|
|
|
Consultant » Terms & Conditions |
 |
|
|
|
- Definitions
- “Executive” means Customer Gathering Asociate (CGA) or Independent Distributor (ID) of Telecom Plus PLC;
- “We” or “Us” or “Our” or “Company” means Telecom Plus PLC and/or the Utility Warehouse as applicable;
- “You” means the person whose name appears under Executive details overleaf;
- The singular shall be deemed to include the plural where applicable;
- “Services” means the services made available or provided by us to our customers.
- Your Obligations as an Executive In consideration of us granting you the right to promote the Services in accordance with the terms of this Agreement
you agree:-
- 2.1 That the principal purpose of being an Executive is the promotion of the Services;
- 2.2 That you are wholly independent and that this Agreement does not create any employer/employee, agency, partnership or joint venture relationship. You understand that you have no power or authority to incur any debt, obligation or liability or to make any representations or warranties on our behalf;
- 2.3 You are responsible for your own decisions and expenditure and we will not be responsible for any loss, cost, claim or any liability relating thereto;
- 2.4 To comply with all government laws and regulations as may be applicable to your Telecom plus business activities, from time to time, and be responsible for filing all necessary returns and paying all income taxes, self employed national
insurance contributions and value added tax due in relation to your business and to keep such records as are necessary
to ensure the proper assessment and payment of tax;
- 2.5 To comply fully with the Company Policies and Procedures as set out in the Executive Pack or as otherwise notified by us to you from time to time;
- 2.6 To present and market the Services and business scheme ethically and professionally, and use your best endeavours
to promote the Services on a continuing basis. You understand that if you personally sponsor other Executives,
that you must use your efforts to provide bona fide support and training of such personally sponsored Executives in all
areas of the scheme, including, but not limited to ongoing contact, communication, encouragement and support;
- 2.7 That the use of media advertising for our Services or business is expressly prohibited except with our prior written approval
to whom copy must be submitted at least 10 working days before the intended publication or transmission date. Media
advertising includes but is not limited to newspapers, magazines, radio, television and the Internet;
- 2.8 To pay for all orders in one of the following ways: cash, bankers draft, credit card, debit card, direct debit, or personal
cheque and to ensure that sufficient funds are available to meet the cost of the transaction;
- 2.9 That any information that you give to us including information relating to you, your address and other details
will be retained by us on a computer database and may be used by us for such purposes as we may decide at our sole
discretion are in our best interests. You also acknowledge that we may disclose this information as we see fit and you
irrevocably consent to us retaining, processing and disclosing such information;
- 2.10 At all times to treat as confidential and in the nature of a trade secret the names of our Executives, which are held
and protected by us as confidential information, and not to use or disclose to any third party the Executive names and/
or organisational summaries provided by us to you or prepared by yourself which are solely and exclusively for
the benefit of your Telecom Plus business;
- 2.11 Not to make any claims, statements, representations or warranties relating to us, our Services or method of
operation, which are not contained in our literature;
- 2.12 Not to acquire a simultaneous beneficial interest(s) in more than one Executive position without our prior written consent;
- 2.13 Not at any time to make unauthorised use of our copyright, trademarks, tradenames, slogans, symbols and colour
schemes without our prior written permission, save that you shall be entitled to use our official marketing materials,
sample Products and any advertising which is provided or sold to you by us from time to time;
- 2.14 Not to participate in a business scheme promoted by any other Company whose Services compete either directly or
indirectly with the Services offered by us.
- Renewal and Termination
- 3.1a A monthly renewal fee is payable with effect from the first anniversary of this Agreement as follows:-
Independent Distributor
- If your monthly commission (net of any other deductions) exceeds £2, then a renewal fee of £2 will be deducted by the company; or
- If your monthly commission (net of any other deductions) is less than £2, then a renewal fee of £3 will be collected using the direct debit details set out overleaf or as subsequently notified to us. Customer Gathering Associate
- A monthly renewal fee of £2 will be added to your customer account. In the event your customer account is closed at any time, then this agreement will terminate with immediate effect.
- 3.1b In the event that your bank refuses to pay any direct debit for any reason, we shall be entitled to terminate this Agreement forthwith.
- 3.2 During the term of this Agreement or any renewal thereof, or for a period of 90 days after the termination of this Agreement for any reason whatsoever, you agree not to take or encourage any action or make any statement the purpose or effect of which would be to interfere with the Company’s contractual relationship with any other Executive and without prejudice to the generality of the foregoing, not to directly or indirectly contact, solicit, entice, sponsor or accept any Executive into opportunities in schemes in any company other than ourselves or to cease being an Executive;
- 3.3 You may terminate this Agreement at any time by giving 14 (fourteen) days written notice to us; 3.4 We reserve the right to terminate this Agreement at any time forthwith upon giving written notice to you that we have reasonable cause to believe you have acted in contravention of the terms of this Agreement or otherwise against the best interests of the Company;
- 3.5 You may dispose of your position as an Executive in any manner allowed by law subject to our prior written approval and in accordance with the Policies and Procedures. Any such sale, assignment or other transfer will not be valid until we have given written notice of the date from which the sale, assignment or transfer will be authorised. An administration fee is payable on every transfer;
- 3.6 You have the right within a period of 14 (fourteen) days of entering into this Agreement to cancel the Agreement without penalty by notifying us in writing. If you return the Executive Starter Pack to us, together with any additional marketing materials purchased within that period which remain unused, then provided that such unused goods are returned within 7 days of your notifying us as aforesaid, in the same condition in which they were sold to you (save only in respect of any external wrappings which may have been broken) then we will refund any monies paid by you to us in respect of such Executive Starter Pack and marketing materials;
- 3.7 Where you terminate this Agreement more than fourteen (14) days after entering into it pursuant to Clause 3.3 above, you have the right to return to the Company any marketing materials you have purchased within a period of 90 days prior to such termination and which remain unused and in the same condition in which they were sold to you (save only in respect of any external wrappings which may have been broken), and to receive from the Company the price (inclusive of VAT) which you paid for such marketing materials, less a handling charge of 25% of the price paid. This does not include the £25 CGA joining fee;
- 3.8 If this Agreement terminates pursuant to Clause 3.4 above, or as a result of you not having renewed your position as an Executive pursuant to Clause 3.1 above, then we will be under no obligation to repurchase any marketing materials purchased by you prior to the date of termination and any CGA discount will cease forthwith;
- 3.9 We shall be entitled to request proof of ownership, (e.g: a copy of our sales invoice to you) for any marketing materials that you require us to buy back in accordance with this Agreement.Payment of refunds may at the Company’s option be made in the same form as the original payment.
- Companies and Partnerships
Companies and Partnerships may become Executives in accordance with the Policies and Procedures.
- 4.1 This Agreement must be signed by an authorised officer of the Company or Partnership and must be returned to us together with a list of names of the Directors, Secretary and Shareholders of the Company or Partners in the Partnership, and a copy of the Certificate of Incorporation and most recent accounts of the Company;
- 4.2 Company Directors or Shareholders (or Directors or Shareholders of Associated Companies), or Partners in a Partnership must not have been Executives throughout the 90 day period immediately prior to entering into this agreement, save that this sub-clause shall not apply to an Executive who wishes to change his status from being an individual Executive to a Corporate Executive or Partner in a Partnership directly under the same sponsor and with the same Executive ID;
- 4.3 This Agreement shall be voidable forthwith at our option in the event of a change in the ownership, management or control of a Corporate Executive.
- Our Obligations to you and your rights as an Executive We will make available the marketing materials for purchase by you in accordance with the Policies and Procedures and Compensation Plan as contained in the Executive Starter Pack.
- 5.1 You may market and promote the Services and the business opportunity to anyone residing in any country where Telecom Plus operates. No Executive will be given an exclusive territory or an exclusive Executive franchise.
- 5.2 We will use our reasonable endeavours to supply you with all the marketing materials ordered by you within a reasonable period of time from receipt of your payment. We reserve the right to alter the price of the marketing materials from time to time by giving written notice to you and any such change will be effective on the date specified in the notice.
- 5.3We will not accept any order from you and no sale of goods will be made to you in excess of the £200 maximum limit until the expiry of 7 (seven) days from the effective date of this Agreement.
- 5.4
- In respect of Independent Distributors only: We will promptly pay any commission due to you in accordance with the Compensation Plan as contained in the Executive Starter Pack and amended by us from time to time.
- In respect of Customer Gathering Associates only:
We will credit your customer account with all discounts you are entitled to receive in accordance with the Compensation Plan as ammended by us from time to time, provided that your customer account is not in arrears and is being paid by direct debit.
- Waiver
Failure or delay in exercising any right under this Agreement on our part shall not operate as a waiver thereof.
- Conflict
In the event of any conflict or inconsistency between this Agreement, the Compensation Plan, and the Policies and Procedures and any other document referred to herein the terms of this Agreement shall prevail.
- Notices
Any notice given under this Agreement may be delivered personally or sent by first class recorded delivery post to the address of the other party set out in this Agreement or to such other address as shall have been notified from time to time in writing by one party to the other. In respect of any notice given by you to terminate this Agreement the period of notice shall, when given by post, start to run from the day when such notice is posted by first class recorded delivery post to us.
- Severability
If at any time any provision of this Agreement shall be found to be illegal, unenforceable or invalid in whole or in part the remaining portions of such provisions and other provisions of this Agreement shall continue to be binding and in full force and effect.
- Force Majeure
This Agreement shall be terminated without liability on either party in the event that either party is prevented from complying with their obligations hereunder due to circumstances beyond their reasonable control.
- CGA’s
Clauses 2.4, 2.6, 2.10, 2.14, 3.2, 3.5 and 4 above are not
applicable to CGA’s.
- Governing Law
This Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
Statutory warning
It is illegal for a promoter or participator in a trading scheme to persuade anyone to make a payment by promising benefits from getting others to join the scheme. Do not be misled by claims that high earnings can be easily achieved.
|
|
|
