The terms and conditions set out herein apply to any agreement between Mercantile Equity and you to which Mercantile Equity will refer Qualified Mortgage Appointments and opportunities it has identified, in consideration for which you shall pay to Mercantile Equity the payments as specified in paragraph 4.4 of these Terms and Conditions.
1. Definitions
‘The Commencement Date’ - the start date specified in the Confirmation email.
'Confirmation email' - the email that is sent by Mercantile Equity to You confirming the start of your Campaign
‘Campaign’ - the order for Appointments authorised by You
‘Client’ or ‘Interested Party’ - the person or persons who wish to be contacted by You to receive advice on a mortgage
‘PDF’ - the form containing details of the interested party and the mortgage information they have provided as part of Mercantile Equity qualification process
‘Mercantile Equity’- Mercantile Equity or any of its Associated Companies
‘Territory’ - the predefined geographic post coded areas of England, Wales, Scotland and Northern Ireland
‘You’ or ‘Your’ - partnership, company, person or associated broker to whom the Appointment is delivered
2. Commencement
The Campaign shall commence on the date specified in the Confirmation email and shall continue until completed
3. Mercantile Equity’s Obligations
3.1 Appointments will be delivered to You by both SMS text and email between 9.30am – 20.30pm Monday – Friday and between 9.30am – 13.00pm on Saturdays.
3.2 Mercantile Equity reserves the right not to enter into an agreement with You, without explanation.
3.3 On acceptance Mercantile Equity will send out a Confirmation email that will start your Campaign.
3.4 Mercantile Equity will source leads through some of the websites powered by the Mercantile Equity comparison tables. Through its website comparison tool and telephone qualification Mercantile Equity will endeavour to obtain as much relevant information from the Client so that the Appointment is fully qualified.
3.5 Mercantile Equity will notify You without delay of any Appointment that a Client has Cancelled or rescheduled by both SMS text and also via the email address provided by You
3.6 Mercantile Equity cannot guarantee that the Appointment will be converted into business.
3.7 Mercantile Equity may contact a Client with regards the Appointment mechanism to obtain feedback on any matter.
3.8 Mercantile Equity will replace any Appointment that is returned so long as said Appointment does not breach paragraph 5
4. Your Obligations
4.1 Each Campaign must be for a minimum of 10 Appointments
4.2 Clients MUST NOT be contacted prior to any Appointment. Any contact with the Client will result in non replacement of a return in ALL circumstances should the Client subsequently cancel
4.3 You should make it clear to the Client that you are acting as an independent advisor and shall at no time present yourself as an agent of Mercantile Equity or the website that sourced the Appointment.
4.4 You shall pay the sum, as described in Mercantile Equity current price list www.mercantileequity.com/how_much.cfm demanded for each Appointment whether or not the Appointment is converted into business. Each Appointment, sent to You by Mercantile Equity, must only be serviced by yourself or representative of your partnership or company
4.5 You must comply with Mercantile Equity' replacement policy (paragraph 5)
4.6 In performing Your obligations under this agreement, in connection with Mercantile Equity, You shall act in good faith, exercise all the due skill, care and diligence that would be expected of a professional independent advisor. You shall ensure that Your conduct of business in connection with Mercantile Equity and the scheme shall comply with all applicable rules and requirements. You shall not act in a way that could have an adverse effect on the reputation of Mercantile Equity or the website from where the Appointment was sourced or any other company.
4.7 You must immediately notify Mercantile Equity of any revocation or alteration to any licenses, memberships and/or authorisations which may affect your ability to perform your obligations under this agreement.
4.8 In consideration of the introduction of Appointments, You agree to indemnify Mercantile Equity and all associated companies against all damages, claims, expenses and other costs incurred or as a result of the introduction of interested parties to you whether during or after the termination of this agreement.
4.9 It is the intention of the parties that the indemnity will continue to exist during any relevant limitation period not withstanding the termination of this agreement for any reason.
5. Replacement Policy
Mercantile Equity will only replace F2F Appointments that are returned through our web portal at www.mercantileequity.com within 72 hours (excludes Sunday) of the Appointment time where the:
5.1.1 Customer cancels
5.1.2 Customer does not show
5.1.3 Deal is unachievable (where you are unable to produce a compliant quote)
5.1.4 Customer is a Non UK Resident (no Visa or right to reside)
5.1.5 Customer is Unemployed
5.1.6 Tie in exceeds 3 months (except where client has agreed during qualification to pay redemption fee)
5.1.7 Customer has not seen a property (First Time Buyer and Home-movers Only)
Mercantile Equity will only replace Telephone Appointments that are returned through our web portal at www.mercantileequity.com within 7 days of the Appointment time where the:
5.2.1 Customer is a Non UK Resident (no Visa or right to reside)
5.2.2 Customer is Unemployed
5.2.3 Deal is unachievable (where you are unable to produce a compliant quote)
5.2.4 Tie in exceeds 3 months (except where client has agreed during qualification to pay redemption fee)
Mercantile Equity will NOT replace any appointments under any circumstances where the
5.3.1 Customer is unwilling to pay a fee
5.3.2 Customer stays with their existing lender
5.3.3 Broker cannot beat existing offer
5.3.4 Broker fails to do any business
5.3.5 Customer fails to proceed with any deal offered by the Broker
5.3.6 Broker contacts the customer prior to the appointment
5.3.7 Broker fails to attend for whatever reason
5.3.8 Broker has failed to update their diary correctly
6. Disclaimer
Mercantile Equity gives no warranties, express or implied, in respect of any information contained on websites powered by Mercantile Equity comparison tables and You agree to accept that the information is to Mercantile Equity reasonable standards and does not obviate the necessity of You checking all the information provided in giving advice to the Client.
7. Events beyond our control
Mercantile Equity shall not be liable to You for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our website resulting from any event or circumstances beyond our reasonable control including, without limitation, breakdown of systems or network access, fire, explosion or accident.
8. Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any dispute between us.
9. Unenforceability
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions
10. Exclusion of Third Party Rights
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.
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