| |
| 7. |
Data Protection |
| 7.1 |
You will comply with the Data Protection Act 1998 and shall if we request it provide us with details of your data protection registration number. You will treat any information disclosed, in whatever form, or supplied by us, any Applicant, or acquired by you in connection with an Application, as confidential. You must take all reasonable care to protect it, and not use, disclose, or copy it except as may be necessary for submitting Applications on behalf of Applicants and the performance of your obligations under these conditions |
| 7.2 |
Where you process personal data (as defined in the data Protection Act 1998) on our behalf, you must: |
| 7.2.1 |
Co-operate as far as is reasonable with us in complying with any data subject access request |
| 7.2.2 |
Co-operate fully with us in dealing with any enquiry made, or investigation or assessment of processing initiated
by the Information Commissioner |
| 7.2.3 |
Take such security measures as are required to enable you to comply with obligations equivalent to those imposed
on us by the seventh data protection principle of the Data Protection Act 1998 |
| 7.2.4 |
Process such personal data only in accordance with our instructions |
| 7.2.5 |
Allow us to conduct such reasonable audit of your information security measures as we require to ensure your
compliance with your obligations in this paragraph 7
|
| 7.2.6 |
Ensure that only such of your employees who may be required to assist in meeting your obligations under these
conditions shall have access to such personal data
|
| 7.2.7 |
Ensure that all your employees involved in the processing of such personal data have undergone training in data
protection and in the care and handling of personal data |
| 7.3 |
We will comply with the Data protection Act 1998. For the purposes of these conditions, you shall be a data processor and we shall be a data controller. |
| 7.4 |
We will process information for our legitimate business purposes about you, and partners (if you are in partnership),
your employees authorised to submit Applications to us on behalf of Applicants, our statement of account for fees due to
you (if applicable), Applicants, and their conduct of their accounts |
| 7.5 |
You agree that we may carry out a credit reference search against you and your Personnel both during the registration process and at any time afterwards and we will carry out credit reference searches against all Applicants, and will use credit scoring. Each time you refer
an Applicant to us, you must ensure that the Applicant's consent to these searches is obtained prior to the referral |
| 7.6 |
Your duties under this paragraph 7 will survive any termination of your membership of our intermediary panel |
| |
| 11. |
Liability |
| 11.1 |
All content on this website is provided for your information and for illustrative purposes only. We endeavour to
ensure that the content is current and accurate, but do not accept any liability to you or any Applicant where it is not,
whether in contract, tort, negligence, or otherwise, and whether direct or consequential. If you want to rely on any
information provided in our website, you should check its currency and accuracy directly with us, before placing any
reliance on it. |
| 11.2 |
We have provided within the secure area of this website various tools for your use. These include a
product-matching function, a mortgage calculation and illustration tool, and an online mortgage application
facility. While we have made every effort to ensure the accuracy and functional efficiency of these tools, we cannot
guarantee this, and accept no liability to you or any Applicant as a result of any errors, technical defects,
miscalculations, or lack of functionality within the tools |
| 11.3 |
Where we provide on our website, direct links to another website not under our control, we accept no liability for
the content of, or your use of, that other site. Where we provide direct links to another website, we neither guarantee the
accuracy of the content of that website, nor do we necessarily endorse or approve of that content. We cannot guarantee that
you will be able to access the other website via the link on our website at any time. |
| 11.4 |
Your website may only be linked to ours with our prior written consent. We may not give consent, and do not have to
offer any explanation where consent is refused. If we give consent, the consent may be made subject to conditions. Amongst
other things, there will be conditions that our website will only be linked to yours by way of a clear separate Uniform
Resource Locator ("URL") and that you make clear that our website is not part of your website |
| 11.5 |
We aim to ensure that our website is free of all viruses and technical defects of any description. Due to the
nature of the internet however, and the possibility of third party interference, this cannot be guaranteed, and we will
not be liable for any damage or loss caused as a result of your use of our website |
| 11.6 |
The content of this website is provided for your information only, and does not constitute an offer to contract.
The information does not constitute advice or a recommendation to you or to any Applicant. You are responsible for
providing proper advice to Applicants on the suitability of our products. We do not guarantee that the products and
services advertised on this website will be suitable for any Applicant. |
| 11.7 |
In submitting Applications to us, or in introducing Applicants to us, you warrant that you have the Applicant's
authority to do so, and to provide all personal and financial information sent to us. You warrant that you have checked as
far as you are able the accuracy of all information provided to us on the Applicant's behalf. Where it is clear that the
Applicant has provided false information to you or us, you will let us know immediately |
| 11.8 |
You agree to indemnify us for all direct and consequential losses we incur as a result of your use of our
website otherwise than in accordance with these conditions, whether deliberate or negligent
|
| |
| 13. |
Miscellaneous |
| 13.1 |
These conditions, and your use of this website, are governed by, and will be construed in accordance with,
English law. The courts of England and Wales will have sole jurisdiction to determine any disputes arising |
| 13.2 |
Our website is not intended for your use if you, or the Applicant, are resident outside the United Kingdom; we
therefore do not guarantee that our website complies with the laws and regulations of any other jurisdiction |
| 13.3 |
In performing your obligations under these conditions, you will: |
| 13.3.1 |
Comply with all laws, regulations, rules, duties, and obligations (whether or not originating in the United
Kingdom) which apply to, or are relevant in connection with, these conditions and the operation of your business which
may from time to time be relevant |
| 13.3.2 |
Comply with all relevant requirements and provisions of any present or future legislation, regulations, or codes
of practice including but not limited to the Financial Service Authority's requirements for treating customers fairly; |
| 13.3.3 |
Co-operate in any audit of us by the Financial Services Authority, the Inland Revenue, Customs and Excise, or any
other body that regulates us or supervises compliance with any voluntary code of practice. This includes producing to us
(or anybody authorised by us or any regulatory body) on demand any information in a format we or they require and within
such time and at such place as such persons may require; giving such persons such assistance in connection with any
investigation or audit as you are reasonable able to give |
| 13.3.4 |
Maintain appropriate licences |
| 13.4 |
You must not do, or omit to do, anything which will or may: |
| 13.4.1 |
Affect any authorisation, licence, consent or permission necessary or desirable for the conduct of our business or
your business; or |
| 13.4.2 |
Cause us to breach any laws, regulations, rules, codes of practice, duties, obligations or other requirements
which may from time to time be relevant |
| 13.5 |
We may undertake such monitoring as we consider appropriate to satisfy any obligations imposed on us by the
Financial Services Authority or any other regulator. |
| 13.6 |
By submitting an Application you are confirming your agreement to abide by the procuration fee payment route
agreed between us and the designated Mortgage Club or Network. |
| 13.7 |
No forbearance or delay by either party in enforcing the provisions of these Conditions will prejudice or restrict the rights of that party nor will any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy conferred on or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy will be cumulative. |
| 13.8 |
Nothing in these Conditions shall be construed as giving rise to any relationship of agency or partnership between you and us and that, in fulfilling its obligations hereunder, you shall be acting entirely on your own account. You are an agent of the Applicant (and not us) in relation to all aspects of the Application except insofar as is necessary to give effect to the personal responsibilities of you to us as set out in these Conditions. |
| 13.9 |
If any term of these Conditions shall be held by a court of competent jurisdiction to be illegal or unenforceable, in whole or in part, under any enactment of rule or law, such term or provision or part shall to that extent be deemed not to form part of these Conditions but validity and enforceability of the remainser of the conditions shall be affected. |
| 13.10 |
You may not assign, subcontract or otherwise transfer any rights and obligations under these Conditions whether in whole or in part without our prior written consent save that we shall be entitled to assign the benefit of all or part of these Conditions to any company which is from time to time part of the group. |
| 13.11 |
Headings in these Conditions are for convenience only and shall not affect its interpretation. |
| 13.12 |
These Conditions represent the entire agreement between the parties and neither party shall attempt to rely upon any prior understanding or representations which may have been made. |
| |
| APPENDIX |
A |
| 1 |
In this Appendix, in addition the following definitions apply:
|
|
Appointed Representative: A person who acts as the representative of an Authorised Person in accordance with section 39 of the FSMA and for whom the Authorised Person accepts responsibility; |
|
Authorised Person: : A person authorised as defined in Section 31(2) of the FSMA and holds all authorisations and Permissions required under the FSMA (and/or any rules or regulations made under it) in order to submit a Regulated Mortgage Contract Application to us pursuant to these conditions; |
|
FSA:The Financial Services Authority (and any successor regulatory body); |
|
FSMA:The Financial Services and Markets Act 2000; |
|
General Prohibition:Means the prohibition contained in Section 19 of the FSMA; |
|
Inducement:means an inducement as defined in the Mortgages: Conduct of Business sourcebook 2.3.3G; |
|
Intermediary:means an Authorised Person or Appointed Representative who submits a Regulated Mortgage Contract Application to us; |
|
Liability:Any loss, liability, cost, charge, damage, expense (including reasonable legal fees), action, proceeding, claim or demand (including taxation); |
|
Party or Parties:Each of the parties to these conditions; |
|
Packager:means a person through whom an Intermediary submits a Regulated Mortgage Contract and who performs certain parts of the mortgage application process; |
|
Permission(s):Means a permission granted under Part IV of the FSMA to carry on regulated activities; |
|
Personnel:Your directors, employees, contract staff and independent contractors engaged to fulfil your duties in connection with these conditions; |
|
RAO:Means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (as amended); |
|
Regulated Mortgage Contract:Means a mortgage contract falling within article 61(3) of the RAO. |
| 1.2 |
Any reference in these conditions to any legislation or legislative provision, whether enacted in the United Kingdom, the European Community or elsewhere, includes that provision as modified or re-enacted whether before or after the date of this these conditions (so far as the modification or re-enactment applies or is capable of applying to the these conditions) and any subordinate legislation made from time to time under that provision. |
| 2. |
YOUR GENERAL DUTIES |
| 2.1 |
You will: |
| 2.1.1 |
Conduct all business with reasonable skill and care, ethically, with the utmost integrity and in doing so shall comply with FSA requirments to treat customers fairly at all times; |
| 2.1.2 |
Ensure your and all Personnel are competent and adequately trained in our mortgage products so features, risks and best advice can be explained and given to customers and products matched to customer needs and circumstances. You will proactively monitor advice given by you and your Personnel and take appropriate action when required. You will deal fairly and appropriately with customer complaints and claims relating to activities for which you are responsible; |
| 2.1.3 |
Forward fully and properly completed initial sale documentation in a timely manner, Promptly distribute to the customer any information you receive for them. Promptly inform us of any material information relevant to a mortgage application and or which we reasonably request in relation to a mortgage application or to ensure we comply with any statutory or other regulatory requirement; and |
| 2.1.4 |
comply with all reasonable instructions given by us to you. |
| 2.2 |
You will not do, or omit to do, anything, which will or may: |
| 2.2.1 |
cause any mortgage granted by us to be unenforceable pursuant to any provision of the FSMA and in particular to Section 27 of the FSMA. |
| 2.3 |
You will notify us immediately if: |
| 2.3.1 |
you, or any Personnel or partners in your business, are charged with or convicted of any offence involving fraud or dishonesty; |
| 2.3.2 |
if bankruptcy or liquidation proceedings are brought against you or any directors or partners in the business, or a receiver is appointed or a voluntary arrangement with your creditors is proposed; or |
| 2.3.3 |
you, or any of your Personnel, or partners, are investigated by the FSA or any other body, which regulates you, whether or not, that investigation proceeds and provide us with details of the reasons for the investigation. For the avoidance of doubt you are not required to notify us of any investigation that constitutes a standard audit or inspection visit by a regulatory body; |
| 2.3.4 |
you, or any of your Personnel, or partners, are disciplined by the FSA or any other body, which regulates you; |
| 2.3.5 |
a person proposes to take a step, which would result in a change of control over you. (For the avoidance of doubt, "person" and "control" in this clause 2.3.5 shall have the meanings given to them in the Glossary to the FSA's Handbook); |
| 2.3.6 |
there is any material change to your business; or |
| 2.3.7 |
you anticipate being unable to comply with any provision of this these conditions. |
| 3. |
FSA AUTHORISATIONS AND PERMISSIONS |
| 3.1 |
You warrant that you: |
| 3.1.1 |
are an Intermediary or a Packager; |
| 3.1.2 |
will not deal in relation to Regulated Mortgage Contracts with an unauthorised third party who acts in contravention of the General Prohibition; |
| 3.1.3 |
will immediately notify us upon ceasing to be an Intermediary or if there are any changes to the Permissions held by you |
| 3.1.4 |
will upon request immediately supply to us written evidence of being an Intermediary and or your Permissions; and |
| 3.1.5 |
will not if you are a Packager who is not an Intermediary carry on any regulated activity as defined in the RAO whether on your own account or for any other person. |
| 4. |
INTRODUCERS |
| 4.1 |
If you submit to us an Application for a Regulated Mortgage Contract that you have received from a third party introducer ("the Introducer") that is not itself an Authorised Person you warrant that you have an agreement in writing with the Introducer providing that the Introducer: |
| 4.1.1 |
will not engage in the regulated activities of advising on or arranging (as defined in articles 25(A) and 53(A) of the RAO) Regulated Mortgage Contracts and will limit its activities to introducing only; |
| 4.1.2 |
will not receive any money from the client for or in connection with any transaction for a Regulated Mortgage Contract, which the client enters into as a result of any such introduction; |
| 4.1.3 |
will prior to making any such introduction disclose to the client details of any payment, reward or advantage it will receive for the introduction; |
| 4.1.4 |
will prior to making any such introduction disclose to the client details of whether it is a member of the same group as you or if applicable your Appointed Representative; |
| 4.1.5 |
will maintain written records of any such disclosures that are made (unless the introduction is being made under Article 33 of the RAO); and |
| 4.1.6 |
will comply with any requirements that we may have for the form of any such disclosure and or record of such disclosure required in these conditions. |
| 5. |
APPOINTED REPRESENTATIVES |
| 5.1 |
If you are an Authorised Person, you will as part of the registration process provide us with details of your Appointed Representatives and you agree you will notify us immediately of any change to your Appointed Representatives details. In particular you should notify us if an Appointed Representative changes its name or address or ceases to be your Appointed Representative. You should also notify us if a new Appointed Representative is appointed. |
| 5.2 |
You agree that you are responsible for all of your Appointed Representatives and for ensuring their compliance with your legal and regulatory obligations. |
| 6. |
MORTGAGE CLUBS & PACKAGERS |
| 6.1 |
If you submit any mortgage application to us through any third party such as a mortgage club or mortgage Packager ("the Club") the applicable fees will be those agreed with the Club and you agree that the Club acts as your agent for the receipt of any payments due and our payment to the Club is in full and final satisfaction of any payment due to you. |
| 6.2 |
If you are a mortgage Packager and you submit any mortgage application to us on behalf of an Intermediary you warrant that you act as agent for the Intermediary for the receipt of any payments due and our payment to you is in full and final satisfaction of any payment due to any Intermediary. |
| 7. |
DISCLOSURE OF MATERIAL INDUCEMENTS |
| 7.1 |
For Regulated Mortgage Contracts: |
| 7.1.1 |
we will provide you with a figure in cash terms of material inducements you must disclose (and if you are an Authorised Person procure that your Appointed Representatives disclose) this figure in the Key Facts Illustration provided to customers; |
| 7.1.2 |
you will disclose procuration fees in the Key Facts Illustration (including fees paid to a third party); |
| 7.1.3 |
if applicable you must tell us of the valuation fee and connected administration fee charged in connection with the mortgage application; and, and disclose these fees in the Key Facts Illustration; |
| 7.1.4 |
if applicable you must tell us of any brokerage, arrangement, cancellation, Packager's fees charged in connection with the mortgage application, and disclose these fees in the Key Facts Illustration; |
| 7.1.5 |
if applicable you must agree with us the amount of any Inducement to be paid by you to an Intermediary. |
| 7.2 |
If we are to pay you any fees or commission in relation to any Application which is not a Regulated Mortgage Contract (including applications for further advances and product transfers) you must at the outset disclose in writing to the Applicant the fees or commission that you are to be paid by us. |
| 8. |
PAYMENTS |
| 8.1 |
Subject to clause 6.1 we will only pay any fees in relation to a Regulated Mortgage Contract to you if you are an Authorised Person. If you are an Appointed Representative your fees will be paid to the Authorised Person you represent and such payment will be in full and final satisfaction of our liability to you. |
| 8.2 |
We will terminate all payment of fees for Regulated Mortgage Contracts with effect from the date you cease to be an Intermediary. For the avoidance of doubt we will pay such fees as relate to a Regulated Mortgage Contract Application submitted before you cease to be an Intermediary. In the event that we pay any fee to you in relation to any Regulated Mortgage Contract Application submitted by you after you have ceased to be an Intermediary you undertake to repay any such fees to us on demand. |
| 8.3 |
Subject to clause 6.1 we will pay any fees due in relation to any mortgage application (including applications for further advances and product transfers) that results in a mortgage being entered into with the customer or a further advance or a product transfer in accordance with our rates of commission published from time to time. |
| 8.4 |
Should we in mistake pay any commission to you which you or your Appointed Representative have not earned then you agree that on demand you will repay the unearned fees to us. |
| 8.5 |
We reserve the right to stop paying you any commission if we are notified that you are no longer the agent of the Applicant. |
| 8.6 |
We have a right of set-off in respect of any amount payable by us to you against any money payable by you to us whether arising under these conditions or otherwise with any member of the group. |
| 8.7 |
We may change the way commission is earned the commission rates payable and the terms upon which we pay commission at any time by giving notice to you. We may give this notice to you by any means, for example by e-mail, letter, or by posting a notice on this our website. |
| 9. |
INDEMNITY |
| 9.1 |
If you are an Authorised Person you agree to indemnify us from and against any Liability that we may incur pursuant to your breach of these conditions or otherwise arising from the failure of an Introducer, Appointed Representative or Club to comply with any legal and regulatory obligations. |
| 9.2 |
If you are an Authorised Person, mortgage club or Packager you will indemnify us from and against any claim made by any Intermediary in relation to any payment made as provided in clause 6.1 and 6.2 or clause 8.1. |
| 10. |
MANAGEMENT INFORMATION |
|
You will provide such information as we may reasonably request from time to time. |
| 11. |
AUDIT RIGHTS |
| 11.1 |
You will keep true and accurate accounts and records of all matters connected with these conditions and will allow our representatives, professional advisers, or any employee or agent of a statutory or regulatory body to have access to those accounts and records on reasonable notice at any time between 9.00 am and 5.30 pm on any Business Day. You will cooperate with any of our representatives and those of any regulatory body undertaking any audit or investigation into matters relating to business conducted pursuant to this these conditions, and provide all reasonable facilities at your premises to allow such audit or investigation, and allow the taking of such copies of such accounts and records, as may be consider reasonable. You will at all times comply with any reasonable request made by us to produce for inspection any information which relates to this these conditions. |
| 11.2 |
If you are an Authorised Person you will procure the compliance of your Personnel, Appointed Representatives and Introducers with clause 11.1. |
| 12. |
GENERAL |
| 12.1 |
The Contracts (Rights of Third Parties) Act 1999 does not apply to these conditions. |
