Mortgage, Life Insurance & Annuity Leads...
Commencement Date - The date specified in the confirmatory email or letter issued by the Introducer.
Written Confirmation - The email or letter sent by the Introducer to the Adviser confirming the date of the commencement of this Agreement.
Client - The member of the public or party who wishes to be contacted and has initiated the production of the Lead.
Working Day - Monday to Friday excluding UK bank holidays.
Lead - The form, email, telephone, message or text message containing information about the Client, sent by the Introducer to Adviser, regarding the enquiry they have made to the Introducer..
Introducer – Premier Leads, or any of its associated companies or subsidiary companies, or any of its or their trading styles or websites.
Area - The geographic area or post code as indicated in the Application for Leads requested by the Adviser.
Adviser - The individual, company or partnership to which the Lead is dispatched, who provides whole of market independent advice.
Application - The Application form for Leads submitted by the Adviser containing the Area, types of Lead required, quantity and cost of each Lead.
Regulations - Means laws and regulations applicable to the parties to this Agreement or the products and services arising from Leads under this Agreement, including but not limited to:
- the Financial Services Act 1986;
- the Financial Services and Markets Act 2000;
- the Data Protection Act 1998;
- the regulations of the appropriate regulatory bodies to which the parties hereto belong.
This Agreement shall begin from the date specified in the Written Confirmation, and shall continue until terminated
3 Obligations of the Introducer
3.1 When acceptance of the Application has occurred, the Introducer will dispatch Written Confirmation and will start this Agreement which will continue until terminated in accordance with paragraph 6.
3.2 The Introducer will source Leads via a number of sources, including its websites.
3.3 The Introducer will endeavour to send any Lead to the Adviser by email, or such means agreed by Introducer in real time.
3.4 The Introducer will inform the Client of the name of the Adviser who will be contacting them.
3.5 The Introducer does not guarantee that the Lead will result in conversion to a sale.
3.6 A Lead will be classified as invalid in the following circumstances and in this event a credit will be raised against the Advisers account to reflect the original price paid for the Lead:
3.6.1 Hoax enquiry;
3.6.2 The enquiry is from a non UK national;
3.6.3 Duplicate enquiry (but not from an alternative source).;
3.7 A Lead will be classified as a duplicate Lead and forwarded to the original Adviser as an update without charge where it is from the same Client (as identified by the email address) and received within 10 days of the original Lead.
3.8 The Introducer reserves the right to send out service questionnaires to obtain feedback from Clients and the Adviser on service standards and quality and speed of service.
3.9 The Introducer is not obliged to supply the Adviser with any Leads.
3.10 Advisor has no right to return a lead on the sole basis that the enquirer is an existing client of the Adviser.
3.11 Where an invalid refund request is submitted by an Adviser the Introducer reserves the right to charge an excess administration fee equivalent to the original cost of the lead.
4.1 The Adviser will endeavour to telephone the Client immediately on receipt of the Lead to acknowledge receipt and to discuss the specific needs and requirements of the Client. In the event of being unable to speak to the Client the Adviser will email the Client acknowledging receipt of their enquiry, and provide their contact details, accepting that the Adviser will subsequently undertake efforts to contact the Client by telephone.
4.2 The Adviser will establish the personal and financial circumstances, needs and requirements of the Client, and the Adviser agrees and understands that the Introducer neither warrants, or guarantees the information supplied, nor the information or tables contained on its websites. The Adviser agrees that at all times, responsibility for checking all information provided, conducting research and the provision of advice to the Client rests with the Adviser.
4.3 The Adviser will be responsible for all dealings and communication with the Client once the Introducer has sent the Lead to the Adviser. The Adviser must disclose who they represent, their regulatory status, who regulates them, whose products they offer, which service they will provide and any further information required by the Regulations.
4.4 When servicing the Leads and Clients, the Adviser shall at all times operate in accordance with the Regulations. In addition the Adviser shall not act in any way that may have an adverse effect on the reputation of the Introducer or any other intermediary, lender or website with whom the Introducer has a relationship.
4.5 The Adviser shall at no time present themselves as an agent or representative of the Introducer that sourced the Lead, or any other lender or intermediary.
4.6 The Adviser shall pay the sum for each Lead sent as described in the Application or as published from time to time by the Introducer, irrespective of whether or not the Lead converts to business.
4.7 All Leads sent to the Adviser by the Introducer must only be dealt with by the Adviser or colleague within the Adviser company or partnership who are appropriately qualified as far as Regulations are concerned.
4.8 At no time will the Adviser sell or pass the Leads to another party without the prior written agreement of the Introducer.
4.9 The Adviser will cooperate with the Introducer at all times in relation to completion and return of service questionnaires or in the event of investigations relating to Client complaints.
4.10 The Adviser will notify the Introducer immediately in the event that any of its consents, licenses or authority under the Regulations to conduct business and to provide the advice and or products and services are withdrawn, revoked, removed or suspended, or if the Adviser ceases trading or changes its name.
4.11 In consideration of the provision of Leads the Adviser agrees to indemnify the Introducer, against all damages, claims, expenses and other costs incurred or as a result of the introduction of Leads or in connection with this Agreement whether during, or after termination of this Agreement.
4.12 Any invalid Lead is returned to firstname.lastname@example.org within 5 Working Days of receipt together with the reason for return. See refund policy.
5Termination and effects of Termination
6.1 Either party may terminate this Agreement by serving - 30 days notice in writing, or by emailing the notice to the other ("Notice of Termination"). For the avoidance of doubt the email address for this purpose at the Introducer is email@example.com
6.2 All terminations will be acknowledged and confirmed by the Introducer, in writing or by email.
6.3 In the event that the Adviser fails to make payment in accordance with this agreement for Leads the Adviser agrees it can be offset against any monies due from the Introducer to the Adviser.
6.4 For the avoidance of doubt upon the Adviser giving Notice of Termination, the Introducer may continue to provide the Adviser with Leads which the Adviser will pay for until the notice period has expired.
7.1 The Introducer will allow the Advisor to suspend receiving Leads for a holiday period of a maximum of 3 weeks at any one time, subject to the Introducer receiving 1 weeks notice of the suspension.
7.2 Paragraph 7.1 will not apply during any Notice of Termination, nor can the Advisor give Notice of Termination during any period of holidays in accordance with paragraph 7.1 of this Agreement.
7Events beyond our Control/Force Majeure
The obligations of either party under this Agreement shall be suspended during the period and to the extent that that party is prevented or hindered from complying with them by any cause beyond its reasonable control including (insofar as beyond such control but without prejudice to the generality of the forgoing expression) strikes, lock-outs, labour disputes, acts of God, war, riot, terrorist act, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, breakdown of the Introducer's websites, or the internet.
8Law and Jurisdiction
This Agreement and any dispute or claim arising in connection with it shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts to which the parties irrevocably submit.
Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture or relationship of employer and employee or principal and agent between the parties to this Agreement.
10Assignment and Sub-contracting
The Adviser shall not assign, delegate, sub-contract, transfer or otherwise dispose of any of its rights or responsibilities under this Agreement without the prior written consent of the Introducer.
The Introducer shall be permitted to assign, delegate, sub-contract, transfer or otherwise dispose of any of its rights or responsibilities under this Agreement without the prior written consent of the Adviser.
During the period of this Agreement and after its termination, the parties agree to take all proper steps to keep confidential all confidential information obtained by one party or disclosed by one party to another under or as a result of this Agreement, and not to divulge such information to any third party. No liability will attach in relation to confidential information, which, through no fault of that party, enters the public domain.
12Intellectual Property Rights
13.1 The Adviser acknowledges that the rights to the Intellectual Property used on the websites of the Introducer and the goodwill connected with that are at all times the Introducer's property.
13.2 The Adviser will not use, alter, remove, tamper or authorise others to use any trade mark or trade names, logos or get-up which resemble the Introducer's trade marks or trade names or get-up and which would therefore be likely to confuse or to mislead the public or any section of the public, mortgage institution, bank, insurer or other financial institution.
The failure of a party to exercise or enforce any right under this Agreement shall not be deemed to be a waiver or enforce any right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
14Freedom to Contract
Each of the parties warrants that it has and will have throughout the duration of this agreement the right, power and authority and has taken all action necessary to execute and deliver, and to exercise its rights and perform its obligations under this Agreement
15 Refund Policy
Whilst we make every effort to maintain the quality of our leads, the very nature of the internet means that some leads we generate will be invalid.
Obviously we only expect you to pay for leads that are genuine and we will refund leads that are returned to us in accordance with the criteria specified in Section 3 of the Agreement, a partial extract of which is repeated below;
- Invalid or incorrect data;
- The enquiry is from a non UK national;
- Duplicates sent within 10 days
We would anticipate the adviser undertaking enquires via BT or equivalent/similar directory sources to identify telephone numbers and address.
We are often asked to provide illustrations for clarification purposes of the circumstances in which we would be prepared to agree a refund, several examples are stated below
3.1 We will issue a refund
3.1.1 When the name of the client is clearly fictitious for instance only one alphabetic letter character input or names such as Mickey Mouse etc
3.1.2 if the lead is a duplicate within 10 days of the original lead from the same client
3.1.3 if the client has not provided any phone number
-obtainable as evidenced by the ring tone
3.1.4 if the lead is from a client who is clearly not a UK national based on the details of the address specified
3.1.5 on the basis that the lead falls into one of the categories above and the lead is returned by the adviser within 5 working days of receipt of the lead by the adviser.
3.2 A lead will not be classified as invalid if
3.2.1 the lead does not convert to business and no sale is able to be made
3.2.2 the client will not agree to an appointment
3.2.3 the client is not prepared to see or talk to the adviser
3.2.4 has already purchased a product from another source
3.2.5 if the land line telephone does not respond and just rings without any evidence it is the wrong number
3.2.6 if the mobile number does not respond and merely rings without being answered
3.2.7 in the unlikely event the lead is from an existing client of the adviser
3.2.8 the case size potential is not particularly profitable for the adviser
3.2.9 the lead is returned outside the 5 working day time frame specified above
3.2.10 if leads have been supplied and the adviser has gone on holiday, not requested suspension of the lead service and not given 1 weeks notice
3.2.11 if you fail to notify us of any change of email address or telephone contact number(s) and we have sent the lead to your former email address or contact numbers on our records
3.2.12 the client has changed their mind and no longer wish to pursue the enquiry
3.2.13 on mortgage enquiries it is established an early repayment charge/redemption penalty applies whereby it is not beneficial or suitable for the client to consider alternative
3.2.14 the clients circumstances, be they personal family, financial or health makes a sale unlikely or impossible.