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1 INTERPRETATION
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions
"Agreed Purposes" means the Partner providing quotation(s) for the supply of the Services to a Customer identified in a Lead.
"Business Day" means a day (other than a Saturday, Sunday or public holiday) on which banks are open for the transaction of business in sterling in the City of London.
"Commencement Date" has the meaning given to it in clause 2.1.
"Conditions" these terms and conditions as amended from time to time in accordance with clause 14.10.
"Content" means any content uploaded by or on behalf of the Partner, to the Partner's Lead Manager account.
"Contract" means the contract between Compare My Move and the Partner for the provision of Leads in accordance with these Conditions.
"Credit" means a credit to the account of a Partner in accordance with this Contract in respect of a Duplicate Lead or an Invalid Lead. Such credit shall be as determined by Compare My Move with respect to the Lead in question and such credit may not be "cashed in" or otherwise claimed or used by a Partner and may only be used to offset payment against any Lead supplied in future by Compare My Move.
"Customer" means the person(s) identified in a Lead who wish to receive a quotation(s) from the Partner for the supply of the Services.
"Customer Personal Data" means as defined in clause 6.2.
"Compare My Move" means Compare My Move Limited (company number: 08247219) whose registered office is at Hodge House, 114-116 St Mary Street, Cardiff, CF10 1DY or any other company that Compare My Move Limited may elect to provide Leads to the Partner.
"Data Protection Legislation" means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications). The terms controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures shall each be as defined in the Data Protection Legislation.
"Duplicate Lead" means a Lead supplied by Compare My Move to a Partner that contains identical information to that of another Lead supplied by Compare My Move to that Partner at any time in the preceding 20 Business Days.
"Force Majeure Event" means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions.
"Invalid Lead" means a Lead supplied by Compare My Move to a Partner that contains incorrect information supplied by a Customer to Compare My Move that results in a Partner not being able to contact that Customer by both email and telephone.
"Lead(s)" means an enquiry that has been sent to the Partner for the provision of the Services.
"Lead Manager" means Compare My Move's online platform made available to the Partner, as updated from time to time.
"Postcode Coverage" means the postcode areas specified within a Partner's Registration Form for which they wish to receive Lead(s) in respect of and as updated from time to time in accordance with this Contract.
"Primary Contact" means the person(s) specified on the Partner's registration form as the person(s) through whom all communications between the Partner and Compare My Move under this Contract are to be channelled as updated from time to time in accordance with these Conditions.
"Partner" means the person or firm set out in the Registration Form.
"Permitted Recipients" means the Partner and the employees of the Partner, engaged to perform obligations in connection with this Contract.
"Registration Form" means the registration form completed by the Partner and submitted to Compare My Move, for the provision of Leads.
"Returns Policy" means Compare My Move's return policy for any Invalid or Duplicate Leads (as updated from time to time) a copy of which can be accessed via the Lead Manager.
"Services" means the services set out in the Registration Form which the Partner is able to provide to Customers.
"UK GDPR" has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
1.2 Interpretation
(a) A reference to legislation or a legislative provision (i) is a reference to it as amended, extended or re-enacted from time to time; and (ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email but not fax.
2 BASIS OF CONTRACT
2.1 The Partner shall complete theRegistration Form, at which point and on which date the Contract shall come into existence ("Commencement Date").
2.2 These Conditions apply to the Contract to the exclusion of any other terms that the Partner seeks to impose or incorporate, or which are implied by law, trade customer, practice or course of dealing.
2.3 In addition to the general terms and conditions set out in this Contract, the Partner shall also comply with such additional terms and conditions that are set out in the schedule applicable to the Services provided by the Partner. In the event of any conflict or inconsistency between these Conditions and the Schedule, the Schedule shall prevail.
2.4 Verification process:
2.4.1 following completion of the Registration Form, Compare My Move shall undertake various background checks on the Partner. The Partner agrees to co-operate fully with such background checks and to provide all necessary information and documentation as requested by Compare My Move, which may include any or all of the following:
2.4.1.1 copies of the Partner's insurance policies;
2.4.1.2 a form of photo identification for the beneficial owners of the Partner (e.g. passport or driving licence);
2.4.1.3 the Partner's standard terms and conditions; and
2.4.1.4 proof of any trade association membership, if applicable; and
2.4.2 upon the successful completion of the background checks as confirmed by Compare My Move in writing, Compare My Move shall provide the Leads, and the Partner shall be entitled to receive the Leads and utilise the Lead Manager, in accordance with the terms of this Contract.
3 SERVICE
3.1 Compare My Move shall send Leads to the Partner in respect of their Postcode Coverage.
3.2 Compare My Move shall deliver Leads to the Partner using one or more of the following methods (the "Delivery Method(s)"):
3.2.1 Compare My Move shall send Leads:
3.2.1.1 directly to the Primary Contact via email (such contact details being initially set out in the Registration Form and as updated from time to time via the Partner's account on Lead Manager) or such other additional email address of the Partner, as notified to Compare My Move in writing (either directly or via Lead Manager) from time to time; and
3.2.1.2 to the Partner through Lead Manager.
3.2.2 Compare My Move is also able to provide Leads to the Partner via a secure webhook, in which case, the following provisions shall apply:
3.2.2.1 the webhook is made available to the Partner via Lead Manager;
3.2.2.2 the Partner shall be responsible for setting up and maintaining a secure webhook endpoint to receive Leads; and
3.2.2.3 Compare My Move shall provide the Partner with the necessary technical specifications and documentation (either directly or made available on Lead Partner) to configure the webhook; and
3.2.2.4 subject to the terms of this Contract, Compare My Move shall deliver Leads to the Partner in real-time (or as close to real-time as technically feasible) as and when new Leads are available.
3.3 A Partner can amend the type of Leads it wishes to receive, including but not limited to, adding or removing any postcode area from its Postcode Coverage by updating its account on Lead Manager.
3.4 The Partner agrees and acknowledges that the contact information provided for the Primary Contact within its Registration Form is correct. The Partner shall be entitled to update the Primary Contact details via its account on Lead Manager.
4 LEAD PURCHASE AND LIMITS
4.1 Subject to clause 2.4, the Partner shall be able to purchase Leads and set the amount of Leads the Partner wishes to receive by updating its account on Lead Manager ("Lead Quantity"). The Partner may select a daily, weekly, or monthly limit for Lead delivery. The minimum Lead Quantity shall be five (5) Leads per day.
4.2 Compare My Move shall use its reasonable endeavours to meet the Partner's Lead Quantity requirements. However, Compare my Move cannot guarantee the number of Leads that will be sent to the Partner. Any Leads are sent at the sole discretion of Compare My Move.
4.3 Each Lead will contain the following information:
4.3.1 Customer name;
4.3.2 contact details (e.g. email address and/or telephone number); and
4.3.3 a brief description of the services required.
4.4 Compare My Move will send each Lead to no more than six (6) Partners. Where there are more than the above set amounts of Partners eligible to receive a Lead, Compare My Move will select the relevant number of the eligible Partners entirely at random.
4.5 A Partner will be deemed 'eligible' if:
4.5.1 it provides the Services which the Customer requires; and
4.5.2 the Customer is located in the Postcode Coverage selected by the Partner.
4.6 The Partner is in no way whatsoever permitted under this Contract, whether directly or indirectly, disclose any Lead, or any Customer details contained within a Lead, to any third party whatsoever. Failure to comply with this clause may result in Compare My Move terminating this Contract.
4.7 A Partner can change the Lead Quantity by updating its account on Lead Manager.
4.8 Compare My Move does not in any way whatsoever guarantee:-
4.8.1 that a Lead may actually result in a Customer contracting with or otherwise engaging the Partner to which a Lead has been supplied;
4.8.2 a Customer's level of interest;
4.8.3 a Customer's desire to have the work detailed in any Lead carried out;
4.8.4 a Customer's creditworthiness or their ability to pay; or
4.8.5 the accuracy of the information provided by any Customer.
4.9 Compare My Move does not accept any responsibility to the Partner for:-
4.9.1 contracts that the Partner enter into with Customers;
4.9.2 any payments agreed to be paid by Customers to the Partner; or
4.9.3 any disputes that may arise between the Partner and a Customer.
5 INVALID AND DUPLICATE LEADS
5.1 In the event of the provision by Compare My Move of either:
5.1.1 an Invalid Lead; or
5.1.2 a Duplicate Lead,
to the Partner, the Partner shall, subject to complying with the terms of the Returns Policy, be entitled to a Credit in respect of that Invalid or Duplicate Lead.
5.2 There will be no right to any Credit in the event that Compare My Move is notified of any Invalid or Duplicate Lead after the aforementioned five Business Day period has lapsed.
5.3 For the avoidance of doubt, a Credit is the sole remedy for any Invalid or Duplicate Lead and no refund of cash or any other payment on any account whatsoever shall be payable by Compare My Move to the Partner and no damages may be claimed.
6 DATA PROTECTION
6.1 Both parties will comply with all applicable requirement of the Data Protection Legislation. This clause 6 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.
6.2 In registering with Compare My Move in order to receive Leads the parties acknowledge that Compare My Move may disclose Personal Data of Customer(s) ("Customer Personal Data") to the Partner for the Agreed Purposes, and for the purposes of the Data Protection Legislation, Compare My Move is the controller and the Partner is the Processor. Schedule 1 sets out the scope, nature and purpose of processing by the Partner, the duration of the processing and the types of personal data and categories of data subject.
6.3 Without prejudice to the generality of clause 6.1, the Partner shall, in relation to any Customer Personal Data:
6.3.1 process the Customer Personal Data only for the Agreed Purposes;
6.3.2 not disclose or allow access to the Customer Personal Data to anyone other than the Permitted Recipients;
6.3.3 ensure that all Permitted Recipients are subject to written contractual obligations concerning the Customer Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this Contract;
6.3.4 ensure that it has in place appropriate technical and organisational measures, reviewed and approved by Compare My Move (where requested), to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
6.3.5 not transfer any personal data received from Compare My Move outside the United Kingdom without the prior written consent of Compare My Move;
6.3.6 not appoint any third party sub-processor without the prior written consent of Compare My Move;
6.3.7 assist Compare My Move in complying with all applicable requirements of the Data Protection Legislation and in particular, the Partner shall:
a. provide Compare My Move with reasonable assistance in complying with any data subject access request;
b. not disclose or release any Customer Personal Data in response to a data subject access request without first consulting Compare My Move;
c. assist Compare My Move, at the Partner's own cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators where such matters relate to or concern the Partner;
d. notify Compare My Move without undue delay on becoming aware of any breach of the Data Protection Legislation;
e. at the written direction of Compare My Move, delete or return Customer Personal Data and copies thereof to Compare My Move on termination of these Contract unless required by law to store the personal data;
f. use compatible technology for the processing of Customer Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
g. maintain complete and accurate records and information to demonstrate its compliance with this clause 6 and allow for audits by Compare My Move or its designated auditor; and
provide Compare My Move with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with the Data Protection Legislation.
6.4 The Partner shall indemnify Compare My Move against any losses, liabilities, claims, actions and damage that Compare My Move may incur as a result of the Partner's breach of this clause 6 above or the Data Protection Legislation. Failure to comply with this clause may result in Compare My Move terminating this Contract.
7 ACCOUNT TYPES
7.1 The Partner shall have a Flexi Account, which includes the following:
7.1.1 the Partner can purchase Leads on a pay-as-you-go basis;
7.1.2 the minimum Lead Purchase for a Flexi Account is 10 (ten) Leads at a time; and
7.1.3 Payment of Leads purchased under a Flexi Account will be due at the time of purchase.
7.2 Compare My Move also offers the following alternative accounts:
7.2.1 Credit Account:
a. Credit accounts are offered by Compare My Move as a method of payment entirely at its discretion and Compare My Move is under no obligation to offer a credit account facility.
b. Partners that Compare My Move permits to pay for Leads by way of a credit account will be invoiced by Compare My Move on or around the 1st of each month for all Leads supplied to that Partner in the previous month. The parties agree to set up a direct debit for automatic payment of the invoice on or after the 15th of every month; and
c. by selecting a Credit Account, the Partner authorises Compare My Move to collect payments via direct debit according to the terms outlined above.
7.2.2 Bonus Account:
a. the Partner may upgrade to a Bonus Account via the Lead Manager;
b. where the Partner has upgraded to a Bonus Account, the Partner shall make an initial Lead purchase of at least ten (10) Leads ("Initial Leads");
c. once the Initial Leads have been delivered and/or made available to the Partner, Compare My Move will automatically provide the Partner with a subsequent set of Leads equal to the amount of the Initial Leads;
d. payment for Leads purchased under a Bonus Account will be made via an automatic payment from the debit/credit card details provided by the Partner;
e. subject to sub-clause (f) below, a free Lead allocation of 10% (calculated as 10% of the Initial Leads) will be applied to the Partner's account each time the Partner's payment is processed;
f. Compare My Move reserves the right to terminate the Partner's Bonus Account at any time, without notice, if any card payment fails; and
g. the Partner acknowledges that it will not dispute any payments collected by Compare My Move for so long as the Partner has a Bonus Account.
7.3 The applicable fees for each Lead depend on the Services that the Partner is providing. Further information can be found in Schedules 2 (Surveying Partners), Schedule 3 (Conveyancing Partners) and Schedule 4 (Removal and Clearance Partners).
7.4 All sums payable under this Contract by the Partner:
7.4.1 are exclusive of value added tax or other applicable sales tax, which shall be added to the sum in question; and
7.4.2 shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7.5 If the Partner fails to make a payment due to Compare My Move under the Contract by the due date, then, without limiting Compare My Move's remedies under clause 10:
7.5.1 the Partner shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7.5 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and
7.5.2 Compare My Move will be entitled to suspend the provision of the Leads and the Partner's account until payment of the outstanding amount has been paid in full.
7.6 Compare My Move reserves the right to increase the price of the supply of Leads at any time.
8 INTELLECTUAL PROPERTY
8.1 The Partner acknowledges and agrees that Compare My Move (or its licensors) own all intellectual property rights in Compare My Move's website, Lead Manager and webhook.
8.2 Compare My Move grants to the Partner a fully paid-up, worldwide, non-exclusive, royalty-free, non-transferable licence, without the right to grant sub-licences, to use the Lead Manager during the term of the Contract solely for the purpose of exercising or performing its rights and obligations under or in connection with this Contract.
8.3 Compare My Move acknowledges and agrees that the Partner (or its licensors) own all intellectual property rights in the Content.
8.4 The Partner grants to Compare My Move a fully paid-up, worldwide, non-exclusive, royalty-free, non-transferable licence, without the right to grant sub-licences, to use, reproduce, display the Content during the term of the Contract in connection with the services provided by Compare My Move to the Partner.
8.5 As part of our ongoing monitoring service Compare My Move may contact Customers to obtain feedback and testimonials regarding the services they have received by Partners. The Partner agree that any such information is the property of Compare My Move and agrees to Compare My Move displaying any such information on its Website. Furthermore, the Partner agree not to publish this information on their own websites for marketing materials without the written permission of Compare My Move. Failure to comply with this clause may result in Compare My Move terminating this Contract.
9 PARTNER’S OBLIGATIONS
9.1 The Partner shall not access, store, distribute or transmit any virus, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or any material during the course of its use of the Website and/or Lead Manager that:
9.1.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
9.1.2 facilitates illegal activity;
9.1.3 depicts sexually explicit images;
9.1.4 promotes unlawful violence;
9.1.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
9.1.6 is otherwise illegal or causes damage or injury to any person or property;
and Compare My Move reserves the right, without liability or prejudice to its other rights to the Partner, to disable the Partner's access to any material that breaches the provisions of this clause.
9.2 The Partner shall not:
9.2.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Contract:
a. copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Website, Lead Manager and/or webhook (as applicable) in any form or media or by any means; or
b. de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website, Lead Manager and/or webhook ; or
9.2.2 access all or any part of the Website, Lead Manager and/or webhook in order to build a competing product or service; or
9.2.3 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Website, Lead Manager and/or webhook available to any third party except the Authorised Users, or
9.2.4 attempt to obtain, or assist third parties in obtaining, access to the Website, Lead Manager and/or webhook, other than as provided under this clause 9.
9.3 The Partner shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Website, Lead Manager and/or webhook and, in the event of any such unauthorised access or use, promptly notify Compare My Move.
9.4 The Partner shall provide to Compare My Move in a timely manner all documents, information, items and materials in any form (whether owned by the Partner or third parties) reasonably required by Compare My Move in connection with this Contract and ensure that they are accurate and complete.
9.5 In addition to the terms set out in this Contract, the Partner shall comply with Compare My Move's website terms and conditions, which are available on Compare My Move's website (as updated from time to time)("Website Terms"). Any breach of the Website Terms will be deemed a breach of this Contract. In the event of a conflict between the terms of this Contract and the Website Terms, the terms in this Contract shall prevail.
10 RIGHT TO PAUSE AND RIGHT TO TERMINATE
10.1 The Partner is entitled to:
10.1.1 cancel (and therefore terminate the Contact) at any time, by contacting Compare My Move directly; and/or
10.1.2 pause their account at any time at any time, with Compare My Move by updating its account on Lead Manager.
10.2 Subject to clause 10.3, any Partner that has paused its account in accordance with clause 10.1 is entitled to re-activate its account at any time by updating its account on Lead Manager.
10.3 Any Partner account that is paused for over 3 months will have their Lead credits expire and be removed from the account unless otherwise agreed with the Compare My Move's support team.
10.4 Compare My Move reserves the right to terminate the Partner's account and this Contract at any time, subject to providing the Partner with written notice.
10.5 On termination of this Contract for any reason:
10.5.1 all licences granted under this Contract shall immediately terminate and the Partner shall immediately cease all use of the Website and Lead Manager;
10.5.2 Compare My Move shall refund any Lead credit(s) to the Partner within 15 Business Days, subject to the right of Compare My Move to apply such credits towards any other outstanding debts that the Partner has with Compare My Move;
10.5.3 the Partner shall immediately pay all amounts owed to Compare My Move, together with any outstanding interest; and
10.5.4 any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination shall not be affected or prejudiced.
11 INSURANCE
The Partner shall ensure that it has in place adequate insurance cover to guard against any loss that may be caused to any Customer's goods, property and/or possessions whilst providing Services to any Customer.
12 LIMITATION OF LIABILITY
12.1 Nothing in this Contract shall exclude Compare My Move's liability for:
12.1.1 death or personal injury caused by its, or its employees, negligence;
12.1.2 fraud or fraudulent representation; or
12.1.3 any other matter in respect of which it would be unlawful for Compare My Move to exclude or restrict liability.
12.2 Subject to clause 12.1, Compare My Move shall under no circumstances whatever be liable to the Partner, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
12.2.1 loss of profit, sales, revenue, or business;
12.2.2 loss of agreement or contracts;
12.2.3 loss of or damage to goodwill; or
12.2.4 any indirect or consequential loss.
12.3 Subject to clause 12.1, Compare My Move's total liability to the Partner in respect of all other losses arising under or in connection with this Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% the fees received by Compare My Move from the relevant Partner in the previous twelve months.
13 FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under this Contract to the extent that such failure or delay is caused by a Force Majeure Event.
14 GENERAL
14.1 Compare My Move may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Contract. The Partner may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Contract without the prior written consent of Compare My Move.
14.2 Unless otherwise provided in this Contract, any notice given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address or email address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier or e-mail.
14.3 A notice or other communication shall be deemed to have been received:-
14.3.1 if delivered personally, when left at the address referred to clause 14.2;
14.3.2 if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;
14.3.3 if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or
14.3.4 if sent by e-mail, one Business Day after transmission.
14.4 Without prejudice to clause 14.2, any notices to be sent by email in accordance with this Contract shall:-
14.4.1 if to be given by the Partner to Compare My Move, be sent to info@comparemymove.com; and
14.4.2 if to be given by Compare My Move to the Partner, be sent to any one of the email addresses that the Partner may have specified for its Primary Contact.
14.5 The provisions of clauses 14.2 to 14.4 shall not apply to the service of any proceedings or other documents in any legal action.
14.6 If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Contract.
14.7 A waiver of any right or remedy under this Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under this Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
14.8 Nothing in this Contract is intended to, or shall be deemed to, establish any partnership or joint venture between Compare My Move and the Partner, constitute Compare My Move or the Partner the agent of the other, or authorise Compare My Move or the Partner to make or enter into any commitments for or on behalf of the other.
14.9 A person who is not a party to the Contract formed by this Contract between Compare My Move and the Partner shall not have any rights to enforce its terms.
14.10 Except as set out in these Conditions, Compare My Move reserves the right to vary the provisions of this Contract (including the price of any type of Lead) at any time by giving 10 Business Days' written notice in advance of such changes.
14.11 This Contract, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and Compare My Move and the Partner each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or their subject matter or formation (including non-contractual disputes or claims).
14.12 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
Schedule 1
Processing, Personal Data and Data Subjects
Scope, nature and purpose of processing: Partner will process Customer Personal Data on behalf of Compare My Market for the Agreed Purpose.
Duration of processing: for the duration of this Contract and such further period as may be required by law.
Types of personal data: the types of Customer Personal Data processed will include any or all of the following:
Categories of data subject: Customers.
Schedule 2
Surveying Partners
1 The following additional terms apply if the Partner will be obtaining Leads for the provision of surveying services at a residential address within the United Kingdom.
2 PRICE
The Partner agree to pay a fixed sum of £8.00 (excl. VAT) for every Lead received from Compare My Move.
3 COMPLIANCE
3.1 Compare My Move operates a code of practice that it requires the Partner to adhere to, as outlined below. In registering with Compare My Move, the Partner agrees to comply with the following standards. The Partner shall:-
3.2 Compare My Move operates ongoing monitoring processes and failure of the Partner to adhere to its codes of practice can result in the termination of the Partner's registration with Compare My Move.
Schedule 3
Conveyancing Partners
1 The following additional terms apply if the Partner will be obtaining Leads for the provision of conveyancing services.
2 PRICE
The Partner agree to pay a fixed sum of £8.00 (exc. VAT) for every valid Lead received from Compare My Move.
3 COMPLIANCE
3.1 Compare My Move operates a code of practice that it requires the Partner to adhere to, as outlined below. In registering with Compare My Move, the Partner agrees to comply with the following standards. The Partner shall:-
3.2 Compare My Move operates ongoing monitoring processes and failure of the Partner to adhere to its codes of practice can result in the termination of the Partner's registration with Compare My Move.
Schedule 4
Removal and Clearance Partners
1 The following additional terms apply if the Partner will be obtaining Leads for the provision of removal and/or clearance services.
2 Definitions:
For the purposes of this Schedule, the definition of "Lead" shall include:
"Residential Lead(s)"means an enquiry for quotation(s) from a Customer for the supply of removals services at a residential address (whereby such property has 2 or more bedrooms) within the United Kingdom and transport to a residential address within the United Kingdom;
"International Lead(s)"means an enquiry for quotation(s) from a Customer based in the United Kingdom for the supply of removals services from a residential address within the United Kingdom and transport to a residential address outside of the United Kingdom;
"Small Move Leads" means an enquiry for quotation(s) from a Customer for the supply of 'Man and Van' services (which includes, but not limited to, small relocation services, collections and deliveries and Residential Leads where the property in question has only 1 bedroom);
"House Clearance Leads" means an enquiry for quotation(s) from a Customer for the supply of clearance services; and
3 PRICE
3.1 The Partner agrees to pay a fixed sum for every Lead received from Compare My Move, dependent on the category of Lead received. The price breakdown for each category of Lead is as follows:-
* London is deemed to be the following postcode areas by Compare My Move:
4 COMPLIANCE
4.1 Compare My Move operates a code of practice that it requires the Partner to adhere to, as outlined below. In registering with Compare My Move, the Partner agrees to comply with the following standards. The Partner shall:-
4.2 Compare My Move operates ongoing monitoring processes and failure of the Partner to adhere to its codes of practice can result in the termination of the Partner's registration with Compare My Move.
Schedule 5
Financial Partners
1 The following additional terms apply if the Partner will be obtaining Leads for the provision of financial services.
2 PRICE
The Partner agree to pay a fixed sum of £10.00 (exc. VAT) for every valid Lead received from Compare My Move.
3 COMPLIANCE
3.1 Compare My Move operates a code of practice that it requires the Partner to adhere to, as outlined below. In registering with Compare My Move, the Partner agrees to comply with the following standards. The Partner shall:-
3.2 Compare My Move operates ongoing monitoring processes and failure of the Partner to adhere to its codes of practice can result in the termination of the Partner's registration with Compare My Move.