These Terms & Conditions apply to business customers of Benson Revenue. Benson Revenue does not offer its project services to consumers.
1. Provider and scope
These Terms & Conditions govern project-based services provided by Jérôme Alexander Bensinger, trading as Benson Revenue, Eosanderstraße 28, 10587 Berlin, Germany. They apply only where the client acts in the course of a trade, business or profession.
A client-specific proposal, order form or other written project agreement may contain additional or different terms. Individual agreements and the client-specific proposal take precedence over these general terms.
2. Services
Benson Revenue plans and executes lead reactivation projects for businesses, with a focus on premium automotive detailing. Depending on the agreed project, the work may include reviewing historical lead and CRM data, selecting suitable contacts, preparing and sending email follow-up through agreed channels, handling or categorising replies within the agreed scope and directing interested contacts toward the client's booking process.
The exact services, campaign period, target, channels, deliverables and any exclusions are defined in the applicable proposal. Benson Revenue only owes services expressly included in that proposal.
3. Contract formation
A contract is formed when the client accepts a proposal or order form, signs or otherwise expressly accepts the project terms, or pays an invoice that clearly refers to the proposal and these Terms & Conditions.
4. Fees and payment
Unless the proposal states otherwise, 100% of the agreed project fee is due before the project starts. Payments may be made by bank transfer or through Stripe-supported payment methods. Prices are exclusive of applicable taxes unless stated otherwise.
Benson Revenue may postpone the project start until cleared payment and the information or access required from the client have been received.
5. Performance guarantee
A performance guarantee exists only if the proposal expressly states a Guaranteed Booking Target. The number of guaranteed bookings and the campaign period are agreed individually with each client.
For this guarantee, a Booked Appointment means one unique lead or contact from the client's provided lead base who, as a result of the agreed reactivation campaign, creates a confirmed appointment in the client's designated booking calendar during the agreed campaign period. A later cancellation, no-show, failure to purchase or failure to close the lead does not remove that booking from the count because those outcomes are outside Benson Revenue's control. A reschedule by the same contact does not create an additional booking.
If the Guaranteed Booking Target is not reached by the end of the agreed campaign period, Benson Revenue will refund 100% of the project fee, provided the client has materially complied with its obligations under the proposal and these Terms. The guarantee does not apply to the extent the shortfall is caused by the client's failure to provide usable data, agreed access, sufficient calendar availability, required approvals, lawful contact permissions or other cooperation reasonably required to run the campaign.
Any additional qualification criteria for a Booked Appointment must be stated in the proposal. If no additional criteria are stated, the definition above applies.
6. Client responsibilities
The client must provide accurate information, timely access to the relevant CRM or lead data and a booking calendar with reasonable availability for the campaign. The client remains responsible for its own pricing, service delivery, sales conversations and closing process after an appointment is booked.
The client represents that it has the right and lawful basis to provide the lead data to Benson Revenue and to instruct the agreed outreach. The client must provide any suppression lists, opt-outs or restrictions that Benson Revenue needs to respect. The client must not provide special-category or similarly sensitive personal data unless Benson Revenue has expressly agreed in writing that such processing is necessary and lawful.
7. Changes, delays and project timing
Material changes to the offer, lead source, campaign scope, booking process or required access after the project starts may require an updated timeline or additional fee. Benson Revenue will communicate any material effect before carrying out work outside the agreed scope.
Dates are binding only if the proposal expressly identifies them as binding. Delays caused by missing client information, access or approvals extend the relevant project timeline accordingly.
8. Cancellation and refunds
Because projects are prepared and performed specifically for the client, there is no ordinary right to cancel for convenience after the project has started unless the proposal says otherwise. Statutory termination rights for cause remain unaffected.
Project fees are generally non-refundable after project start except where Benson Revenue materially fails to provide the agreed service and does not cure that failure within a reasonable period, or where the express Performance Guarantee in Section 5 requires a refund.
9. Intellectual property and client materials
The client retains ownership of its data, brand assets, CRM content and other materials it provides. Benson Revenue retains ownership of its pre-existing methods, templates, know-how, processes and reusable materials. Upon full payment, the client may use project-specific campaign materials created for it for its internal business purposes unless the proposal states otherwise.
10. Confidentiality
Each party must keep confidential non-public commercial, technical and customer information received from the other party and may use it only as needed to perform the contract. This obligation does not apply to information that is public without breach, was already lawfully known, is received lawfully from a third party or must be disclosed by law.
11. Data protection
Where Benson Revenue processes personal data on behalf of the client, the Data Protection Addendum published by Benson Revenue applies if it is incorporated by reference in the proposal or otherwise agreed between the parties. The client remains the controller for its lead and customer data unless the parties expressly agree otherwise.
12. Liability
Benson Revenue is liable without limitation for intent and gross negligence, for injury to life, body or health, for liability under mandatory product liability law and in other cases where liability cannot legally be limited.
For simple negligence, Benson Revenue is liable only for breach of a material contractual obligation whose performance is essential to proper performance of the contract and on whose performance the client may regularly rely. In that case, liability is limited to the foreseeable damage typical for this type of contract. Further liability for simple negligence is excluded to the extent legally permitted.
The express refund remedy under a Guaranteed Booking Target is not intended to exclude any mandatory statutory rights.
13. Third-party services
The project may rely on third-party tools selected or approved for the project, such as Google Workspace or the client's CRM and booking systems. Benson Revenue is not responsible for outages, policy changes or failures of third-party services that are outside its reasonable control, but will use reasonable efforts to reduce avoidable disruption.
14. Governing law and jurisdiction
German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. If the client is a merchant, legal entity under public law, special fund under public law, or otherwise may validly agree to an exclusive venue under applicable law, Berlin, Germany is the agreed place of jurisdiction. Mandatory jurisdiction rules remain unaffected.
15. Final provisions
If a provision of these Terms is invalid or unenforceable, the remaining provisions remain effective. The statutory rule applies in place of an ineffective standard term. Amendments and additions should be documented in text form, while individually negotiated agreements remain unaffected.