Partner Programme Terms

These Terms and Conditions (“Terms”) govern your participation in the Towsty Partner Programme (the “Programme”) via towsty.co.uk (“our site”) (together “Towsty” or “Towsty Partner Programme”).

By applying to join the Programme, you agree to be bound by these Terms. If you do not agree to these Terms, you must not join the Programme or access homeowner leads through Towsty.

We may amend these terms from time to time. Every time you wish to use Towsty, please check these terms to ensure you understand the terms that apply at that time.

Who we are and how to contact us

The Towsty Partner Programme is operated by Correla Limited trading as Towsty (“Towsty”, “we”, “us” or “our”). We are registered in England and Wales under company number 13062055 and have our registered office at Lansdowne Gate, 65 New Road, Solihull, England, B91 3DL.

Our role

Towsty operates an online platform that enables homeowners to submit enquiries relating to heat pump installation and related services. Towsty’s role is limited to collecting homeowner information and introducing those homeowners to suitably MCS certified installers.

Towsty does not provide installation services. Towsty does not act as an agent for installers or homeowners. Towsty is not a party to any contract for survey, quotation, installation, maintenance or any other services agreed between an installer and a homeowner. Any such contract is strictly between you (as the installer) and the homeowner, without any involvement from us.

Towsty does not guarantee that you will receive any particular number of enquiries, any minimum revenue, or any conversion rate. Participation in the Programme does not create any exclusivity or territorial rights unless expressly agreed in writing.

There are other terms that may apply to you

The following additional terms, also apply to your use of our site:

• Our Website Terms of Services,
• Our Privacy Policy, which sets out how we may use your personal information.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site and any of our products/services. When using our site, you must comply with this Acceptable Use Policy.

Becoming an Installer

To join the Programme, you must complete the registration and onboarding process provided by Towsty and supply all information reasonably requested. By applying to join, you confirm that all information you provide is accurate, complete and not misleading.

Towsty reserves the right to verify any information you provide, including your certification status, insurance cover and regulatory standing. Towsty may refuse any application at its discretion and is not obliged to provide reasons for refusal.

You must promptly notify Towsty if any information you have provided changes at any time during your participation in the Programme.

Eligibility and Ongoing Requirements

By registering to join the Programme, you represent and warrant that:

• you are doing business under your own name as a self-employed individual or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity);
• you are either a legal entity or an individual who is at least 18 years old and are able to enter into binding contracts;
• you will use Towsty for business purposes only;
• you hold a valid and current Microgeneration Certification Scheme (MCS) certification for air source heat pump installation from an MCS accredited Certification Body;
• you will maintain all licences, accreditations, approvals and insurances required to lawfully carry out your services;
• you will comply with all applicable laws, regulations, codes of practice and industry standards;
• you operate within Great Britain and be legally entitled to carry on business;
• you will fulfil commitments made to homeowners;
• you will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws;
• any information, images or other documents that you upload to the Programme are true, complete and accurate and you have obtained all necessary licences, consents or other authorisations necessary to use and upload such content; and
• where you register or participate in the Programme on behalf of, or as part of, a business entity, such business entity shall be fully responsible and liable for the acts, omissions, defaults and conduct of any of its employees, agents, subcontractors or representatives in connection with the Programme and any services provided to homeowners through Towsty.

You must notify Towsty immediately if your MCS certification is suspended, withdrawn or lapses, or if you become subject to any regulatory investigation, enforcement action or other circumstance that may affect homeowner trust or your ability to perform installation services.

Towsty reserves the right to suspend or terminate your participation if your certification lapses, if required insurance is not maintained, or if regulatory concerns arise.

You agree that you will not:

• attempt to copy, modify, duplicate, create derivative works from, republish, download, display, transmit, or distribute all or any portion of the Towsty Partner Programme in any form or media or by any means;
• attempt to decompile, reverse compile, disassemble or reverse engineer all or any part of the Towsty Partner Programme;
• access all or any part of the Towsty Partner Programme in order to build a product or service which competes with Towsty;
• licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Programme or homeowner leads available to any third party;
• introduce or permit the introduction of any virus or vulnerability into the Towsty Partner Programme;
• submit reviews for your own services;
• attempt to re-join the Programme having been banned previously, whether under the same or a different business name, trading style, legal entity, or through any associated or connected person or entity.

Geographical Coverage

During registration you will be required to select the geographic areas in which you are willing to provide services. These areas must be defined using UK postcode.

You must only claim homeowner enquiries within postcodes that you have selected and for which you have genuine operational capacity to provide timely and professional services.

You are responsible for keeping your coverage areas up to date. Towsty does not guarantee that enquiries will fall within your selected areas.

Access to leads and permitted use

Homeowner contact details are made available to you only after you actively claim an enquiry through the Towsty platform. Data shared will include name, email, telephone number, property address and key property assessment details.

Towsty may limit installers per area, however, all leads are provided on a non-exclusive basis unless expressly stated otherwise. Towsty may provide the same homeowner enquiry to multiple installers.

You must only accept leads that you have the capacity to undertake professionally and in a timely manner.

Leads are personal to you and your business. You must not sell, transfer, assign or resell any lead. You must not share homeowner contact details with any third party, including subcontractors, unless this is strictly necessary to fulfil the homeowner’s request and you have ensured that appropriate consent and data protection safeguards are in place.

You may use homeowner contact details solely for the purpose of contacting the homeowner in relation to the specific enquiry submitted through Towsty. This includes service related tasks, such as arranging a survey, preparing and providing a quotation, and responding to questions relating to that enquiry.

You must not use homeowner contact details for any other purpose.

Data protection and marketing restrictions

Towsty relies on performance of a contract as the lawful basis for sharing the homeowner’s personal data with installers.

Once homeowner personal data is shared with you, you act as an independent data controller. You are solely responsible for complying with all applicable data protection and privacy legislation, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations (PECR).

You warrant that you will identify and rely upon your own lawful basis for processing homeowner personal data, and will provide homeowners with all information regarding how their data will be used and retained as required by the UK GDPR to ensure lawfulness, fairness and transparency.

Homeowner contact details (including name, email address, telephone number and address) are provided strictly for the purpose of responding to the specific enquiry made through Towsty. You must not:

Use homeowner contact details for general marketing purposes.

Add homeowners to mailing lists or marketing databases.

Send newsletters, promotional messages or unrelated offers.

Retain contact details for future campaigns or unrelated services.

If you wish to use homeowner contact details for your own marketing or other unrelated purposes, you must identify your own relevant lawful basis in accordance with applicable data protection law.

You must implement appropriate technical and organisational measures to protect homeowner personal data and prevent unauthorised access, disclosure or loss. In the event of a personal data breach affecting homeowner data received via Towsty, you must notify Towsty without undue delay at box.correla.privacy@correla.com.

Each organisation will respond to any individual rights requests, it receives from homeowners, independently for their respective organisation.

You must not retain homeowner personal data for longer than is necessary to respond to the specific enquiry, unless and until a separate contract is entered into with the homeowner or the homeowner has provided explicit consent for further retention.

Towsty reserves the right to request reasonable evidence of your compliance with applicable UK data protection legislation and these Terms, including confirmation of your privacy notice and internal data protection practices.

Towsty reserves the right to suspend or permanently remove you from the Programme in the event of misuse of personal data or failure to demonstrate compliance following a complaint or investigation.

Communication Standards

Towsty is built on trust. You agree to uphold high standards of professionalism in all dealings with homeowners.

You must respond to new homeowner enquiries and subsequent homeowner communications within 72 hours of receipt.

You must communicate clearly, honestly and professionally at all times. You must not engage in behaviour that could reasonably be regarded as harassing, aggressive, excessive, misleading or unduly pressurising.

This includes, without limitation:

• Repeated unsolicited calls, emails or messages.
• Continuing to contact a homeowner after they have declined your services.
• Continuing to contact a homeowner after they have requested no further communication.
• Making misleading claims about savings, grants or performance.

If a homeowner asks you to cease contact, you must immediately do so. If a homeowner does not respond after a reasonable number of contact attempts, you must cease further contact unless and until the homeowner re-engages.

Technical Information and reliance

Towsty may provide indicative technical information, property data or estimated figures derived from desktop analysis, EPC data or homeowner inputs. Such information is provided for convenience and informational purposes only.

You acknowledge that this information does not replace a professional on-site survey by you and must not be solely relied upon. You remain fully responsible for system design, compliance with MCS standards, building regulations, grant eligibility and all other technical and regulatory requirements.

Towsty accepts no liability for errors arising from reliance on indicative or homeowner-provided data.

Use of our trademark/branding

Towsty, our logos and our other registered and unregistered trade marks are trade marks belonging to us.  We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

Any third party registered and unregistered trade marks or service marks on our site are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence in respect of such rights.

You must not:

• use the logo or any trademark owned by us as displayed on our site without our prior approval.
• represent yourself as acting on behalf of Towsty.
• suggest that Towsty endorses, guarantees or is responsible for your services.

Confidentiality

During your participation in the Towsty Partner Programme, you may have access to information relating to Towsty’s business, platform, commercial arrangements, systems, homeowners or operations that is confidential in nature (“Confidential Information”).

You agree that you will keep such Confidential Information strictly confidential and will not disclose it to any third party except to your employees/employer who need to know it for the purpose of participating in the Programme and who are subject to appropriate confidentiality obligations.

You must not use Confidential Information for any purpose other than fulfilling your obligations under these Terms. In particular, you must not use it to develop, support or promote a competing service or to solicit homeowners other than in accordance with these Terms.

These obligations do not apply to information that is publicly available (other than through your breach), was lawfully in your possession before disclosure, or must be disclosed by law or regulatory requirement.

Your confidentiality obligations continue during your participation in the Programme and, thereafter, until the information ceases to be confidential.

Suspension and termination

Towsty reserves the right to investigate complaints from homeowners and monitor patterns of behaviour, including repeated complaints, missed response times or data misuse concerns.

Towsty may suspend or terminate your participation in the Programme immediately if:

• You breach these Terms or any other terms applicable to our site;
• You repeatedly fail to respond within 72 hours;
• Your communication practices are deemed excessive, inappropriate or detrimental to homeowner experience;
• You misuse homeowner data, including but not limited to using homeowner data outside the contracted means as outlined within these terms
• Your MCS certification lapses;
• You become insolvent; or
• Your conduct is detrimental to homeowners or Towsty’s reputation.

Upon termination, your access to the Programme will cease immediately. You must cease representing yourself as part of the Towsty Partner Programme and must delete or anonymise homeowner personal data unless you are legally required to retain it.

Termination does not affect any existing contractual obligations between you and homeowners.

Liability

Our site and the Towsty Partner Programme are provided on an “as-is” basis. Towsty does not warrant that our site and/or the Programme will operate uninterrupted, error-free or securely. Towsty makes no warranties regarding any leads that may be obtained from your use of Towsty or the accuracy, reliability or completeness of any information, including homeowner details, provided from your use of Towsty. To the maximum extent permissible by law, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms.

Our total aggregate liability to you, in respect of all loss or damage shall not exceed 100% of the fees paid by you in any 12 month period immediately prior to the event or connected events giving rise to the liability. We shall have no liability for any loss of profits, loss of business, wasted expenditure or any other special, indirect or consequential loss.

Nothing in these Terms shall exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

You acknowledge that you remain contractually liable to homeowners for the provision of any services you provide to them, but you acknowledge that Towsty may suffer reputational damage if you do not perform your contractual obligations under customer contracts properly.

You hereby agree to indemnify Towsty in full against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising directly or indirectly out of your use of the Towsty Partner Programme, any breach by you of any provision of these Terms, or arising out of or in connection with services you provide to a homeowner.

You hereby release us from all liability, claims, demands, and damages (actual and consequential) of every kind and nature, whether foreseeable or not, arising out of or in any way connected with any dispute you have with a homeowner.

Our responsibility for loss or damage suffered by you

To the extent permissible by law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• the use of or reliance on the Towsty Partner Programme, in any way;
• disputes between installers and homeowners;
• loss of revenue, profits or business opportunities; and/or
• any direct or consequential losses.

Fees

Participation in the Programme is on a fee per-lead basis. Payment is taken at the point you claim an individual lead through our site.

Towsty operates a lead credit system in accordance with its Lead Credit Policy, as updated from time to time. If you wish to request a credit for a purchased lead, you must do so via the Towsty Partner Programme portal in line with the process and timeframes set out in the Lead Credit Policy. All credit requests are subject to review and approval at Towsty’s sole discretion.

Where a credit request is approved, the value of the relevant lead will be applied to your account as a credit balance. Credits are non-transferable, have no cash value and cannot be redeemed for cash or refunded. Where you have an available credit balance, such credit will automatically be applied to future lead purchases before any card payment is taken. Unless otherwise agreed in writing, credits will expire 90 days from the date of issue

Towsty reserves the right to amend the fees for leads or the validity period of credits from time to time. Towsty also reserves the right to introduce subscription fees, commission structures or other commercial terms in the future. Towsty will provide reasonable notice before introducing such changes. Continued participation in the Programme following such notice will constitute acceptance of the updated commercial terms.

General

• These Terms are personal to you and you will not assign or transfer or subcontract any of your rights or obligations without our prior written consent.
• We may transfer our rights and obligations under these Terms to another organisation, and if that transfer is by means of novation, you hereby grant your consent in advance to that novation.
• These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
• A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.
• To the extent any provision of these Terms is held illegal, invalid, or unenforceable, in whole or in part under applicable law, its illegality, invalidity or unenforceability will not affect the other provisions, which will continue in effect. Each of the paragraphs of these Terms operates separately.
• These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.