The following companies will hereby known as Richard James:
Richard James (Old Town) Ltd, Richard James (West Swindon) Ltd, Richard James (East Swindon) Ltd, Richard James (Highworth) Ltd, Richard James (Wroughton) Ltd, Richard James (RWB) Ltd, Swindon Home Finders Ltd, MRJ Sales Ltd, MRJ Lettings Ltd, Richard James Estate Agents Ltd.
Referral Programme Agreement ( “this Agreement” or “Referral programme”)
1. Registration of Referral
1.1 Registration process
We will register your referrals and track their transactions. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may establish over time. If the referred person cannot be contacted by Richard James then the referral is deemed as null and will be refused.
1.2 Referral Reward
We will pay you a referral commission ( “Referral Commission”) of £100 for each property that is introduced by yourself, successfully sold or let and completed and all payable fee’s paid in full as a result of your personal referral registered with Richard James. This payment will be made once all validation of the property has been made, completed and payable fees paid in full.
We reserve the right to change any of the terms and conditions contained in this Agreement at any time by posting a change notice or a new agreement on www.richardjames.info/spendlocally.
Modifications may include changes to commission, payment procedures and conditions of membership for you and your referrals. By continuing in the referral programme you are accepting the new terms and conditions following any posting of a change notice.
1.4 Your Application
To register a referral you will need to accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting an online application form. We reserve the right not to accept your application and our decision is final and not subject to any right of appeal.
The referral is valid for the 60 days after application has been received. If we have not been able to contact the referred person then this application is deemed invalid. You will be notified that the referral has been deemed invalid.
2. Your Rights and Obligations
2.1 Referral Fee Payout Requests
Each payment / reward will be made by cheque / post and will take place as per point 1.2 in this agreement . Should more than one successful referral take place during one period. A cheque/reward covering total commission owed will be sent/paid in one cheque.
You shall defend, indemnify, and hold us, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with
(a) any breach by you of any warranty, representation or term contained in this Agreement,
(b) the performance of your duties and obligations under this Agreement,
(c) your negligence or
(d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Referral programme.
4. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the referral programme. Further, our aggregate liability arising with respect to this Agreement and the referral programme will not exceed the total Referral Commissions paid or payable to you under this Agreement.
5.1 Governing Law
The laws of England will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in England and you irrevocably consent to the jurisdiction of its courts.
Our failure to enforce any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement. No modifications, additions or deletions of this Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.