Mortgage and Life Insurance - Terms and Conditions
The terms and conditions set out herein apply to any agreement between Mortgage Angels (MA) and you pursuant to which Mortgage Angels will refer leads, generated by our web sites, in consideration for which you shall pay to Mortgage Angels the payments specified in paragraph 4.3 of the Terms and
Conditions.
1. DEFINITIONS
- 'The Commencement Date' - the date specified in the Confirmation email
- 'Confirmation email' - The email that is sent by MA to You confirming the date of the commencement of this Agreement
- 'Enquirer' - The person or persons who wish to be contacted by you
- 'Lead' - The form containing the details of the Enquirer
- 'MA' - Starz Co UK Limited trading as Mortgage Angels or any of its Associated Companies
- 'Territory' - The geographic sub-division of England, Wales, Scotland and Northern Ireland
- 'You' or 'Your' - the person, partnership or company to whom the Lead is sent
2. COMMENCEMENT
The agreement shall commence on the date specified in the Confirmation email and shall continue until terminated in accordance with paragraph 5 below.
3. OBLIGATIONS OF ["MA"]
3.1 MA reserves the right not to enter into an agreement with You, without explanation.
3.2 On acceptance MA will send out a Confirmation email that will start this agreement. The agreement will continue until terminated in accordance with paragraph 5 of these terms and conditions.
3.3 MA will source leads through all of its web sites and associated web sites.
3.4 MA will email the Lead swiftly to You without delay.
3.5 MA cannot guarantee that the Lead will be converted into business. MA will not refund any lead that falls outside of MA's refund policy - Refund policy available at www.mortgageangels.co.uk/about_leads. Voice Qualified Leads are non refundable.
3.6 MA may send out questionnaires to you and/or the Enquirer with regards the lead mechanism to obtain feedback.
3.7 MA is not obliged to supply You with any Leads.
4. YOUR OBLIGATIONS
4.1 The leads will be delivered by email to You 24-hours a day. You will endeavour to telephone the enquirer within 3 hours of receipt of the Lead to acknowledge the application and discuss the Enquirer's requirements.
4.2 You will be responsible for all dealings with the Enquirer once MA has referred the Lead to you. You should make it clear to the Enquirer that you are acting as an independent adviser and shall at no time present yourself as an agent of MA, or the web site that sourced the lead, any other lender or any other agent or group company.
4.3 You shall pay the sum, as described in MA's current price list (available on request), demanded for each Lead whether or not the Lead is converted into business or not.
4.4 Payment for leads can be made by two methods:
4.41 Direct Debit - MA shall deduct the fee by direct debit from your nominated bank. It is your responsibility to inform MA of any changes, renewals or updates to your bank details. All invoices will be issued in arrears on the 1st of each calendar month. Payments made by direct debit will be collected on or after the 3rd of the same month.
4.42 Credit Card - Payment for adhoc or upfront purchases of leads. You can elect to register your Credit Card details once for repeat transactions. After successful collection of payment, our online credit card system provider allocates a unique 'transaction reference', which we send through to our payment service provider on every repeat card transaction - the whole process is encrypted, so there is no storing of any card details in our database. It is your responsibility to inform MA of any changes, renewals or updates to the nominated card provided. An invoice will be issued on each lead provided.
4.5 Pricing for the leads will be reviewed on a regular basis. You will be notified of any change to the fee by email subject to at least 10 days notice. Any commission split is waived if payment for the lead is made in advance of that commission becoming due. Each lead, sent to you by MA, must only be serviced by yourself or representative of your company or the company you work for. You must not onsell leads without the prior knowledge and agreement of MA.
4.6 You must co-operate with MA with regards to feedback and must return any questionnaires sent out by MA within 7 days of receipt.
4.7 In performing your obligations under this agreement, in connection with MA, You shall act in good faith, exercise all the due skill, care and diligence that would be expected of a professional independent adviser. You shall ensure that Your conduct of business in connection with MA and the scheme shall comply with all applicable rules and requirements. You shall not act in a way that could have an adverse effect on the reputation of MA, or the web site from where the Lead was sourced or any other company. All lead purchasers must be FCA registered. A valid FCA number is required and will be verified to the FCA register.
4.8 You must immediately notify MA of any revocation or alteration to any licenses, memberships, authorizations which may affect your ability to perform your obligations under this Agreement.
4.9 In consideration of the introduction of leads, You agree to indemnify MA, and all associated companies of MA against all damages. claims, expenses and other costs incurred or as a result of the introduction of enquirers to you whether during or after the termination of this agreement.
4.10 It is the intention of the parties that the indemnity will continue to exist during any relevant limitation period not withstanding the termination of this agreement for any reason.
5. TERMINATION
5.1 Where a minimum monthly purchase applies, at the expiration of the minimum contract period of 3 months and subject to a minimum purchase of 10 leads per month, either party may terminate this agreement by giving 1 month's notice, at the end of the second month in writing, or by emailing such notice to the other. Any termination emails to MA must be sent to advisers@mortgageangels.co.uk.
5.2 All Terminations will be acknowledged and confirmed by MA by email. You may be required to produce this confirmation email in order to validate any refund requests submitted after termination, MA reserve the right to refuse refunds outside of its refund policy without a valid termination confirmation email.
6. EFFECT OF TERMINATION
6.1 In the event that You fail to make payments for Leads in accordance with this agreement but are owed at the same time monies by MA, or any of it's associated companies, then You irrevocably consent to MA setting off those monies owed against those sums owed by them to You.
6.2 Upon giving notice to terminate your agreement with MA, in accordance with section 5 above, MA may continue to provide you with leads, which you will pay for until the minimum purchase has expired.
7. DISCLAIMER
MA gives no warranties, express or implied, in respect of any information contained on its web sites and you agree to accept that the information is to MA's reasonable standards and does not obviate the necessity of you checking all the information provided in giving advice to the enquirer.
8. EVENTS BEYOND OUR CONTROL
MA shall not be liable to You for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our web site resulting from any event or circumstances beyond our reasonable control including, without limitation, breakdown of systems or network access, fire,
explosion or accident.
9. GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any dispute between us.
10. UNENFORCEABILITY
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
11. EXCLUSION OF THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.
12. LEAD REFUND POLICY (Excluding Voice Qualified Leads)
We would be delighted to provide a replacement lead:
- If the lead would have been prevented from going through the system on submission had it been manually checked, i.e. lead name: dghdshd or Donald Duck.
- If the lead has been duplicated through the system. This is subject to a 5-day maximum duplication limit. If you receive more than one enquiry from the same customer within 5 calendar days this may be submitted for assessment as a duplicate lead. However if a customer does make a further enquiry after the 5-day period this is considered to be a second enquiry and not refundable i.e. the advisor has not contacted the customer in good time or the customer is not happy with the advice given.
- Where it can be proven the lead is a non-UK national or non-UK resident.
- If we can confirm the contact information does not relate to the customer name provided.
- A replacement lead will not be given:
- If the lead is greater than 4 days old (the effective timescale for this includes the date and time lead received).
- If you have not tried all the contact information supplied on the lead.
- If we can confirm the name supplied on the lead is connected to the contact information provided by the customer. This includes work numbers and family members, i.e. same surname, husband, wife or relative.
- If the email address returns a response from the customer when tried.
- Where we can obtain a usable telephone number for the lead name and address from directory enquiries (or online equivalent).
- If the customer has entered incorrect information regarding the intended amount of mortgage requirement.
- Where a customer has clearly stated on submission that they require Mortgage Advice.
Submitting your replacement lead request, In order to ensure the timely processing of your replacement lead request, we respectfully request that you:
- Submit all requests via your login
- Refrain from submitting requests more than once.
- We will respond to your refund request within 10 working days (This is from the date that the refund department submits the lead for investigation)
