agreement should say who. If the supplier claims to be a processor acting on your behalf, ask how that is compatible with them having collected the data before you existed as their customer. In most lead sales the honest description is that both parties are controllers in sequence, and the contract should reflect that plus a warranty that the consent covers your contact.
Then check indemnities. If a homeowner complains about being contacted, who carries it? A supplier who will not warrant that their collection was lawful is asking you to underwrite their traffic sources, which is the single largest unpriced risk in this market.
Finally, check what happens to unused credit or prepaid volume on termination. Silence usually means forfeited, and forfeiture on a prepaid balance is worth negotiating before signature and impossible to negotiate afterwards.
Read the agreement in this order
Read the definitions of lead, territory and trade, and test each one against a real enquiry.
Read termination, notice and renewal next, and diary every date on signature day.
Replace every instance of discretion in the quality clauses with named grounds and automatic outcomes.
Confirm in writing who is data controller and get a lawful-collection warranty.
Establish what happens to prepaid or unused volume if you stop buying.
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Related answers
Frequently asked questions
Is a minimum term ever acceptable?
Yes, when it buys something. A three-month commitment in exchange for a lower per-lead price and a locked territory is a fair trade. A twelve-month commitment in exchange for nothing is simply the supplier reducing their own churn risk using your money.
Should I insist on a service level for delivery speed?
Insist on delivery within minutes of the enquiry rather than a daily batch, and get it written down. Batched delivery destroys contact rates, and a supplier who will not commit to real-time delivery is usually holding leads for other reasons.
What if the supplier will not change any wording?
Standard terms are normal for volume businesses, so expect resistance. Focus your effort on two clauses only: the definition of a lead and the notice period. A supplier who cannot amend two lines of a two-page order form is telling you in advance how the rest of the relationship will be run.
Do I need a lawyer for a small agreement?
Not usually for a monthly arrangement of a few thousand. Do involve one for anything with a term over six months, an exclusivity grant running both ways, or an indemnity you are giving rather than receiving. A workable rule is to take advice whenever total exposure over the term exceeds a month of payroll.
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