TERMS OF BUSINESS AGREEMENT – CUSTOMERS
The Trust-Tom.Com website
This terms of business agreement sets out the terms upon which we agree to act for customers who use our website – Trust-Tom.Com. It also sets out some of your responsibilities. It is important that you read it carefully.
Please send an email to firstname.lastname@example.org immediately if there is anything in these Terms of Business that you do not understand or if there is anything you disagree with.
This website is owned and operated by Trust-Tom.Com Ltd t/as Trust-Tom.com, a company registered in England deom the registered address 50 Lady Greys Walk, Stourbridge, West Midlands, DY8 3RG.
By using this website, you accept the terms of business. If you do not accept these terms of business, you must immediately stop using this website.
Trust-Tom.Com Ltd may change the terms of business agreement. Any changes will be posted on this website. You must review the terms of business agreement frequently to ensure you are aware of the latest version. Your continued use of this website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Our Products and Services
The Trust-Tom.Com Ltd service offers you, the visitor to the website the option to select from a range of business, property and personal insurance products. Once you have chosen the most relevant category of insurance, you will complete an online proposal form, that will include your contact details and information material to the insurance you require.
Once you press the submit button, the proposal form will automatically be submitted directly to one insurance intermediary who have advised Trust-Tom.Com Ltd that they may be able to assist with this specific type of insurance enquiry.
Once your details have been submitted to the most relevant insurance intermediary, Trust-Tom.Com Ltd has no further involvement in the forming of the contract of insurance. You will be contacted directly by the insurance intermediary to discuss your individual requirements, as appropriate. They will ask further questions outside the Trust-Tom.Com question set. The Trust-Tom.Com question is designed to direct you to an insurance intermediary that specialised in such field of insurance.
We do not offer any advice in respect of any insurance products or services. We do not offer any information on specific insurance policies. We also do not make any recommendations in respect of insurance products. The Trust-Tom.Com Ltd service submits the information with which you provide us to one insurance intermediary per form. We cannot guarantee that this insurance intermediary will be able to offer products which are suitable to meet your demands and needs If for any reason such insurance intermediary cannot contact you, we may provide your details to another insurance intermediary in our network that specialises in such field of insurance.
We only send your details to insurance intermediaries that are FCA registered and regulated.
We ask particular questions about the risk to be insured in order to ascertain a broker that specialises in the insurance you need. We do not provide advice, insurance quotations or provide any assistance in the information provided by You. Any insurance quotations will be provided by FCA authorised insurance intermediaries.
You should ensure that the product information, advice, and premiums quoted by any insurance intermediary are suitable for your personal or business circumstances.
All information provided via the Trust-Tom.Com Ltd.’s website will be treated as confidential and only disclosed to insurance intermediaries within our trusted insurance broker network.
There are a few minor exceptions to where we will share your data such as if it is requested by a court, a regulatory body, or information which is already in the public domain. We will not release the information you provide to us to any other party without your consent.
We recognise the importance of service and set ourselves high standards. Should there be an occasion when we do not meet your expectations, we are equally committed to dealing with any complaint in a thorough and professional manner.
If you wish to register a complaint please contact us in writing, addressed to Thomas Cartwright, Trust-Tom.Com Ltd, 50 Lady Greys Walk, Stourbridge, DY8 3RG.
Law and Jurisdiction
This Terms of Business shall be governed by and construed in accordance with English Law. In relation to any legal action or proceedings arising out of or in connection with these Terms of Business we both irrevocably submit to the exclusive jurisdiction of the English courts.
All copyright, database rights and other intellectual property rights in all the material on the site including but not limited to site design, structure, page layouts, graphical images, search results and underlying software code (collectively the “Content”) legally and beneficially belongs to Trust-Tom.Com Ltd and the relevant brokers, agents, intermediaries and related service suppliers. The brokers, agents and intermediaries own or license the rights to their own brand. Except for brokers’ intellectual property rights, Trust-Tom.Com Ltd owns and retains all rights to the rest of the Content.
Warranty disclaimer and limitation on liability
Trust-Tom.Com Ltd does not endorse or represent the accuracy, truthfulness or reliability of any information provided on or by means of the site. The Content is only for general information and use and is not intended to address your particular requirements or considered to be a recommendation of any kind by Trust-Tom.Com Ltd. The Service (as defined below) and the Content is provided on an “as is” and “as and when available” basis to users. You use the Service and the Content at your own risk.
Trust-Tom.Com Ltd advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to on the Trust-Tom.Com website. To the extent permitted by law, Trust-Tom.Com Ltd makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to the Service and in particular the Trust-Tom.Com site or the Content including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary or intellectual property rights or otherwise.
Trust-Tom.Com Ltd strongly recommends that you seek advice from a qualified financial advisor before you make any financial investment.
No oral advice or written information including without limitation the Content given by Trust-Tom.Com Ltd or including without limitation any of its officers, directors, employees, agents, suppliers, providers or merchants will create a representation, a warranty or condition nor should you rely on any such information or advice. Trust-Tom.Com Ltd is unable to ensure or guarantee the security of any information transmitted over the Internet and we shall not be responsible or liable for any damages or injury that may result from transmitting such information.
IN NO EVENT WILL Trust-Tom.Com Ltd, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNEES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, OR OTHER CONSEQUENTIAL LOSS FOR ANY USE OF THIS WEBSITE, OR USE OF ANY OTHER LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS. THE TERM “LOSS” INCLUDES, WITHOUT LIMITATION, LEGAL FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMMES OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.
Neither Trust-Tom.Com Ltd nor its associated service provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.
Further, Trust-Tom.Com Ltd shall not be liable for any typographical or other errors or omissions in the Content.
All links that connect this site with other sites are provided solely for your convenience and information and Trust-Tom.Com Ltd does not endorse or recommend any such sites.
Trust-Tom.Com Ltd shall not be liable to you under these terms and conditions, for any loss or damage which may be suffered by you due to any cause beyond Trust-Tom.Com Ltd.’s reasonable control including without limitation any act of God, exceptionally severe weather, failure of shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, the act or omission of government, highways authorities, other telecommunications operators or administrations or other competent authority, war, military operations, acts of terrorism or riot.
TERMS OF BUSINESS AGREEMENT – INSURANCE INTERMEDIARIES
The Trust-Tom.Com website
This is the terms of business agreement we provide to Intermediaries who receive insurance introductions from our website. It also sets out your responsibilities as an Intermediary using the Service.
Please contact us immediately if there is anything in these Terms of Business which you do not understand or with which you disagree.
This website is owned and operated by Trust-Tom.Com Ltd, a company registered in England and whose registered address is Trust-Tom.Com Ltd, 50 Lady Greys Walk, Stourbridge, DY8 3RG
By receiving introductions from this website, you accept the terms of business. If you do not accept these terms of business, you must immediately contact Trust-Tom.Com Ltd to be removed from the website.
Trust-Tom.Com Ltd may change the terms of business agreement. Any changes will be communicated with you, prior to the changes coming into effect. If you do not agree with the amended terms of business agreement you can remove your company from the website.
“Agreement” – The legally binding agreement between Trust-Tom.Com Ltd and the Intermediary as described in these terms and conditions;
“Category” – An exclusive specific category within a Quotation Request agreed by Trust-Tom.Com Ltd and the Intermediary. A category can be a line of business or a specific type of risk in a line of business. For example a category could be home insurance or just home insurance for thatched roofs.
“Converted Lead” – A Converted Lead is any customer who purchases insurance from You that is directly related to the lead you received from Trust-Tom.Com Ltd.
“Fee” – The cost of each individual Converted Lead, outlined in the Fee Agreement Form.
“Fee Agreement Form” – The form that outlines the fee an Intermediary must pay Trust-Tom.Com Ltd for every Converted Lead.
“Confidential Information” – Means all confidential information disclosed (whether in writing, orally or by another means and whether directly or indirectly) by one party to the other party whether before or after the date of this Agreement including, without limitation, information relating to the disclosing party’s business, plans or intentions, service information, know-how, trade secrets, market opportunities and affairs;
“Intellectual Property Rights” – All intellectual property rights of any nature whatsoever, whether registered or unregistered including, without limitation, patents, copyrights, performer’s rights, recording rights, moral rights, trademarks, designs, know-how, database or rights in Confidential Information;
“Intermediary” – The Intermediary that receives a Quote Request via Trust-Tom.Com;
“Intermediary Branding” – All Intermediary Branding on the website will be agreed prior to your appearance on the website. At minimum you must provide your logo;
“Law” – Any law, statute, regulation, instruction, guideline or code of conduct having force of law of any governmental or other regulatory authority of competent jurisdiction (including but not limited to any term in any licences issued by any such authority and any data protection requirements) in all cases as amended, replaced and supplemented from time to time;
“Quotation Request” – A Quotation Request is created for an Intermediary when a Proposer completes the appropriate online form that appears for each Category and the Service submits the form to the Intermediary;
“Price” – The total amount of fees during a calendar month than an intermediary must pay Trust-Tom.Com Ltd.
“Proposer” – A visitor to the Website who is typically interested in purchasing Categories or services from an Intermediary;
“Referred Leads” – Each of the following are Referred Lead:
A lead submitted following: A Quotation Request sent to an Intermediary via a Trust-Tom.Com Quote Request or Call Back Form; an email sent to an Intermediary from Trust-Tom.Com following approval of a proposer, a transfer of a phone call for the proposer from Trust-Tom.Com to an Intermediary;
“Service” – The service provided by Trust-Tom.Com Ltd under this Agreement;
“Website” – The presence of Trust-Tom.Com
2.0 Obligations of the Intermediary
2.1 To pay the Price agreed within the Fee Agreement Form by cheque or by Bank transfer (BACS) monthly in arrears to Trust-Tom.Com Ltd.
2.2 To provide Trust-Tom.Com with confirmation of whether contact was made with the Proposer and the insurer(s), premium(s) quoted within 24 hours of receiving the Referred Lead
2.3 To provide Trust-Tom.Com with confirmation of every Converted Lead within 35 days of receiving the Referred Lead.
2.4 If the Intermediary does not pay the Fees for any Converted Leads then Trust-Tom.Com Ltd will:
(i) Terminate this Agreement immediately on written notice to the Intermediary’s given email or postal address;
(ii) Remove the Intermediary from the Web Site without liability to Intermediary;
(iii) Pursue recovery of the outstanding debt (including all costs and fees associated with the recovery of the debt) from the Intermediary.
2.5 To acknowledge that Trust-Tom.Com Ltd retains full editorial control over all website Entries and that Trust-Tom.Com Ltd will own all IPR in and without limitation within the website, other than Trust-Tom.Com Ltd shall not own any Intermediary Branding and/or third party branding.
2.6 To ensure that the Intermediary is and remains appropriately authorised by the Financial Conduct Authority. If the Intermediary loses authorisation to the Financial Conduct Authority, Trust-Tom.Com Ltd shall remove the Intermediary from the website.
2.7 To ensure that Quotation Requests and / or any information about Proposers supplied to the Intermediary under the terms of the Service shall remain confidential and shall not be sold, passed on or used by any third party without the expressed, written agreement of Trust-Tom.Com Ltd or the consent of the Proposer. The failure of the Intermediary to comply with this Obligation shall be deemed to be a material breach of this Agreement.
2.8 To acknowledge that no accuracy or reliability shall be assumed or inferred in respect of any information provided to the Intermediary by Trust-Tom.Com Ltd or by the Service. For the avoidance of doubt, information submitted to the Intermediary by Trust-Tom.Com Ltd, either directly or by Quotation Requests should not be considered by the Intermediary to be a sufficiently accurate or legally binding so as to form the basis of an insurance contract.
2.9 To acknowledge that Quotation Requests should not be considered to be a ‘Statement of Fact’ by the Proposer for the purposes of an insurance contract.
2.10 If an Intermediary chooses to stop receiving Quote Requests from Trust-Tom.Com they are bound to still pay the agreed Fees prior to the withdrawal.
2.11 An Intermediary must only use insurers that have a minimum A rating by Standard & Poors and/or Am Best.
2.12 Subject to an Intermediaries consent and the Proposer’s consent Trust-Tom.Com will email the Proposer with Quote chaser emails.
2.13 To provide Trust-Tom.Com with confirmation of any premiums and insurers for any Converted Leads the Intermediary invites for renewal. The Intermediary must also confirm to Trust-Tom.Com whether the customer renewed.
3.0 Obligations of Trust-Tom.Com Ltd
3.1 Subject to reasonably unavoidable downtime of the Website, to ensure that each Category requested by the Intermediary features on the Website.
4.0 Rights of Trust-Tom.Com Ltd
4.1 The Intermediary grants Trust-Tom.Com Ltd the rights to remove the Intermediary’s details from the Website.
5.1 The Intermediary warrants that:
5.1.1 It shall provide Trust-Tom.Com Ltd with all assistance Trust-Tom.Com Ltd may require from time to time in connection with the provision of the Service to Intermediary.
5.1.2 It shall accept sole and unequivocal responsibility to ensure that all information, underwriting criteria and relevant risk factors have been provided correctly by the Proposer and verified by the Intermediary in order to provide an insurance or related financial quotation, advice or information to the Proposer.
5.1.3 It will not under any circumstances use the information contained with any Quotation Requests for the purposes of marketing, either directly or by a third party, or for any purpose other than providing the Proposer with Quotations based upon the requirements contained within the Quotation Request, unless they have the Proposers consent.
5.1.4 It will obtain consent directly from the Proposer for any subsequent communication or marketing activity, in accordance with the requirements of the General Data Privacy Regulation (GDPR) (EU) 2016/679.
5.1.5 It will not supply, sell, forward or pass on any information contained within any Quotation Request to any external, third party or associated company for any purpose whatsoever.
5.1.6 It will fully comply with the requirements of the General Data Protection Regulation (GDPR) (EU) 2016/679 in relation to any and all information supplied by Trust-Tom.Com Ltd.
The Intermediary shall indemnify and hold Trust-Tom.Com Ltd harmless against each loss, liability and cost which Trust-Tom.Com Ltd may incur as a result of any third party claim arising out of or in relation to any breach by Intermediary of any representation, warranty, undertaking or obligation contained in this Agreement (including, without limitation, each loss, liability and cost reasonably incurred as a result of defending or settling a claim alleging such a liability).
7.1 Trust-Tom.Com Ltd may terminate this Agreement with immediate effect by written notice to the Intermediary at any time after the occurrence of any of the following events in relation to the Intermediary:
7.1.1 The Intermediary being in breach of a material obligation under this Agreement and, if the breach is capable of remedy, failing to remedy the breach within 14 days of being required in writing to do so;
7.1.2 The Intermediary passing a resolution for its winding up or a court of competent jurisdiction making an order for the Intermediary’s winding up or dissolution;
7.1.3 The making of an administration order in relation to the Intermediary or the appointment of a receiver over, or an encumbrancer taking possession of or selling, an asset of the Intermediary; or
7.1.4 The Intermediary making an arrangement or composition with its creditors generally or making an application to a court of competent jurisdiction for protection from its creditors generally.
7.1.5 The Intermediary knowingly passes on, sells or allows access to or by a third party to any Proposer’s information provided under the terms of the Service.
Termination of this Agreement shall not affect either party’s accrued rights or obligations or any duties of confidentiality.
8.1 Trust-Tom.Com does not guarantee that you will receive any Quote Requests.
8.2 Subject to section 8.3 below, neither party accepts any liability under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any of the following:
(i) Loss of profit or sales;
(ii) Loss of opportunity;
(iii) Loss of turnover;
(iv) Loss of use of any hardware, software or data;
(v) Loss of or damage to business;
(vi) Indirect, special or consequential loss or damage;
And for the purposes of this clause the term “loss” includes a partial loss or reduction in value as well as a complete or total loss.
Subject to clause 8.3 below, Trust-Tom.Com Ltd.’s liability under this Agreement to the Intermediary shall be restricted to the total amount paid by the Intermediary to Trust-Tom.Com Ltd in the twelve month period preceding the event which gave rise to the claim.
8.3 Neither party’s liability:
(i) For death or personal injury caused by that party’s negligence or the negligence of that party’s employees or agents;
(ii) For breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 (as amended), section 2 Supply of Goods and Services Act 1982 or the Consumer Rights Act 2015;
(iii) For fraudulent misrepresentation;
(iv) For misuse of Confidential Information; or
(v) For any liability which cannot be excluded or limited by applicable law, is excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case.
8.4 Trust-Tom.Com Ltd shall not be liable for any losses, damage or expenses (including, without limitation, any costs of finding replacement advertising space) suffered or incurred by the Intermediary as a result of the Website not being accessible to users of the world wide web for any period of time.
8.5 Trust-Tom.Com Ltd shall not be liable for any delay in or non-performance of its obligations under this Agreement to the extent that such delay or non-performance is due to any cause beyond its reasonable control including but not limited to the acts, defaults or omissions of Intermediaries or sub-contractors, failure of any telecommunications or power network, war, undeclared hostilities, terrorism, industrial action and acts of God.
8.6 Trust-Tom.Com Ltd does not guarantee or vouch for the accuracy of any information input into the Website by a Proposer using the Service.
9.0 Other conditions
9.1 Advertising agencies or other representative agencies shall enter into this Agreement in their own right as principal and not as an agent.
9.2 The positioning of the Category(ies) on the Website is to be determined by Trust-Tom.Com Ltd at its sole discretion.
10.1 Each party undertakes to the other: (i) to keep confidential all Confidential Information regarding the other and not to disclose the same in whole or in part to any person (other than any employee, agent, professional advisor or subcontractor having a need to know) without the other’s written consent; and (ii) to use Confidential Information belonging to the other party solely in connection with the performance of their respective obligations under this Agreement.
The provisions of this section shall not apply to any Confidential Information which is already in the public domain, lawfully obtained from a third party free from any duty of confidentiality or which was already in the possession of the receiving party at the time of entering into this Agreement.
11.1 The terms and conditions of this Agreement represent the entire agreement between the parties in relation to the subject matter of this Agreement.
11.2 A delay by either party in exercising any of its rights and remedies shall not constitute a waiver of those rights and remedies unless expressly agreed in writing.
11.3 The invalidity of any term or condition of this Agreement shall not affect the validity of the remainder of this Agreement.
11.4 Nothing in this Agreement shall create a partnership or joint venture between the parties.
11.5 Trust-Tom.Com Ltd may assign or transfer this Agreement to any company or entity, but will communicate with the Intermediary prior to this occurring. Intermediary may assign or transfer this Agreement subject to obtaining Trust-Tom.Com Ltd.’s prior written approval.
11.6 Unless expressly provided in these terms, no term of this contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
11.7 This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
12.0 Fee Agreement Form
13.1 The Fee Agreement Form outlines the Fee an Intermediary must pay Trust-Tom.Com Ltd for any Referred Leads.
New Business Converted Lead
10% of the insurance premium before tax.
5% of the insurance premium before tax