Halo Financial – Partner Terms & Conditions

Last reviewed – 18 October 2024. 

1.0 Definitions

“We, Us and Our” means Halo Financial Ltd of Battersea Studios 2, 82 Silverthorne Road, London SW8 3HE.

“You and Your” means You, the Referring partner, as identified on this REFERRING PARTNER AGREEMENT who shall refer and introduce prospective Clients to Us on the basis outlined in the REFERRING PARTNER AGREEMENT.

“Agreement” means this Referring partner Agreement.

“Associate” means any company under the control of, controlling or under common control.

“Business Day” means any day when the clearing banks in the City of London are open for business.

“Client” means any person, firm or company whom You Introduce to Us and with whom we contract to provide Our Services.

“Confidential Information” means any confidential or business sensitive information that either party may disclose to the other as being confidential or that the receiving party ought reasonably to realise is of a confidential nature, including without limitation information relating to a Client, Trade or the Terms of this Agreement.

“Data Protection Act” means all legislation including or derived from Directive 95(46) EC including but not limited to the Data Protection Act 1998 and the General Data Protection Regulations (GDPR) and all other relevant legislation within English law.

“Gross Profit” is the difference between the rate at which We sell or buy foreign currency respectively to or from a Client and the rate at which We buy or sell the corresponding sum respectively from or to Our bank, less bank transfer charges and any other costs directly related to the transaction and the associated payment transfer.

“Referring partner Agreement” or “REFERRING PARTNER” means this document which sets out the details of the Referring partner Commission payable by Us to You subject to these Terms & Conditions.

“Referring partner Commission” means the commission paid to You and calculated as detailed in this Referring partner Agreement and subject to these Terms.

“Notification” means the process of giving Us verbal or written notice to engage with a potential Client who may wish to use Our Services.

“Services” means the execution by Us of a Trade on a Client’s behalf.

“Start Date” means the date of this Referring partner Agreement.

“Terms” means these terms and conditions.

“Trade” means any transaction into which We and Your Client enter to purchase or sell and deliver currency.

2.0 Introduction of Business

2.1           You shall introduce Clients to Us on the basis outlined within this REFERRING PARTNER AGREEMENT.

2.2           When introducing a Client to Us, You will ensure (and will upon Our request provide Us with evidence) that the Client has consented in writing to having their details passed to Us, in accordance with the GDPR, and that they are fully aware that We will contact them to explain our services in more detail.

3.0 Duration

3.1           These Terms will come into force on the Start Date and will continue thereafter unless or until terminated pursuant to the provisions of Clause 8.

4.0 Commissions

4.1           In return for You referring Clients to Us, we agree to pay You REFERRING PARTNER COMMISSION as set out above.

4.2           We will pay You REFERRING PARTNER COMMISSION calculated as set out in the REFERRING PARTNER AGREEMENT on each occasion that a client performs a Trade with Us.

4.3           Payment will be made in the month following the maturity and full settlement of a Client Trade. If REFERRING PARTNER COMMISSION does not exceed £100 (one hundred Pounds sterling), the REFERRING PARTNER COMMISSION will be carried forward until the cumulative £100 threshold is reached. For the avoidance of doubt, payment will be made to You, and not to any other third party, to the bank details outlined in the REFERRING PARTNER AGREEMENT.

4.4           For the avoidance of doubt, we will only pay You REFERRING PARTNER COMMISSION for Clients that are not already existing or potential Clients of Ours, are already on Our database or have previously requested information from Us.

4.5           In order to comply with the GDPR, we will remove Clients’ personal details from any reports that we may send to you on Trades and your commissions thereon.

5.0 Warranties and Undertakings

5.1           You warrant and undertake that:

5.1.1        should You become aware of any change to the financial circumstances of any of the Clients You refer to Us or where You reasonably think that any changes to a client’s position might affect Our decision to continue dealing with that Client, you will notify Us of the changes as soon as You reasonably can.

5.1.2        You shall at no time advertise or publicise any information or other material relating to Us without Our prior written approval subject to the provisions of Clause 10.7.

5.1.3        You shall not act in any manner that would expose Us to any liability.

6.0 Liability

6.1           We will not be liable for any indirect, special or consequential damages (including loss or damage that You suffer as a result of action brought by a third party) or any loss of revenue, profits or data caused by the failure or delay of any third party in the transmission, provision or delivery of any Service provided in connection with this Agreement, to the fullest extent permitted by law even if such loss were reasonably foreseeable.

7.0 Confidentiality

7.1           During and at any time after the termination of this Agreement by either party, neither party will directly or indirectly divulge to any person or company any Confidential Information concerning the business affairs of the other party.

8.0 Termination

8.1           This Agreement may be terminated by either party at any time and with or without cause, by giving no less than 30 days’ written notice.  In the event of termination, any entitlement You have to REFERRING PARTNER COMMISSION shall terminate forthwith and you shall only be entitled to receive REFERRING PARTNER COMMISSION in respect of qualifying transactions undertaken by qualifying Clients during the Period up to Termination.

8.1.1        The Referring Partner agreement starts on the date that you (The REFERRING PARTNER) signed the document, and this will be open ended with no expiry date, and you will receive commissions in line with the agreement that you signed. The Company reserves the right to amend and supplement any of the stipulated terms and conditions in this Partnership Agreement at its absolute discretion. The Company is obliged to give prior notice to the Partner thirty (30) calendar days in advance.  Commissions are paid for the life of the referred customers trading with Halo. We (Halo Financial Limited) do have the right to stop paying commissions should you not refer to Halo Financial any new business within 12 months of your last referral who has traded with us.

8.2           Either party may immediately terminate these Conditions by written notice to the other party if the other party:

8.2.1        commits any material breach of any of the provisions of these Terms and, in the case of a breach capable of remedy, fails to remedy the breach within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied.

8.2.2        ceases or threatens to cease carrying on business or enters bankruptcy, receivership, voluntary liquidation or administration or compulsory winding up proceedings, makes any arrangements with its creditors or enters any analogous proceedings or arrangements.

8.3           For the purposes of Condition 8.2 a breach will be considered capable of remedy if the party in breach can comply with the provision in question in all respects other than as to the time of performance (provided the time of performance is not of the essence).

8.4           The termination of these Terms shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

9.0 Variation

9.1           We reserve the right to amend or change any of the provisions contained within this Agreement at any time and at our sole discretion by giving You one month’s written notice, signed by one of Our company Directors.

9.2           Any REFERRING PARTNER accrued but unpaid at the time of any notice of variation is exempt from variation and will be honoured as per section 3.

9.3           Once We have given You written notice of any variation of these Terms in accordance with clause 9.1 above, if You continue to refer Clients to Us then You will be deemed to have accepted and to continue referring Clients in accordance with these Terms as so modified.

10.0 General

10.1         This REFERRING PARTNER AGREEMENT and these Terms constitute the entire Agreement and understanding between Us and You and supersede all verbal communications and prior written agreement relating to it.

10.2         You agree that nothing in the Terms will be deemed to create a partnership, joint venture or agency relationship between the parties.

10.3         Nothing in this Agreement is intended to confer any benefit on any third party (whether referred to herein by name, class, description or otherwise) or any right to enforce an agreement.

10.4         Should any of these clauses of this Agreement be deemed unenforceable or illegal, the remaining clauses will nevertheless continue in full force and effect.

10.5         You may not assign or otherwise transfer the benefit of this Agreement without Our express written consent.  We may assign and/or novate Our rights and obligations under the Terms to any third party and You hereby consent without reservation to any such assignment or novation.

10.6         Any consent to be given by Us shall only be binding if given by Our Board Director in writing.

10.7         In order to facilitate the promotion of the parties’ respective services, both parties agree to grant to one another a limited license to use certain specified Trademarks and branding, which may be used in a co-branded format. Before using the other party’s brands, each party shall provide the other with an example of the materials with an explanation of its intended use but may not put the intended use into effect without the prior consent in writing of the other party, separately for each intended use.

10.8         Any notice given under these Terms shall be delivered to You by hand, pre-paid first-class post, or by email to the address specified within the REFERRING PARTNER AGREEMENT or such other addresses as the parties may notify to each other in writing from time to time.  Such notice shall take effect on and be received by You a) if sent by personal delivery, upon delivery at the address of the relevant party b) if sent by first class post, two Business Days after the date of posting within the UK and five Business Days internationally c) if sent by email the date of dispatch.

10.9         This Agreement will be governed and construed in accordance with English Law and any dispute pursuant to these Terms shall be subject to the exclusive jurisdiction of the English Courts.