(1) “Supplier” shall mean Real Time Claims Limited incorporated and registered in England and Wales with company number 6114275 whose registered office is at Generator Studios, Trafalgar Street, Newcastle upon Tyne NE1 2LA; and
(2) “User” means you.
(A) The Supplier has set up the Portal for use by those wishing to notify Introductions to the Supplier.
(B) The User wishes to use the Portal for the purpose of notify Introductions to the Supplier.
1 Definitions and Interpretation
1.1 The definitions and rules of interpretation in this clause apply in this agreement, including in the Recitals and in the Schedule.
Introduction: the provision to the Supplier of a Lead. Introduce, Introduces and Introduced shall be interpreted accordingly.
Lead: the provision to the Supplier of the contact details of a Prospective Client, whether or not also with details of their lender, account number, e-mail address, mobile and landline telephone numbers, postal address and date of birth.
PPI: payment protection insurance.
Portal: the online portal set up by the Supplier for the purpose of receiving details of Introductions.
Prospective Client: a prospective client of the Supplier in connection with the Services.
Services: the PPI refund claims processing services provided by the Supplier.
1.2 Clause and Schedule headings shall not affect the interpretation of this agreement.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 Words in the singular shall include the plural and vice versa.
1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.6 A reference to writing or written includes faxes but not e-mail.
1.7 Any words following the terms including, include, in particular 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.
1.8 References to clauses are to the clauses of this agreement.
2 Portal Usage
In consideration of being afforded access to the Portal by the Supplier, and in consideration of the fees paid by the Supplier to the User in return for successful Introductions, the User acknowledges and agrees as follows:
2.1 The User will use the Portal only for the purpose of notifying the Supplier of Introductions.
2.2 The User will only use the Portal to notify the Supplier of genuine prospective PPI claims.
2.3 The User will protect his or her personal username and account number used to gain access to the Portal so that no other person may gain access to the Portal using such username and account number.
2.4 Failure to use the Portal in accordance with the provisions of this clause 2 may constitute fraud and therefore lead to possible serious criminal sanctions.
2.5 Damages alone would not be an adequate remedy for the breach of any of the provisions of this clause 2. Accordingly, without prejudice to any other rights and remedies it may have, the Supplier shall be entitled to the granting of equitable relief (including without limitation injunctive relief) concerning any threatened or actual breach of any of the provisions of this agreement.
The User shall indemnify and keep fully indemnified the Supplier at all times against all liabilities, costs (including legal costs on an indemnity basis), expenses, damages and losses including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable costs and expenses suffered or incurred by the Supplier arising from any breach of this agreement by the User.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
This agreement is personal to the User and the User shall not assign, transfer, mortgage, charge, subcontract or deal in any other manner with any of his or her rights and obligations under this agreement.
6 No waiver
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
7.1 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
7.2 If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
8.1 Any notice or other communication required to be given under this agreement, shall be in writing and shall be delivered personally, or sent by pre-paid first-class post or recorded delivery or by commercial courier, to the party required to receive the notice or communication at its address as set out in this agreement or to such other address as may otherwise be specified by the relevant party by notice in writing to the other party.
8.2 Any notice or other communication shall be deemed to have been duly received:
8.2.1 if delivered personally, when left at the address and for the contact referred to in this clause;
8.2.2 if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting; or
8.2.3 if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
8.3 A notice or other communication required to be given under this agreement shall not be validly given if sent by e-mail.
8.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
9 Third party rights
No person other than a party to this agreement shall have any rights to enforce any term of this agreement.
10 Governing law and jurisdiction
10.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
10.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.
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