'The Commencement Date’ - the date specified in the Confirmation email that the service starts from
'Confirmation email' - the email that is sent by OnlyLeads to You confirming the date of the commencement of this Agreement
'Enquirer' or 'Interested Party' - the person or persons who wish to be contacted by You to receive advise on a mortgage
'Lead' - the form containing details of the interested party and the mortgage information they have provided as part of OnlyLeads pre sales application process
'OnlyLeads' - OnlyLeads or any of its Associated Companies
'Territory' - the predefined geographic sub-division of England, Wales, Scotland and Northern Ireland
'You' or 'Your' - the person, partnership or company to whom the Lead is sent
'Base Price Leads' - Online Mortgage Leads up to and including the value of £99,999.
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The agreement shall commence on the date specified in the Confirmation email and shall continue until terminated in accordance with paragraph 5 below.
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3.1 OnlyLeads reserves the right not to enter into an agreement with You, without explanation.
3.2 On acceptance OnlyLeads 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 OnlyLeads will source leads through some of the websites powered by the OnlyLeads comparison tables. Through its website comparison tool and telephone assistance OnlyLeads will endeavor to assist to the fullest extent possible the potential
applicant so that the lead is fully qualified and correct.
3.4 OnlyLeads will email the Lead swiftly to You without delay to the email address provided by You.
3.5 OnlyLeads cannot guarantee that the Lead will be converted into business. OnlyLeads will not refund any Lead that falls outside of OnlyLeads's refund policy (available on request).
3.6 OnlyLeads may send out questionnaires to You and/or the Enquirer with regards the Lead mechanism to obtain feedback.
3.7 OnlyLeads is not obliged to supply You with any Leads.
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4.1 The Leads will be delivered by email to You 24 hours a day. You will endeavor to telephone the Enquirer within 3 hours, within normal business 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 OnlyLeads 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 OnlyFinance.com, or the website that sourced the Lead, any other lender or any other agent or group company.
4.3 You shall pay the sum, as described in OnlyLeads current price list (available on request), demanded for each Lead whether or not the Lead is converted into business. OnlyLeads shall deduct the fee by direct debit from your nominated bank account. 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 working days notice. Each Lead, sent to You by OnlyLeads, must Only be serviced by yourself or representative of your company or the company You work for. You must not up sell Leads without the prior knowledge and agreement of OnlyLeads.
4.4 In the case of online mortgage leads, it is mandatory that You receive base price leads. The option to opt out of other lead types is solely at the discretion of OnlyLeads.co.uk Remortgage leads will not be offered on their own in any case other than that of specialist agencies and by prior agreement with OnlyLeads.
4.5 You must co-operate with OnlyLeads with regards to feedback and must return any questionnaires sent out by OnlyLeads within 10 working days of receipt.
4.51 You must comply with OnlyLeads' refund policy including applying for refunds in writing.
4.6 In performing Your obligations under this agreement, in connection with OnlyLeads, You shall act in good faith, exercise all the due skill, care and diligence that would be expected of a professional independent advisor. You shall ensure that Your conduct of business in connection with OnlyLeads 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 OnlyLeads or the website from where the Lead was sourced or any other company.
4.7 You must immediately notify OnlyLeads of any revocation or alteration to any licenses, memberships and/or authorisations which may affect your ability to perform your obligations under this agreement.
4.8 In consideration of the introduction of Leads, You agree to indemnify OnlyLeads, OnlyFinance.com, and all associated companies of OnlyFinance.com. against all damages, claims, expenses and other costs incurred or as a result of the introduction of interested parties to you whether during or after the termination of this agreement.
4.9 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.
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5.1 Either party may terminate this agreement by serving “Five working days” notice, in writing, or by emailing such notice to the other.
5.2 All terminations will be acknowledged and confirmed by OnlyLeads by email. You may be required to produce this Confirmation email in order to validate any refund requests submitted after termination. OnlyLeads reserves the right to refuse refunds outside of its refund policy without a valid termination Confirmation email
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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 OnlyLeads, or any of its associated companies, then You irrevocably consent to OnlyLeads setting off those monies owed against those sums owed by them to You.
6.2 Upon giving notice to terminate your agreement with OnlyLeads, in accordance with section 5 above, OnlyLeads may continue to provide You with Leads, which You will pay for until the notice period has expired.
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OnlyLeads gives no warranties, express or implied, in respect of any information contained on websites powered by OnlyFinance.com. comparison tables and You agree to accept that the information is to OnlyLeads reasonable standards and does not obviate the necessity of You checking all the information provided in giving advice to the Enquirer.
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OnlyLeads 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 website resulting from any event or circumstances beyond our reasonable control including, without limitation, breakdown of systems or network access, fire, explosion or accident.
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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.
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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.
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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.
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