TERMS & CONDITIONS
Defined Terms -
‘‘Working Day’’: shall mean a day (other than a Saturday, Sunday or public holiday or the office shut-down period i.e between Boxing Day and New Year’s Day) when banks in London are open for business.
‘’Customer Introduction’’: shall mean specifically predefined information provided by the Supplier concerning any potential customer, including their name, address, account status and otherwise that could be used to identify the customer and is private and not generally available to the public, however stored or collected and has opted to have such personal data disclosed.
‘’Services’’: shall mean those services to be provided by the supplier as further described in their agreement with the client.
1. Provision of Services
1. Supplier shall provide the services to client on these terms and conditions.
2. The services will be supplied by supplier on an on-going monthly basis until either party serves notice (notice periods set out in Terms and Conditions sections 6 & 7)
3.Supplier shall deliver the Services set out in this Agreement with reasonable care and skill in accordance with:
- The laws and regulations applicable to the Services, including all laws and regulations related to data protection, anti-bribery and corruption; and supplier maintains and enforces its own internal policies to ensure compliance in all areas.
2. Client and Mutual Obligations
No amendment shall be made to the service delivery terms unless agreed in writing by both Parties in accordance with the Change Control Clause below (clause 6)
The Client and Supplier Shall
1. Cooperate with each other in all matters relating to the Services:
2. Provide, in a timely manner, any information as each Party may reasonably request from the client in order to fulfil its obligations to supply a good service. The information must be accurate and up to date.
3. Obtain and maintain all necessary licences, consents and comply with all relevant legislation in relation to Data Protection and Financial Services before the date of the start of Services.
Mutual Obligations
1. In the event that either party is exposed to information or knowledge which could adversely affect the business relationship between the two Parties, this information should be shared with the client or supplier as soon as is reasonably possible in an effort to mitigate damage.
2. Each party will only use Confidential Information to perform its obligations under the Agreement and will not cause or allow the information to be disclosed except where required by law, court order or any governmental or regulatory. Other exceptions include to any of its employees, officers, sub-contractors, representatives or advisers who need to know the information in order to discharge its obligations under the Agreement and agree only to use the information for that purpose and not to allow further disclosure of that information or data.
3. Neither party shall be liable for the failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.
3. Defective Services
Supplier shall promptly notify the client, of:
1. Any delays/problems or circumstances from time to time which may prevent supplier from providing the Services set out in this Agreement.
2. Any complaint (whether written or verbal) or other matter which comes to its attention which it reasonably believes may give rise to any loss or claim against you the client or which may result in adverse publicity for your organisation.
4. Client shall notify Supplier of:
Any defects in supplier’s performance of the supplied services as soon as reasonably practicable, after any such defect comes to your attention. Supplier will then endeavour to remedy any such defect in performance as soon as is reasonably practicable.
5. Use of Customer Introductions
1) The client’s right to use the introductions shall terminate forthwith if the client:
a) commits or permits any material breach of its obligations under this Agreement;
b) enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with his creditors;
c) is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
d) convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the client, notice of intention to appoint an administrator is given by the client or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the client or for the granting of an administration order in respect of the client, or any proceedings are commenced relating to the insolvency or possible insolvency of the client.
2) If any of the events set out in the above clause [5.1.a-d] occurs, the supplier may sell the Customer Introductions to other clients or reuse them however it deems best.
6. Change Control
1. Either Party may at any time during the term of this Agreement request an increase or decrease in the volume of Customer Introductions supplied. Client may also request the addition of new services (for example hotkey introductions) by submitting a Change Request by email adhering to the following timescales:
a) For a decrease in volume one (1) Working Days’ notice must be provided by email by either Party. For a significant decrease in volume (20% decrease or more in volume per Working Day) five (5) Working Days’ notice must be provided to supplier/client in order for the void to be filled.
b) For an increase in volume, one (1) Working Day’s notice must be given. Supplier will, however endeavour to meet the request within that Working Day. For additions of new Services, one (1) Working Days’ notice must be provided to allow supplier to prepare to deliver the service.
2. Where supplier must decrease the volume of Customer Introductions it is supplying to the client, one (1) Working Day’s notice will be provided in writing (by email) to notify of this volume change.
3. Supplier shall reserve the right to make changes to the Services which are necessary to comply with any applicable Law, provided that the client is given reasonable notice of such changes and that such changes do not materially affect the nature/scope of the Services or the Service Charges.
7. Termination of Agreement
In order to terminate the Agreement, either Party must provide in writing five (5) Working Days’ notice to end the supply of Services at the end of that given month.
8. Data Protection and GDPR
Each party shall fully comply with obligations set out by the Data Protection and GDPR (Data Laws), and may exercise its respective rights and remedies where seen fit. Each Party may request sight of any related policies or procedures prior to the commencement of this Agreement.
9. Non Circumvention
Under this Agreement the supplier provides Customer Introductions that may be sourced from suppliers or third parties with which it has contractual arrangements (the "Contacts"). Provided that, there is no pre-existing relationship with any such Contacts as of the Effective Date, client agrees that it will not whilst the Agreement exists and for a period of twelve (12) months following its termination, enter into direct negotiations or transactions with such Contacts without the prior written approval of supplier.
‘‘Working Day’’: shall mean a day (other than a Saturday, Sunday or public holiday or the office shut-down period i.e between Boxing Day and New Year’s Day) when banks in London are open for business.
‘’Customer Introduction’’: shall mean specifically predefined information provided by the Supplier concerning any potential customer, including their name, address, account status and otherwise that could be used to identify the customer and is private and not generally available to the public, however stored or collected and has opted to have such personal data disclosed.
‘’Services’’: shall mean those services to be provided by the supplier as further described in their agreement with the client.
Customer Specification | |
---|---|
Customer Application Type | Single & Joint |
Insurance Type | Term Assurance, Term Assurance with Critical Illness & Whole of Life Assurance |
Smoker Status | Smoker & Non Smoker |
Age Range | 18-69 |
Value of Cover | £30,000 to £1 million + |
Term of Policy | 5-72 years |
Geographic Location | United Kingdom |
Telephone Number Validated? | Yes |
Can Advice be offered to the Customer? | Yes |
1. Provision of Services
1. Supplier shall provide the services to client on these terms and conditions.
2. The services will be supplied by supplier on an on-going monthly basis until either party serves notice (notice periods set out in Terms and Conditions sections 6 & 7)
3.Supplier shall deliver the Services set out in this Agreement with reasonable care and skill in accordance with:
- The laws and regulations applicable to the Services, including all laws and regulations related to data protection, anti-bribery and corruption; and supplier maintains and enforces its own internal policies to ensure compliance in all areas.
2. Client and Mutual Obligations
No amendment shall be made to the service delivery terms unless agreed in writing by both Parties in accordance with the Change Control Clause below (clause 6)
The Client and Supplier Shall
1. Cooperate with each other in all matters relating to the Services:
2. Provide, in a timely manner, any information as each Party may reasonably request from the client in order to fulfil its obligations to supply a good service. The information must be accurate and up to date.
3. Obtain and maintain all necessary licences, consents and comply with all relevant legislation in relation to Data Protection and Financial Services before the date of the start of Services.
Mutual Obligations
1. In the event that either party is exposed to information or knowledge which could adversely affect the business relationship between the two Parties, this information should be shared with the client or supplier as soon as is reasonably possible in an effort to mitigate damage.
2. Each party will only use Confidential Information to perform its obligations under the Agreement and will not cause or allow the information to be disclosed except where required by law, court order or any governmental or regulatory. Other exceptions include to any of its employees, officers, sub-contractors, representatives or advisers who need to know the information in order to discharge its obligations under the Agreement and agree only to use the information for that purpose and not to allow further disclosure of that information or data.
3. Neither party shall be liable for the failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.
3. Defective Services
Supplier shall promptly notify the client, of:
1. Any delays/problems or circumstances from time to time which may prevent supplier from providing the Services set out in this Agreement.
2. Any complaint (whether written or verbal) or other matter which comes to its attention which it reasonably believes may give rise to any loss or claim against you the client or which may result in adverse publicity for your organisation.
4. Client shall notify Supplier of:
Any defects in supplier’s performance of the supplied services as soon as reasonably practicable, after any such defect comes to your attention. Supplier will then endeavour to remedy any such defect in performance as soon as is reasonably practicable.
5. Use of Customer Introductions
1) The client’s right to use the introductions shall terminate forthwith if the client:
a) commits or permits any material breach of its obligations under this Agreement;
b) enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with his creditors;
c) is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
d) convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the client, notice of intention to appoint an administrator is given by the client or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the client or for the granting of an administration order in respect of the client, or any proceedings are commenced relating to the insolvency or possible insolvency of the client.
2) If any of the events set out in the above clause [5.1.a-d] occurs, the supplier may sell the Customer Introductions to other clients or reuse them however it deems best.
6. Change Control
1. Either Party may at any time during the term of this Agreement request an increase or decrease in the volume of Customer Introductions supplied. Client may also request the addition of new services (for example hotkey introductions) by submitting a Change Request by email adhering to the following timescales:
a) For a decrease in volume one (1) Working Days’ notice must be provided by email by either Party. For a significant decrease in volume (20% decrease or more in volume per Working Day) five (5) Working Days’ notice must be provided to supplier/client in order for the void to be filled.
b) For an increase in volume, one (1) Working Day’s notice must be given. Supplier will, however endeavour to meet the request within that Working Day. For additions of new Services, one (1) Working Days’ notice must be provided to allow supplier to prepare to deliver the service.
2. Where supplier must decrease the volume of Customer Introductions it is supplying to the client, one (1) Working Day’s notice will be provided in writing (by email) to notify of this volume change.
3. Supplier shall reserve the right to make changes to the Services which are necessary to comply with any applicable Law, provided that the client is given reasonable notice of such changes and that such changes do not materially affect the nature/scope of the Services or the Service Charges.
7. Termination of Agreement
In order to terminate the Agreement, either Party must provide in writing five (5) Working Days’ notice to end the supply of Services at the end of that given month.
8. Data Protection and GDPR
Each party shall fully comply with obligations set out by the Data Protection and GDPR (Data Laws), and may exercise its respective rights and remedies where seen fit. Each Party may request sight of any related policies or procedures prior to the commencement of this Agreement.
9. Non Circumvention
Under this Agreement the supplier provides Customer Introductions that may be sourced from suppliers or third parties with which it has contractual arrangements (the "Contacts"). Provided that, there is no pre-existing relationship with any such Contacts as of the Effective Date, client agrees that it will not whilst the Agreement exists and for a period of twelve (12) months following its termination, enter into direct negotiations or transactions with such Contacts without the prior written approval of supplier.