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WestCorp Insolvency Cover - Terms & Conditions - You will be deemed to have read this and have agreed to adhere to these terms:
Set out below is an outline of our online terms and conditions a complete version can be obtained by writing to: WestCorp - UK :4th Floor. 59 Piccadilly. Manchester. M1 2AQ.
1) The information provided online is a true and complete answer regarding your financial circumstances or that of your business, subject to the plan chosen.
2) WestCorp cannot be held responsible for omissions or errors entered into by you the client on the quote line or application form that may result in any securities being challenged or reduced.
3) You confirm that your instructions to us regarding any assets, property, or securities are not for the purposes of deceiving any bank, finance house, shareholders or any person or body that might have a legitimate interest in your trading business.
4) You instruct WestCorp to contract the preparation on any documents , securities, debentures, floating charges, guarantees, fidelity bonds or any such security instruments that may from time to time be required in the structure of your Insolvency Cover Plan.
5) All or any documents, contracts or securities prepared by WestCorps acting solicitors are based on the information supplied by you the client and as such any omissions or errors may lead to a striking out against such securities in place for the protection of accrued assets listed within your Insolvency Cover Plan.
6) It is also a material fact that you are/ the company/ business is solvent in terms of all statutory requirements within the Acts of the United Kingdom as they currently apply for individuals (Sole traders & Partnerships) and Companies (Under the Companies Acts)and that this applies to any legislative changes within 12 months of signing an agreement with WestCorp and that by ordering via InstantCover online or by e-mail application or fax or written application you confirm that you/your business/the company is solvent in terms of the current legislation effective throughout the United Kingdom and immediately upon the date of signing your Insolvency Cover Plan.
7) You also accept and understand that in the event of you/the business/the company/being insolvent of the date of signing your Insolvency Cover Plan that in the event of any future challenge being made to the various contracts/securities being entered into, by an Administrator, Receiver or Liquidator (Companies) or Trustee (individuals & partnerships) of the trading entity, no defence will be available to any challenge made to the granting of said contracts, securities, Bond & floating charges, Debenture, letters of Hypothecation or assignations granted or any other documents created within the Insolvency cover plan, if at the date of signing you/the business/company is insolvent under current prevailing legislation within the United Kingdom.
8) You agree to immediately inform WestCorp its management, agents or acting solicitors in writing of any changes to the material information provided on your application, additional application details maybe requested on a separate form. You understand that failure to complete same may affect your Insolvency Cover Plan proposal.
9) You acknowledge that WestCorp will hold and process by computer or otherwise, information accrued about you/the business/ company as a result of this application.
9a) WestCorp use the term underwrite/underwriting and as such defines this term specifically as "Supporting or agreeing to a decision or statement/s" provided by the client/purchaser/s. The use of these term/s within our website and literature signify the process that WestCorp use to assess the eligibility of clients to receive our product/s. WestCorp at no time assumes any financial responsibility or guarantees against the failure of any Bizsafe or Housesafe or IC Plan. WestCorp further states that these products are NOT insurance policies, and do not protect against a company or person becoming insolvent by their own actions. WestCorp further states that these products have no cash in value and are subject to the validity of the facts provided by the client/purchasers.
10) You agree that WestCorp will act on your/ the business/ companies behalf in respect of the submitted application provided you/the business/ company agrees to; (i) Follow our advice in respect of the application. (ii) Make all payments due in accordance with your agreement by either credit card or monthly direct debit or standing order. Default payments will be charged at 5% of any monthly premium. (iii)Any default beyond 14 days will constitute a breach of terms and conditions. (iv) Any default not settled within 14 days will lead to the (Insolvency Cover Plan) being terminated and a new application maybe requested together with an administration fee (v) You/ the business/ company agree to WestCorps terms and conditions as they apply in their entirety.(vi) All contracts are quoted for between 10 - 25 year term. The contract can be terminated at any time by you the client giving WestCorp one months notice. (vii) As the Insolvency Cover Plan is not an insurance policy no surrender value is accrued. If the (ICP) is cancelled within 12 months WestCorp reserves the right to charge a minimum admin/processing fee of £50.
11) By signing an agreement you /the business/ company hereby expressly consent to allow WestCorp and its appointed agents, to make any such enquiries that it deems necessary in respect of your application. 12. Our underwriting criteria is based on the information provided by you the client/ business company and is subject to the trading/status of you/ the business/ the company. WestCorp reserves the right to decline any application.
12) Minimum & Comprehensive Cover: All web quotations are based on a Minimum cover plan. Comprehensive cover plans are available as upgrades subject to application details.
13) Application Approval - Times & Progress: All web cover quotes are subject to confirmation of signed application agreement details and receipt of payment. Application agreement forms are issued within 3 days of web quotation purchase. Final completion application, from inception to conclusion can normally take up to 14 working days. If we refuse an application we will detail why and on what basis.
14) Costs & Premium Payments: At the start of the Plan you choose the level of cover required. The premium cost of all plans are based on business turnover and eligibility criteria listed in the (Business Plan Section - eligibility criteria is primarily related to the credit risk and corporate health of the business). All initial online payments are by credit / debit card, through our secure payment provider PayPal. Premiums are paid monthly or yearly. All premiums must be paid by Direct Debit or Standing Order. Minimum contract term 12 months. Maximum contract term 25 years. Contract extensions are by agreement and are subject to our ongoing terms and conditions.
15) Setup Fees: We charge an initial setup fee based on the underwriting actuary scales relevant to the unencumbered equity/asset value of your business or personal holdings, ranging from a minimum fee to between (0.5 to 1.5)% of turnover for more complex cases. This fee excludes legal setup costs and appropriate security documentation. All fees are processed by Click IT Online Ltd our UK agents. All UK transactions are based on US dollars and converted into UK pounds and are subject to the prevailing exchange rate.
16) Termination: All contracts can be terminated by providing us with one months written notice. The Plans are not insurance policies and as such have no investment element, consequently no cash in value at the end of the agreed term. (All plans are subject to application details and approval).
Online Offer & Declaration Terms For:
Business & Personal Insolvency Cover Plans – Bizsafe & Housesafe Download Plans:
1. The information provided online and in any subsequent application is a true and complete answer regarding the financial circumstances of you /your business.
2. WestCorp cannot be held responsible for omissions or errors entered into by you the client on the Quote line or Bizsafe or Housesafe application forms /links that may result in any securities being challenged or reduced.
3. You confirm that your instructions to us regarding any assets, property, or securities are not for the purposes of deceiving any bank, finance house, shareholders or any person or body that might have a legitimate interest in your personal financial affairs or trading business.
4. You instruct WestCorp to contract the preparation on any documents, securities, debentures, floating charges, guarantees, fidelity bonds or any such security instruments that may from time to time be required in the structure of your Business or Personal Insolvency Cover Plans or Bizsafe & Housesafe Download Plans
5. All or any documents, contracts or securities prepared by WestCorp’s acting solicitors are based on the information supplied by you the client and as such any omissions or errors may lead to a striking out against such securities in place for the protection of accrued assets listed within your Business & Personal Insolvency Cover Plan or Bizsafe & Housesafe Download Plans.
6. It is also a material fact that you are/ the company/ business is solvent in terms of all statutory requirements within the Acts of the United Kingdom as they currently apply for individuals (Sole traders & Partnerships) and Companies (Under the Companies Acts) and that this applies to any legislative changes within 12 months of signing an agreement with WestCorp and that by ordering via InstantCover online or by e-mail application or fax or written application or purchasing our downloadable Bizsafe or Housesafe products you confirm that you/your business/the company is solvent in terms of the current legislation effective throughout the United Kingdom and immediately upon the date of signing your Business or Personal Insolvency Cover Plan or Bizsafe or Housesafe Download Plans.
7. You also accept and understand that in the event of you/the business/the company/being insolvent of the date of signing your Business or Personal Insolvency Cover Plan or Bizsafe or Housesafe Download Plans that in the event of any future challenge being made to the various contracts/securities being entered into, by an Administrator, Receiver or Liquidator (Companies) or Trustee (individuals & partnerships) of the trading entity, no defence will be available to any challenge made to the granting of said contracts, securities, Bond & floating charges, Debenture, letters of Hypothecation or assignations granted or any other documents created within the Business or Personal Insolvency Cover Plan or Bizsafe & Housesafe Download Plans. If at the date of signing you/the business/company is insolvent under current prevailing legislation within the United Kingdom.
8. You agree to immediately inform WestCorp its management, agents or acting solicitors in writing of any changes to the material information provided on your application, additional application details maybe requested on a separate form. You understand that failure to complete same may affect your Business or Personal Insolvency Cover Plan or Bizsafe & Housesafe Download Plans proposal.
9 (i) All Bizsafe or Housesafe downloadable plans are sold as bespoke plans and as such legal securities and registrations are completed by the client purchasers unless they request and authorise WestCorp to complete a full Bizsafe or Housesafe plan format on their behalf. Additional cost tariffs associated with a full service or monthly premium service can be accessed by contacting WestCorp admin directly.
9a) WestCorp use the term underwrite/underwriting and as such defines this term specifically as "Supporting or agreeing to a decision or statement/s" provided by the client/purchaser/s. The use of these term/s within our website and literature signify the process that WestCorp use to assess the eligibility of clients to receive our product/s. WestCorp at no time assumes any financial responsibility or guarantees against the failure of any Bizsafe or Housesafe or IC Plan. WestCorp further states that these products are NOT insurance policies, and do not protect against a company or person becoming insolvent by their own actions. WestCorp further states that these products have no cash in value and are subject to the validity of the facts provided by the client/purchasers.
10. You acknowledge that WestCorp will hold and process by computer or otherwise, information accrued about you/the business/company as a result of your Business or Personal Insolvency Cover Plan or Bizsafe & Housesafe Download Plan application.
11. You agree that WestCorp will act on your/ the business/ companies behalf in respect of the submitted application provided you/the business/ company agrees to; (i) Follow our advice in respect of the application. (ii) Make all payments due in accordance with your agreement. By either credit card or monthly direct debit or standing order or single one off payment. Default payments will be charged at 5% of any monthly premium. (iii) Any default beyond 14 days will constitute a breach of terms and conditions. (iv) Any default not settled within 14 days will lead to the (IC Plan) being terminated and a new application maybe requested together with an administration fee (v) You/ the business/ company agree to WestCorp’s terms and conditions as they apply in their entirety.(vi) All monthly contracts are quoted for between 1 - 25 year term. The contract can be terminated at any time by you the client or business giving WestCorp one months notice. (vii) As the Business or Personal Insolvency Cover Plan or Bizsafe & Housesafe Download Plans are not an insurance policy no surrender value is accrued. If the monthly (ICP) is cancelled within 12 months WestCorp reserves the right to charge a minimum admin/processing fee as a percentage of asset values covered. By signing an agreement you /the business/ company hereby expressly consent to allow WestCorp and its appointed agents, to make any such enquiries that it deems necessary in respect of your application. All information is treated in the strictest confidence.
12. Our underwriting criteria is based on the information provided by you the client/ business company and is subject to the trading/status of you/ the business/ the company. WestCorp reserves the right to decline any application.
Specific terms and conditions:
For WestCorp - Insolvency Referral Services:
It is a condition of our terms that all IRS subscribers provided with our referral data market such data in the manner detailed below over a 3 week period in order to maximise the potential for conversion and sustain a 7% conversion rate as well as be eligable for our 60 day guarantee offer. Also if subscribers subsequently achieve that target over a 12 month period from a returning client then we ask that you re-credit our account to the equivalent replacement referral values.
It is also a condition of purchase that you do not transfer and sell our data to any third party without first requesting our permission. All data provided is of an opt in nature and compliant with current legislation.
WEEK 1 - Contact the client by letter detailing your services and history, providing appropriate corporate literature and offering a first consultation for free.
WEEK 2 - Follow up email to the client again emphasizing your provision of service and availability to advise and assist.
WEEK 3 - Follow up telecom with client detailng previous communications and highlighting experience and professional approach offered by your firm.
1) DEFINITIONS
1.1) ‘We’/‘Us’/’Our’ This refers to us as a business, this includes TLE, IRS and all other agents or sibsidiaries acting for westcorp-uk.com and this also includes partner companies to which we provide products and services on their behalf in accordance with these terms and conditions. Partner companies include but are not limited to WestCorp Group USA UK and Asian companies.
1.2) ‘You’/‘ Your’, The title ‘You’/’Your’ refers to you as individual purchaser user or recipient of a product or service from us and also you on behalf of your company and/or organisation. This also includes Network affiliates or introducers where applicable. By accepting these terms and conditions you are also accepting on behalf of the business/organisation which your represent.
1.3) ‘Partner companies’ Partner companies include but are not limited to group affiliates and other affiliated merchants and product providers (this includes but is not limited to lenders, insurers, and insolvency practitioners, accountants and solicitors).
1.4) ‘Introducer’/’Affiliate’/’Affiliate partner’/’Broker’ This refers to you as the introducing business or individual.
1.5) ‘Introduced client(s)’/’Client referral’ This would include any client passed from an introducer to us by any means.
1.6) ‘Westcorp Website Platform Links’/’DSUK - Live Link Demographic Domain Platforms’ This is the product name/s for our online client referral application form/system and associated products (such as banners and buttons and any additional software demographic platform applications provided by us).
2) REASONABLE ACCEPTANCE
2.1) (TLE) provide business services subject to the terms and conditions listed below. If you do not agree to the following terms and conditions please do not register or attempt to use any of its partner companies, including but not limited to its affiliated websites offer various online intelligent information exchange and transactional products and services to all parties who agree to abide by the terms and conditions. Access to westcorp-uk.com and its aforementioned partner companies is available to all parties from the financial services and industries provided they agree to these terms and conditions. The use of this site past the point of registration and purchase of BICP’s and PICP’s is deemed to be reasonable acceptance and agreement of these terms and conditions, including our WestCorp online addended terms.
3) INDEMNITY:
3.1) Purchasing from this site is seen as an agreement to be legally bound by the terms and conditions and as such you shall indemnify and hold the westcorp-uk website and all staff involved harmless from all alleged or actual damages, loss, claims and expenses relating to any warrant, guarantee or representations made by westcorp-uk.com, it's partner companies or by merchant or affiliate providers. This includes, but is not limited to, any legal fees.
3.2) We accept no liability for any products or services; particularly web-based which are added to an external business system/website. By agreeing to these terms and conditions you indemnify and hold us or our associates harmless for any failure in software, products or services which our held, used or operated on any external website or system (this includes but is not limited to our afiliate Links and products).
4) DISCLAIMER:
4.1) This is a 'public access' website, it is a condition of use of this site and the materials and tools within it that any use is at the users own risk. We give no representation or warranty as to the accuracy of the content of the site and assume no responsibility for any errors or omissions within it. We also accept no responsibility for the effect this site has on your computer link. We disclaim all liability in respect of such information received, posted or quoted from other sites or affiliates. Neither westcorp-uk.com nor any of the administrators, editors, contributors or other staff shall be liable for any loss or damages suffered as a result of any use, misuse or inability to use this site, including but not limited to direct losses, consequential loss and loss of any profits or other economic loss whatsoever.
4.2) We also disclaim any loss resulting from reliance on any network content or resulting from any interruptions, work stoppages, computer failures, communication failures, deletion of files, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind.
4.3) This website acts solely as a marketing and sales website to attract the business of individuals and professionals and, as such, the owners, directors, employees or agents of this site are unable to offer any financial advice. Clients should satisfy any further queries they may have by seeking independent legal advice about our products and services. Information contained on the website does not form the basis of any contract. Business or financial decisions should not be based solely on the information contained within this website and as such we disclaim any risk or loss occurring through dependency of the information within this site.
5) AVAILABILITY OF SERVICE:
5.1) We do not warrant or guarantee that the westcorp-uk.com website and its associate sites will be uninterrupted or error free at any time.
5.2) At any time it may be necessary for maintenance or for other purposes to restrict or withdraw service availability, we reserve the right to do this at any time without prior notice.
5.3) We reserve the right to change formats, layouts and operating functions of any of our products on our systems, servers or website/s at anytime without prior notice, we also reserve the right to insist upon changes to products of services which originated from us; even if those are not held on our systems, servers or websites.
6) PERMISSIONS AND AUTHORITY – FOR INTRODUCERS.
6.1) If you are an authorised introducer you are authorised to introduce client referrals to us using our products and systems.
6.2) If you are an authorised introducer you are permitted to advertise and distribute materials which we provide to you. You are only permitted to use our names, logos, images, brands or trademarks with our express written consent.
6.3) You will not be permitted to do any of the following…
6.3.1) You will not represent our business or any of our brands.
6.3.2) You will not give advice, recommendations or opinions about any of our products or services to third parties as though to be representing us.
6.3.3) You will not distribute any marketing or other literature or stationary from us to any third parties without express consent from us that this action is acceptable, in each instance of distribution or use consent will be required each time.
6.3.4) You will not distribute or transfer any document/s or stationary of our partner companies as in 1.3.
6.3.5) You will not transfer data, client information, applications, personal data to us from any other source than your own and proof of ownership or your agreement with the referred client to pass on their information may be requested by us at any time.
6.3.6) You will not represent a customer/referred client at any point, or submit to us information for a client/s which you no longer deal with or have not dealt with within the last 6 months.
6.3.7) You will not re-sell, re-brand or charge for our products or services without our express consent.
6.4) Nothing in this agreement/terms and conditions will require us to accept an application, client referral or business offer.
6.5) You authorise us to offer to the client any product or service which would fit within the clients needs or request.
6.6) You authorise us to make and maintain contact with a client referral for as long as we see fit, this includes the following areas of contact.
6.6.1) Offering of products and services from all areas.
6.6.2) Survey and research.
6.6.3) Marketing and development.
6.7) You will not:
6.7.1) Assign or delegate any part of this agreement to any third party.
6.7.2) Assign responsibility for any part of this agreement to any third party.
7) ON-LINE CONDUCT:
7.1) Users shall not engage in any conduct that restricts any other user from using the services offered by westcorp-uk.com and our associates. All Users agree to use westcrp-uk.com only for lawful purposes. Users shall not post or transmit through westcorp.com and its online network platforms any unlawful, defamatory, libellous, vulgar, obscene, abusive, harassing, harmful, threatening or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence.
7.2) We reserve the right to withdraw any on-line products, services or accounts at any time without prior notice.
7.3) You will not copy our website data or content without our express consent, westcorp-uk Links product use consent is given within the confines of this agreement.
8) REGISTRATION:
8.1) The user must always use their real name and/or trading name upon registration and in further contact with westcorp-uk.com and its partner companies the user will remain solely responsible for the materials created by or messages sent by a user to or via westcorp-uk.com. The user understands and agrees that if any of these conditions are not met then the account may be terminated or be liable for any legal costs or proceedings that may occur due to misuse.
9) TERMINATION:
9.1) Westcorp-uk.com reserves the right to terminate or suspend this agreement, without notice, for any reason, qualified or otherwise. A user may terminate this agreement at any point but only via a written request with thirty days notice. Dispute of account termination can be lodged with westcorp-uk.com.
9.2) Either Party will have the right to cancel this agreement with immediate effect in the event of evidence or reasonable suspicion of the following circumstances in respect of the other:
9.2.1) Fraud. 9.2.2) Civil/criminal charges material to the operation of the business under the terms of this Agreement.
9.2.3) Any breach of this Agreement.
9.3) In the event of death, bankruptcy, winding up or making an arrangement or composition with creditors, becoming resident outside the United Kingdom or (being a company) changing its place of registration or have its ownership or control altered without prior notice, this agreement will automatically come to an end.
10) PRIVACY AND DATA PROTECTION:
10.1) Westcorp-uk.com does not collect personal information from clients or affiliates of westcorp-uk.com or partner companies unless those parties have explicitly given such information to westcorp-uk.com via the completion of an Application Form or through contact with a westcorp-uk.com employee or agent.
10.2) Information shall not be transferred to third parties or merchants without the express permission of the client and then shall only be transferred to merchants deemed suitable by westcorp-uk.com.
10.3) You will not pass on, transfer, inform, replicate, copy, sell, trade, or donate any product, service or information to any third party without our prior written consent.
10.4) You will make every effort to handle client referral information and data with the highest regards for data security and within the confines of the information commissioner’s office and any other governing body.
11) GENERAL
11.1) Save where the context otherwise requires, a person who is not a party to this agreement shall not be entitled to enforce any of the terms of this agreement under the contracts (Rights of Third Parties) Act 1999.
11.2) If a term, covenant, provision or condition of this agreement become, or shall be held by any court or competent jurisdiction to be against public policy or illegal in any way, all remaining provisions of this agreement shall remain in full force and effect and unaffected, impaired or invalidated by this decision. The invalidated item shall be modified by the parties to the fullest extent possible to carry out all the intentions and directives stated in this agreement.
11.3) You will hold and maintain a valid consumer credit licence and abide by the rules and regulations of the office of fair trading.
11.4) You will abide by the applicable rules and regulations of the FSA (Financial services authority) and any other relevant governing body.
12) NOTICES:
12.1) Each party shall notify the other immediately in writing of any changes to it's circumstances including but not limited to changes of name or address, legal entity, trading status, engaging other business activities, change in related regulated activities or other material facts.
12.2) Any notice, document or stationary to be given under this agreement shall be in writing and shall be sent by first class post or other means possible or by facsimile transmission to us, at our registered office and in the case of the Introducer either to the address shown our contact page at westcorp-uk.com or to the Introducer's last known place of business.
12.3) You will notify us of any information or instances related either directly or indirectly to us where you can provide evidence or not of any instances of the following:
12.3.1) Breach of this agreement.
12.3.2) Breach of this agreement by another person, company, or affiliate business which may be held under this agreement.
12.3.3) Fraud.
12.3.4) Criminal or unlawful activities/behaviour.
12.3.5) Money laundering.
12.3.6) Non compliance with regulatory or governing bodies.
12.3.7) Misrepresentation, whomever it may concern.
13) JURISTICTION
13.1 This Agreement shall be subject to the laws of England and Wales & Scotland where pertinent and the Parties irrevocably submit any dispute arising out of or in connection with this agreement to the exclusive jurisdiction of the Courts of England and Wales. Unless the purvey of agreement is entered into with Scottish clients then the applicable governing law will apply.
14) COMPLIANCE
14.1) Both Parties will comply with all legal and regulatory requirements as are applicable to their obligations under this agreement and will co-operate fully with each other for the purpose of such compliance.
14.2) You will in the event of any investigations or enquires provide for the purposes of compliance any data which may be deemed by us as relevant for such an investigation. These investigations include but are not limited to fraud, criminal behaviour, non-compliance, breach of this agreement, money-laundering, or misrepresentation.
15) COMMISSIONS AND TERM OF PAYMENTS
15.1) We agree to pay for any introduced clients or business to us, the amounts paid for each product or service will be made available via our website or verbally via staff.
15.2) Any proposed commission amount will not be final until such a time as we contact you with a completed commission figure and pay date, until such time any commissions are subject to change and we reserve the right to change commission at any time with prior notice.
15.3) We will initiate transfer of money via bank transfer or cheque to you within 48 hours of your referred/introduced client’s application being successfully validated. Each product/service has different validation requirements and definitions of a validated referral can be found on our website or verbally via staff. The time taken for transfers/cheque to reach you may vary dependant on bank, area, account type and you will not hold us responsible for transfer time beyond the point which we initiate such a transfer.
15.4) Any payments or commissions will be made payable to the name, business name or trading style referred to on your consumer credit licence or provided and agreed by a at the point of registration.
15.5) In conjunction with 15.4, should it become the case where you do not have a valid consumer credit licence we reserve the right to withhold any payments/commissions and terminate this agreement without recourse.
15.6) You will ensure that you supply us with and maintain correct payment/account details to which to make payment, you will not hold us responsible for any payments made correctly by us to any account wrongly supplied/not updated by you.
16) PURCHASES AND TERMS OF SALE
16.1) We agree to refer client information to you as per the client’s needs approval and requests upon purchase and payment of such a product, service or information.
16.2) Until payment is made we are under no obligation to transfer/supply any product or service to you, despite any other written agreement. This includes notes of promise or letters of intent.
16.3) Information supplied by us will be to the standard, accuracy and content as specified by our website. Although we often supply more information we are only bound by the minimum requirements outlined by our website. Products and services may reflect a variation of information supplied. We reserve the right to change the informational content of our referrals at any time prior to any purchases. This does not affect your rights under the consumer credit act for goods already purchased.
16.4) You will only use the information supplied by us for the purpose for which it was supplied, if you use the information for any other purpose you agree to pay us the applicable market value for that information in respect of any other product or service transferred to a third party. Should we provide evidence of such an occasion then we will invoice you for the applicable cost and under the terms of this agreement you agree that you will be liable for such costs. Should you fail to pay such a cost we reserve the right to pursue by any means to recover such costs from you in addition to any cost incurred during the cost recovery.
16.5) For purchases of products or services of 5 items or more we reserve the right to extend or adjust any timescale for production/supply of any product, service or information. As standard; if not specified on your purchase agreement then our requirement to supply you with a purchased product is 30 days from the date of purchase.
16.6) For all purchases, our standard requirement to supply a product, service or information shall be; unless stated on your purchase agreement; 30 days from the date of purchase. Purchases are issued as they are completed, distribution of products are subject t volume, if ordered/pre-ordered products are not completed within a specific time frame: day/week/month, then we will continue distribution into the following and proceeding month/s until the order is complete.
16.7) We reserve the right to halt the supply of any product, service or information to you should we feel you have in anyway or part breached these terms and conditions.
16.8) We reserve the right to halt the supply of any product, service or information to you and provide a full refund of spend for any reason we deem necessary.
16.9) The prices which we charge vary for each product and service and are made available through our website or verbally via staff. These prices may be subject to change at any time without prior notice, any offers or marketed prices will be enforced and shall negate this point but shall only be applicable until the specified date/time of the offer/marketed documentation provided.
16.10) We reserve the right to withdraw any product from offer or sale at any time without prior notice.
16.11) Should you have any reason to complain about our service/s then this should be registered in a formal manner firstly to your acting manager or directly to our admin centre by e-mail or in writing, outlining the full details of any complaint. We will endeavour to reply to any complaint within 14 days.
16.12) Any product/s, service or information sold is only sold under the terms of this agreement and applicable product/s descriptions apply, we do not promise or guarantee anything beyond what is stated. In particular client referrals supplied for application/use for particular financial products do not constitute a certain pass/acceptance of that application, you accept we are not required to refund or replace any product, service or information; in full or part; which is not directly specified as part of the sale by us.
16.13) Should we refund, replace or gift any product, service or information to you all terms and conditions apply in full and such an action will not imply a breach of these terms and agreement by us.
Click IT - Disclaimer & Legal Rights (Section) E-book Sales:
1.No Warranties. ALL WEB SITES PRODUCTS AND SERVICE E-BOOKS ARE PROVIDED, AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS IS THE ONLY WARRANT OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY OUR COMPANY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR COMPANY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO.
2.Customer Remedies: Our company's entire liability, and the purchaser's exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to thirty days. All remedies are limited to the UK.
3. Limitation & Exclusion Of Our Liability: These warranties exclude all incidental or consequential damages. Our company, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
4.Choice Of Laws & Official Language: This offering is a contract between you the buyer and our business, the seller. The seller is located in Manchester UK. By doing business with us you agree that this offering is made from Manchester UK. By electing to participate in this offer, you are entering into a contract. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the UK. In addition, you agree to submit to the jurisdiction of the courts of the UK and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the UK. The terms constituting this offering are set forth in writing on this Web site. You hereby agree to submit to the jurisdiction UK to resolve any disputes or litigation hereunder. Whether or not you choose to print this offering, containing the terms and conditions as described herein, you agree that this contract constitutes a writing. This agreement is being written in English, which is to be the official language of the contract’s text and interpretation. If you do not agree with the above terms and conditions, you have the option to not participate in this offer.
Copyrights: This Web site/s and information contains copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other Material whatsoever.
License/s: All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated by us. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product/s, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution against you.
EARNINGS & INCOME DISCLAIMERS:
ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY ESTIMATES OF WHAT WE THINK YOU COULD EARN, EXPRESSED WITHIN OUR SITES. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
WHERE WE USE SPECIFIC INCOME FIGURES , AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED THAT AMOUNT. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON THIS WEB SITE/S, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS.THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS. MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL. THERE IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL. INTERNET BUSINESSES AND EARNINGS DERIVED THEREFROM, HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL. ALL PRODUCTS AND SERVICES OFFERED BY OUR COMPANY ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONAL/S. CHECK WITH YOUR ACCOUNTANT, SOLICITOR OR PROFESSIONAL ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION.
USERS OF OUR PRODUCTS, SERVICES AND WEB SITE/S ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON THIS WEB SITE SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM. YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY OUR COMPANY, OR OUR COMPANY PRODUCTS OR SERVICES OR RELATED OR AFFILIATED COMPANIES.
Our company reserves all its rights that may not be expressly granted here.This agreement is made between Click IT Online who act as processing agents for westcorp-uk.com and the registering party using the online application form/s.
WestCorp Group - 2009 ©.
WestCorp Insolvency Cover - Terms & Conditions - You will be deemed to have read this and have agreed to adhere to these terms:
Set out below is an outline of our online terms and conditions a complete version can be obtained by writing to: WestCorp - UK :4th Floor. 59 Piccadilly. Manchester. M1 2AQ.
1) The information provided online is a true and complete answer regarding your financial circumstances or that of your business, subject to the plan chosen.
2) WestCorp cannot be held responsible for omissions or errors entered into by you the client on the quote line or application form that may result in any securities being challenged or reduced.
3) You confirm that your instructions to us regarding any assets, property, or securities are not for the purposes of deceiving any bank, finance house, shareholders or any person or body that might have a legitimate interest in your trading business.
4) You instruct WestCorp to contract the preparation on any documents , securities, debentures, floating charges, guarantees, fidelity bonds or any such security instruments that may from time to time be required in the structure of your Insolvency Cover Plan.
5) All or any documents, contracts or securities prepared by WestCorps acting solicitors are based on the information supplied by you the client and as such any omissions or errors may lead to a striking out against such securities in place for the protection of accrued assets listed within your Insolvency Cover Plan.
6) It is also a material fact that you are/ the company/ business is solvent in terms of all statutory requirements within the Acts of the United Kingdom as they currently apply for individuals (Sole traders & Partnerships) and Companies (Under the Companies Acts)and that this applies to any legislative changes within 12 months of signing an agreement with WestCorp and that by ordering via InstantCover online or by e-mail application or fax or written application you confirm that you/your business/the company is solvent in terms of the current legislation effective throughout the United Kingdom and immediately upon the date of signing your Insolvency Cover Plan.
7) You also accept and understand that in the event of you/the business/the company/being insolvent of the date of signing your Insolvency Cover Plan that in the event of any future challenge being made to the various contracts/securities being entered into, by an Administrator, Receiver or Liquidator (Companies) or Trustee (individuals & partnerships) of the trading entity, no defence will be available to any challenge made to the granting of said contracts, securities, Bond & floating charges, Debenture, letters of Hypothecation or assignations granted or any other documents created within the Insolvency cover plan, if at the date of signing you/the business/company is insolvent under current prevailing legislation within the United Kingdom.
8) You agree to immediately inform WestCorp its management, agents or acting solicitors in writing of any changes to the material information provided on your application, additional application details maybe requested on a separate form. You understand that failure to complete same may affect your Insolvency Cover Plan proposal.
9) You acknowledge that WestCorp will hold and process by computer or otherwise, information accrued about you/the business/ company as a result of this application.
9a) WestCorp use the term underwrite/underwriting and as such defines this term specifically as "Supporting or agreeing to a decision or statement/s" provided by the client/purchaser/s. The use of these term/s within our website and literature signify the process that WestCorp use to assess the eligibility of clients to receive our product/s. WestCorp at no time assumes any financial responsibility or guarantees against the failure of any Bizsafe or Housesafe or IC Plan. WestCorp further states that these products are NOT insurance policies, and do not protect against a company or person becoming insolvent by their own actions. WestCorp further states that these products have no cash in value and are subject to the validity of the facts provided by the client/purchasers.
10) You agree that WestCorp will act on your/ the business/ companies behalf in respect of the submitted application provided you/the business/ company agrees to; (i) Follow our advice in respect of the application. (ii) Make all payments due in accordance with your agreement by either credit card or monthly direct debit or standing order. Default payments will be charged at 5% of any monthly premium. (iii)Any default beyond 14 days will constitute a breach of terms and conditions. (iv) Any default not settled within 14 days will lead to the (Insolvency Cover Plan) being terminated and a new application maybe requested together with an administration fee (v) You/ the business/ company agree to WestCorps terms and conditions as they apply in their entirety.(vi) All contracts are quoted for between 10 - 25 year term. The contract can be terminated at any time by you the client giving WestCorp one months notice. (vii) As the Insolvency Cover Plan is not an insurance policy no surrender value is accrued. If the (ICP) is cancelled within 12 months WestCorp reserves the right to charge a minimum admin/processing fee of £50.
11) By signing an agreement you /the business/ company hereby expressly consent to allow WestCorp and its appointed agents, to make any such enquiries that it deems necessary in respect of your application. 12. Our underwriting criteria is based on the information provided by you the client/ business company and is subject to the trading/status of you/ the business/ the company. WestCorp reserves the right to decline any application.
12) Minimum & Comprehensive Cover: All web quotations are based on a Minimum cover plan. Comprehensive cover plans are available as upgrades subject to application details.
13) Application Approval - Times & Progress: All web cover quotes are subject to confirmation of signed application agreement details and receipt of payment. Application agreement forms are issued within 3 days of web quotation purchase. Final completion application, from inception to conclusion can normally take up to 14 working days. If we refuse an application we will detail why and on what basis.
14) Costs & Premium Payments: At the start of the Plan you choose the level of cover required. The premium cost of all plans are based on business turnover and eligibility criteria listed in the (Business Plan Section - eligibility criteria is primarily related to the credit risk and corporate health of the business). All initial online payments are by credit / debit card, through our secure payment provider PayPal. Premiums are paid monthly or yearly. All premiums must be paid by Direct Debit or Standing Order. Minimum contract term 12 months. Maximum contract term 25 years. Contract extensions are by agreement and are subject to our ongoing terms and conditions.
15) Setup Fees: We charge an initial setup fee based on the underwriting actuary scales relevant to the unencumbered equity/asset value of your business or personal holdings, ranging from a minimum fee to between (0.5 to 1.5)% of turnover for more complex cases. This fee excludes legal setup costs and appropriate security documentation. All fees are processed by Click IT Online Ltd our UK agents. All UK transactions are based on US dollars and converted into UK pounds and are subject to the prevailing exchange rate.
16) Termination: All contracts can be terminated by providing us with one months written notice. The Plans are not insurance policies and as such have no investment element, consequently no cash in value at the end of the agreed term. (All plans are subject to application details and approval).
Online Offer & Declaration Terms For:
Business & Personal Insolvency Cover Plans – Bizsafe & Housesafe Download Plans:
1. The information provided online and in any subsequent application is a true and complete answer regarding the financial circumstances of you /your business.
2. WestCorp cannot be held responsible for omissions or errors entered into by you the client on the Quote line or Bizsafe or Housesafe application forms /links that may result in any securities being challenged or reduced.
3. You confirm that your instructions to us regarding any assets, property, or securities are not for the purposes of deceiving any bank, finance house, shareholders or any person or body that might have a legitimate interest in your personal financial affairs or trading business.
4. You instruct WestCorp to contract the preparation on any documents, securities, debentures, floating charges, guarantees, fidelity bonds or any such security instruments that may from time to time be required in the structure of your Business or Personal Insolvency Cover Plans or Bizsafe & Housesafe Download Plans
5. All or any documents, contracts or securities prepared by WestCorp’s acting solicitors are based on the information supplied by you the client and as such any omissions or errors may lead to a striking out against such securities in place for the protection of accrued assets listed within your Business & Personal Insolvency Cover Plan or Bizsafe & Housesafe Download Plans.
6. It is also a material fact that you are/ the company/ business is solvent in terms of all statutory requirements within the Acts of the United Kingdom as they currently apply for individuals (Sole traders & Partnerships) and Companies (Under the Companies Acts) and that this applies to any legislative changes within 12 months of signing an agreement with WestCorp and that by ordering via InstantCover online or by e-mail application or fax or written application or purchasing our downloadable Bizsafe or Housesafe products you confirm that you/your business/the company is solvent in terms of the current legislation effective throughout the United Kingdom and immediately upon the date of signing your Business or Personal Insolvency Cover Plan or Bizsafe or Housesafe Download Plans.
7. You also accept and understand that in the event of you/the business/the company/being insolvent of the date of signing your Business or Personal Insolvency Cover Plan or Bizsafe or Housesafe Download Plans that in the event of any future challenge being made to the various contracts/securities being entered into, by an Administrator, Receiver or Liquidator (Companies) or Trustee (individuals & partnerships) of the trading entity, no defence will be available to any challenge made to the granting of said contracts, securities, Bond & floating charges, Debenture, letters of Hypothecation or assignations granted or any other documents created within the Business or Personal Insolvency Cover Plan or Bizsafe & Housesafe Download Plans. If at the date of signing you/the business/company is insolvent under current prevailing legislation within the United Kingdom.
8. You agree to immediately inform WestCorp its management, agents or acting solicitors in writing of any changes to the material information provided on your application, additional application details maybe requested on a separate form. You understand that failure to complete same may affect your Business or Personal Insolvency Cover Plan or Bizsafe & Housesafe Download Plans proposal.
9 (i) All Bizsafe or Housesafe downloadable plans are sold as bespoke plans and as such legal securities and registrations are completed by the client purchasers unless they request and authorise WestCorp to complete a full Bizsafe or Housesafe plan format on their behalf. Additional cost tariffs associated with a full service or monthly premium service can be accessed by contacting WestCorp admin directly.
9a) WestCorp use the term underwrite/underwriting and as such defines this term specifically as "Supporting or agreeing to a decision or statement/s" provided by the client/purchaser/s. The use of these term/s within our website and literature signify the process that WestCorp use to assess the eligibility of clients to receive our product/s. WestCorp at no time assumes any financial responsibility or guarantees against the failure of any Bizsafe or Housesafe or IC Plan. WestCorp further states that these products are NOT insurance policies, and do not protect against a company or person becoming insolvent by their own actions. WestCorp further states that these products have no cash in value and are subject to the validity of the facts provided by the client/purchasers.
10. You acknowledge that WestCorp will hold and process by computer or otherwise, information accrued about you/the business/company as a result of your Business or Personal Insolvency Cover Plan or Bizsafe & Housesafe Download Plan application.
11. You agree that WestCorp will act on your/ the business/ companies behalf in respect of the submitted application provided you/the business/ company agrees to; (i) Follow our advice in respect of the application. (ii) Make all payments due in accordance with your agreement. By either credit card or monthly direct debit or standing order or single one off payment. Default payments will be charged at 5% of any monthly premium. (iii) Any default beyond 14 days will constitute a breach of terms and conditions. (iv) Any default not settled within 14 days will lead to the (IC Plan) being terminated and a new application maybe requested together with an administration fee (v) You/ the business/ company agree to WestCorp’s terms and conditions as they apply in their entirety.(vi) All monthly contracts are quoted for between 1 - 25 year term. The contract can be terminated at any time by you the client or business giving WestCorp one months notice. (vii) As the Business or Personal Insolvency Cover Plan or Bizsafe & Housesafe Download Plans are not an insurance policy no surrender value is accrued. If the monthly (ICP) is cancelled within 12 months WestCorp reserves the right to charge a minimum admin/processing fee as a percentage of asset values covered. By signing an agreement you /the business/ company hereby expressly consent to allow WestCorp and its appointed agents, to make any such enquiries that it deems necessary in respect of your application. All information is treated in the strictest confidence.
12. Our underwriting criteria is based on the information provided by you the client/ business company and is subject to the trading/status of you/ the business/ the company. WestCorp reserves the right to decline any application.
Specific terms and conditions:
For WestCorp - Insolvency Referral Services:
It is a condition of our terms that all IRS subscribers provided with our referral data market such data in the manner detailed below over a 3 week period in order to maximise the potential for conversion and sustain a 7% conversion rate as well as be eligable for our 60 day guarantee offer. Also if subscribers subsequently achieve that target over a 12 month period from a returning client then we ask that you re-credit our account to the equivalent replacement referral values.
It is also a condition of purchase that you do not transfer and sell our data to any third party without first requesting our permission. All data provided is of an opt in nature and compliant with current legislation.
WEEK 1 - Contact the client by letter detailing your services and history, providing appropriate corporate literature and offering a first consultation for free.
WEEK 2 - Follow up email to the client again emphasizing your provision of service and availability to advise and assist.
WEEK 3 - Follow up telecom with client detailng previous communications and highlighting experience and professional approach offered by your firm.
1) DEFINITIONS
1.1) ‘We’/‘Us’/’Our’ This refers to us as a business, this includes TLE, IRS and all other agents or sibsidiaries acting for westcorp-uk.com and this also includes partner companies to which we provide products and services on their behalf in accordance with these terms and conditions. Partner companies include but are not limited to WestCorp Group USA UK and Asian companies.
1.2) ‘You’/‘ Your’, The title ‘You’/’Your’ refers to you as individual purchaser user or recipient of a product or service from us and also you on behalf of your company and/or organisation. This also includes Network affiliates or introducers where applicable. By accepting these terms and conditions you are also accepting on behalf of the business/organisation which your represent.
1.3) ‘Partner companies’ Partner companies include but are not limited to group affiliates and other affiliated merchants and product providers (this includes but is not limited to lenders, insurers, and insolvency practitioners, accountants and solicitors).
1.4) ‘Introducer’/’Affiliate’/’Affiliate partner’/’Broker’ This refers to you as the introducing business or individual.
1.5) ‘Introduced client(s)’/’Client referral’ This would include any client passed from an introducer to us by any means.
1.6) ‘Westcorp Website Platform Links’/’DSUK - Live Link Demographic Domain Platforms’ This is the product name/s for our online client referral application form/system and associated products (such as banners and buttons and any additional software demographic platform applications provided by us).
2) REASONABLE ACCEPTANCE
2.1) (TLE) provide business services subject to the terms and conditions listed below. If you do not agree to the following terms and conditions please do not register or attempt to use any of its partner companies, including but not limited to its affiliated websites offer various online intelligent information exchange and transactional products and services to all parties who agree to abide by the terms and conditions. Access to westcorp-uk.com and its aforementioned partner companies is available to all parties from the financial services and industries provided they agree to these terms and conditions. The use of this site past the point of registration and purchase of BICP’s and PICP’s is deemed to be reasonable acceptance and agreement of these terms and conditions, including our WestCorp online addended terms.
3) INDEMNITY:
3.1) Purchasing from this site is seen as an agreement to be legally bound by the terms and conditions and as such you shall indemnify and hold the westcorp-uk website and all staff involved harmless from all alleged or actual damages, loss, claims and expenses relating to any warrant, guarantee or representations made by westcorp-uk.com, it's partner companies or by merchant or affiliate providers. This includes, but is not limited to, any legal fees.
3.2) We accept no liability for any products or services; particularly web-based which are added to an external business system/website. By agreeing to these terms and conditions you indemnify and hold us or our associates harmless for any failure in software, products or services which our held, used or operated on any external website or system (this includes but is not limited to our afiliate Links and products).
4) DISCLAIMER:
4.1) This is a 'public access' website, it is a condition of use of this site and the materials and tools within it that any use is at the users own risk. We give no representation or warranty as to the accuracy of the content of the site and assume no responsibility for any errors or omissions within it. We also accept no responsibility for the effect this site has on your computer link. We disclaim all liability in respect of such information received, posted or quoted from other sites or affiliates. Neither westcorp-uk.com nor any of the administrators, editors, contributors or other staff shall be liable for any loss or damages suffered as a result of any use, misuse or inability to use this site, including but not limited to direct losses, consequential loss and loss of any profits or other economic loss whatsoever.
4.2) We also disclaim any loss resulting from reliance on any network content or resulting from any interruptions, work stoppages, computer failures, communication failures, deletion of files, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind.
4.3) This website acts solely as a marketing and sales website to attract the business of individuals and professionals and, as such, the owners, directors, employees or agents of this site are unable to offer any financial advice. Clients should satisfy any further queries they may have by seeking independent legal advice about our products and services. Information contained on the website does not form the basis of any contract. Business or financial decisions should not be based solely on the information contained within this website and as such we disclaim any risk or loss occurring through dependency of the information within this site.
5) AVAILABILITY OF SERVICE:
5.1) We do not warrant or guarantee that the westcorp-uk.com website and its associate sites will be uninterrupted or error free at any time.
5.2) At any time it may be necessary for maintenance or for other purposes to restrict or withdraw service availability, we reserve the right to do this at any time without prior notice.
5.3) We reserve the right to change formats, layouts and operating functions of any of our products on our systems, servers or website/s at anytime without prior notice, we also reserve the right to insist upon changes to products of services which originated from us; even if those are not held on our systems, servers or websites.
6) PERMISSIONS AND AUTHORITY – FOR INTRODUCERS.
6.1) If you are an authorised introducer you are authorised to introduce client referrals to us using our products and systems.
6.2) If you are an authorised introducer you are permitted to advertise and distribute materials which we provide to you. You are only permitted to use our names, logos, images, brands or trademarks with our express written consent.
6.3) You will not be permitted to do any of the following…
6.3.1) You will not represent our business or any of our brands.
6.3.2) You will not give advice, recommendations or opinions about any of our products or services to third parties as though to be representing us.
6.3.3) You will not distribute any marketing or other literature or stationary from us to any third parties without express consent from us that this action is acceptable, in each instance of distribution or use consent will be required each time.
6.3.4) You will not distribute or transfer any document/s or stationary of our partner companies as in 1.3.
6.3.5) You will not transfer data, client information, applications, personal data to us from any other source than your own and proof of ownership or your agreement with the referred client to pass on their information may be requested by us at any time.
6.3.6) You will not represent a customer/referred client at any point, or submit to us information for a client/s which you no longer deal with or have not dealt with within the last 6 months.
6.3.7) You will not re-sell, re-brand or charge for our products or services without our express consent.
6.4) Nothing in this agreement/terms and conditions will require us to accept an application, client referral or business offer.
6.5) You authorise us to offer to the client any product or service which would fit within the clients needs or request.
6.6) You authorise us to make and maintain contact with a client referral for as long as we see fit, this includes the following areas of contact.
6.6.1) Offering of products and services from all areas.
6.6.2) Survey and research.
6.6.3) Marketing and development.
6.7) You will not:
6.7.1) Assign or delegate any part of this agreement to any third party.
6.7.2) Assign responsibility for any part of this agreement to any third party.
7) ON-LINE CONDUCT:
7.1) Users shall not engage in any conduct that restricts any other user from using the services offered by westcorp-uk.com and our associates. All Users agree to use westcrp-uk.com only for lawful purposes. Users shall not post or transmit through westcorp.com and its online network platforms any unlawful, defamatory, libellous, vulgar, obscene, abusive, harassing, harmful, threatening or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence.
7.2) We reserve the right to withdraw any on-line products, services or accounts at any time without prior notice.
7.3) You will not copy our website data or content without our express consent, westcorp-uk Links product use consent is given within the confines of this agreement.
8) REGISTRATION:
8.1) The user must always use their real name and/or trading name upon registration and in further contact with westcorp-uk.com and its partner companies the user will remain solely responsible for the materials created by or messages sent by a user to or via westcorp-uk.com. The user understands and agrees that if any of these conditions are not met then the account may be terminated or be liable for any legal costs or proceedings that may occur due to misuse.
9) TERMINATION:
9.1) Westcorp-uk.com reserves the right to terminate or suspend this agreement, without notice, for any reason, qualified or otherwise. A user may terminate this agreement at any point but only via a written request with thirty days notice. Dispute of account termination can be lodged with westcorp-uk.com.
9.2) Either Party will have the right to cancel this agreement with immediate effect in the event of evidence or reasonable suspicion of the following circumstances in respect of the other:
9.2.1) Fraud. 9.2.2) Civil/criminal charges material to the operation of the business under the terms of this Agreement.
9.2.3) Any breach of this Agreement.
9.3) In the event of death, bankruptcy, winding up or making an arrangement or composition with creditors, becoming resident outside the United Kingdom or (being a company) changing its place of registration or have its ownership or control altered without prior notice, this agreement will automatically come to an end.
10) PRIVACY AND DATA PROTECTION:
10.1) Westcorp-uk.com does not collect personal information from clients or affiliates of westcorp-uk.com or partner companies unless those parties have explicitly given such information to westcorp-uk.com via the completion of an Application Form or through contact with a westcorp-uk.com employee or agent.
10.2) Information shall not be transferred to third parties or merchants without the express permission of the client and then shall only be transferred to merchants deemed suitable by westcorp-uk.com.
10.3) You will not pass on, transfer, inform, replicate, copy, sell, trade, or donate any product, service or information to any third party without our prior written consent.
10.4) You will make every effort to handle client referral information and data with the highest regards for data security and within the confines of the information commissioner’s office and any other governing body.
11) GENERAL
11.1) Save where the context otherwise requires, a person who is not a party to this agreement shall not be entitled to enforce any of the terms of this agreement under the contracts (Rights of Third Parties) Act 1999.
11.2) If a term, covenant, provision or condition of this agreement become, or shall be held by any court or competent jurisdiction to be against public policy or illegal in any way, all remaining provisions of this agreement shall remain in full force and effect and unaffected, impaired or invalidated by this decision. The invalidated item shall be modified by the parties to the fullest extent possible to carry out all the intentions and directives stated in this agreement.
11.3) You will hold and maintain a valid consumer credit licence and abide by the rules and regulations of the office of fair trading.
11.4) You will abide by the applicable rules and regulations of the FSA (Financial services authority) and any other relevant governing body.
12) NOTICES:
12.1) Each party shall notify the other immediately in writing of any changes to it's circumstances including but not limited to changes of name or address, legal entity, trading status, engaging other business activities, change in related regulated activities or other material facts.
12.2) Any notice, document or stationary to be given under this agreement shall be in writing and shall be sent by first class post or other means possible or by facsimile transmission to us, at our registered office and in the case of the Introducer either to the address shown our contact page at westcorp-uk.com or to the Introducer's last known place of business.
12.3) You will notify us of any information or instances related either directly or indirectly to us where you can provide evidence or not of any instances of the following:
12.3.1) Breach of this agreement.
12.3.2) Breach of this agreement by another person, company, or affiliate business which may be held under this agreement.
12.3.3) Fraud.
12.3.4) Criminal or unlawful activities/behaviour.
12.3.5) Money laundering.
12.3.6) Non compliance with regulatory or governing bodies.
12.3.7) Misrepresentation, whomever it may concern.
13) JURISTICTION
13.1 This Agreement shall be subject to the laws of England and Wales & Scotland where pertinent and the Parties irrevocably submit any dispute arising out of or in connection with this agreement to the exclusive jurisdiction of the Courts of England and Wales. Unless the purvey of agreement is entered into with Scottish clients then the applicable governing law will apply.
14) COMPLIANCE
14.1) Both Parties will comply with all legal and regulatory requirements as are applicable to their obligations under this agreement and will co-operate fully with each other for the purpose of such compliance.
14.2) You will in the event of any investigations or enquires provide for the purposes of compliance any data which may be deemed by us as relevant for such an investigation. These investigations include but are not limited to fraud, criminal behaviour, non-compliance, breach of this agreement, money-laundering, or misrepresentation.
15) COMMISSIONS AND TERM OF PAYMENTS
15.1) We agree to pay for any introduced clients or business to us, the amounts paid for each product or service will be made available via our website or verbally via staff.
15.2) Any proposed commission amount will not be final until such a time as we contact you with a completed commission figure and pay date, until such time any commissions are subject to change and we reserve the right to change commission at any time with prior notice.
15.3) We will initiate transfer of money via bank transfer or cheque to you within 48 hours of your referred/introduced client’s application being successfully validated. Each product/service has different validation requirements and definitions of a validated referral can be found on our website or verbally via staff. The time taken for transfers/cheque to reach you may vary dependant on bank, area, account type and you will not hold us responsible for transfer time beyond the point which we initiate such a transfer.
15.4) Any payments or commissions will be made payable to the name, business name or trading style referred to on your consumer credit licence or provided and agreed by a at the point of registration.
15.5) In conjunction with 15.4, should it become the case where you do not have a valid consumer credit licence we reserve the right to withhold any payments/commissions and terminate this agreement without recourse.
15.6) You will ensure that you supply us with and maintain correct payment/account details to which to make payment, you will not hold us responsible for any payments made correctly by us to any account wrongly supplied/not updated by you.
16) PURCHASES AND TERMS OF SALE
16.1) We agree to refer client information to you as per the client’s needs approval and requests upon purchase and payment of such a product, service or information.
16.2) Until payment is made we are under no obligation to transfer/supply any product or service to you, despite any other written agreement. This includes notes of promise or letters of intent.
16.3) Information supplied by us will be to the standard, accuracy and content as specified by our website. Although we often supply more information we are only bound by the minimum requirements outlined by our website. Products and services may reflect a variation of information supplied. We reserve the right to change the informational content of our referrals at any time prior to any purchases. This does not affect your rights under the consumer credit act for goods already purchased.
16.4) You will only use the information supplied by us for the purpose for which it was supplied, if you use the information for any other purpose you agree to pay us the applicable market value for that information in respect of any other product or service transferred to a third party. Should we provide evidence of such an occasion then we will invoice you for the applicable cost and under the terms of this agreement you agree that you will be liable for such costs. Should you fail to pay such a cost we reserve the right to pursue by any means to recover such costs from you in addition to any cost incurred during the cost recovery.
16.5) For purchases of products or services of 5 items or more we reserve the right to extend or adjust any timescale for production/supply of any product, service or information. As standard; if not specified on your purchase agreement then our requirement to supply you with a purchased product is 30 days from the date of purchase.
16.6) For all purchases, our standard requirement to supply a product, service or information shall be; unless stated on your purchase agreement; 30 days from the date of purchase. Purchases are issued as they are completed, distribution of products are subject t volume, if ordered/pre-ordered products are not completed within a specific time frame: day/week/month, then we will continue distribution into the following and proceeding month/s until the order is complete.
16.7) We reserve the right to halt the supply of any product, service or information to you should we feel you have in anyway or part breached these terms and conditions.
16.8) We reserve the right to halt the supply of any product, service or information to you and provide a full refund of spend for any reason we deem necessary.
16.9) The prices which we charge vary for each product and service and are made available through our website or verbally via staff. These prices may be subject to change at any time without prior notice, any offers or marketed prices will be enforced and shall negate this point but shall only be applicable until the specified date/time of the offer/marketed documentation provided.
16.10) We reserve the right to withdraw any product from offer or sale at any time without prior notice.
16.11) Should you have any reason to complain about our service/s then this should be registered in a formal manner firstly to your acting manager or directly to our admin centre by e-mail or in writing, outlining the full details of any complaint. We will endeavour to reply to any complaint within 14 days.
16.12) Any product/s, service or information sold is only sold under the terms of this agreement and applicable product/s descriptions apply, we do not promise or guarantee anything beyond what is stated. In particular client referrals supplied for application/use for particular financial products do not constitute a certain pass/acceptance of that application, you accept we are not required to refund or replace any product, service or information; in full or part; which is not directly specified as part of the sale by us.
16.13) Should we refund, replace or gift any product, service or information to you all terms and conditions apply in full and such an action will not imply a breach of these terms and agreement by us.
Click IT - Disclaimer & Legal Rights (Section) E-book Sales:
1.No Warranties. ALL WEB SITES PRODUCTS AND SERVICE E-BOOKS ARE PROVIDED, AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS IS THE ONLY WARRANT OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY OUR COMPANY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR COMPANY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO.
2.Customer Remedies: Our company's entire liability, and the purchaser's exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to thirty days. All remedies are limited to the UK.
3. Limitation & Exclusion Of Our Liability: These warranties exclude all incidental or consequential damages. Our company, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
4.Choice Of Laws & Official Language: This offering is a contract between you the buyer and our business, the seller. The seller is located in Manchester UK. By doing business with us you agree that this offering is made from Manchester UK. By electing to participate in this offer, you are entering into a contract. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the UK. In addition, you agree to submit to the jurisdiction of the courts of the UK and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the UK. The terms constituting this offering are set forth in writing on this Web site. You hereby agree to submit to the jurisdiction UK to resolve any disputes or litigation hereunder. Whether or not you choose to print this offering, containing the terms and conditions as described herein, you agree that this contract constitutes a writing. This agreement is being written in English, which is to be the official language of the contract’s text and interpretation. If you do not agree with the above terms and conditions, you have the option to not participate in this offer.
Copyrights: This Web site/s and information contains copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other Material whatsoever.
License/s: All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated by us. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product/s, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution against you.
EARNINGS & INCOME DISCLAIMERS:
ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY ESTIMATES OF WHAT WE THINK YOU COULD EARN, EXPRESSED WITHIN OUR SITES. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
WHERE WE USE SPECIFIC INCOME FIGURES , AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED THAT AMOUNT. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON THIS WEB SITE/S, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS.THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS. MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL. THERE IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL. INTERNET BUSINESSES AND EARNINGS DERIVED THEREFROM, HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL. ALL PRODUCTS AND SERVICES OFFERED BY OUR COMPANY ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONAL/S. CHECK WITH YOUR ACCOUNTANT, SOLICITOR OR PROFESSIONAL ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION.
USERS OF OUR PRODUCTS, SERVICES AND WEB SITE/S ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON THIS WEB SITE SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM. YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY OUR COMPANY, OR OUR COMPANY PRODUCTS OR SERVICES OR RELATED OR AFFILIATED COMPANIES.
Our company reserves all its rights that may not be expressly granted here.This agreement is made between Click IT Online who act as processing agents for westcorp-uk.com and the registering party using the online application form/s.
WestCorp Group - 2009 ©.
Westcorp - 4th Floor 59 Piccadilly Manchester M1 2AQ. Tel 0161 332 5034 Switchboard 0871 566 1503.
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