1. When you refer a person (‘the Referred Person’) to become a prospective client of IMS Accounting Limited and/or one of its preferred service providers (‘IMS’) or you wish to switch to IMS from another service provider, in which case you will be a Referred Person, you will be deemed to have made an offer (‘the Offer’) to IMS on the basis of these terms and conditions (as amended from time to time) which shall be deemed to have been incorporated in the Offer.
2. You must furnish such information in respect of the Referred Person as is reasonably required by IMS.
3. You warrant that you have the permission of the Referred Person to provide information pertaining to the Referred Person.
4. The Offer will not apply in respect of any Referred Person who is an existing client of IMS, or was such a client at any time during the 12 months prior to the Offer, or does not contract with IMS for any services provided by IMS, or does not remain a paying and good standing client of IMS pursuant to such contract for at least 6 months or is unacceptable to IMS in its sole discretion.
5. The Offer will be irrevocable and remain open for acceptance indefinitely.
6. Unless IMS accepts the Offer in writing by email, text message, letter or otherwise determined by IMS addressed to you at such email address, mobile telephone number, postal address or other as provided to us there shall be no acceptance and therefore, without limitation, IMS will not be deemed to have accepted the Offer in any other circumstances or merely by doing business with the Referred Person will not deem IMS to have accepted the Offer.
7. Once the Offer has been accepted, the amount up to a maximum of £200 which IMS will pay (‘the Referral Fee’) will be determined by IMS in its sole discretion depending on the type of fee generating service in respect whereof the Referred Person commits and proportionality, and such determination shall be final.
8. If you are a fee paying client of IMS, IMS may in its discretion deduct the Referral Fee from any amount that you owe and/or which becomes owing to IMS.
9. If you are not a fee paying client of IMS the Referral Fee will be paid to you direct.
10. Whether you are a fee paying client of IMS or not, the Referral Fee will not be deducted or paid as the case may be before the Referred Person has been a fee paying client of IMS and remained in good standing for a period of 6 months.
11. IMS shall be entitled to change these terms and conditions at any time by effecting such change on this or any successor website.
12. You must ensure at the outset that you disclose to the Referred Person that you may be paid by IMS for successfully referring the Referred Person and ensure that the Referred Person acknowledges to IMS that they have been referred on the basis set out in these terms and conditions.
13. You represent that by referring the Referred Person you are not as contemplated in the Bribery Act 2010 performing a function of a public nature, nor engaged in an activity connected with a business or in the course of employment, nor acting by or on behalf of a body of persons (whether incorporated or unincorporated) and that if you are performing, engaged or acting as aforesaid you are not expected by referring the Referred Person to act in good faith, be impartial or serve in a position of trust.
14. Payments will be made to Referrers against invoice. Unless otherwise specified, IMS will procure the preparation of a pro forma invoice on your behalf.
15. If the Referred Person was referred to you by a third party, you will procure, that such third party agrees to these Terms and Conditions.