1. These terms and conditions (the “Terms”) apply to Hofy’s Referral Program. By submitting a referral or otherwise participating in the program you agree to be bound by the terms.

1. 1.1. Customers or contacts of Hofy may refer prospective Hofy customers to Hofy via an online form.
2. 1.2. A referral meeting all the conditions set out below shall be an “Eligible Referral”:
3. 1.2.1. The Referral must be submitted to Hofy via a fully-completed form linked here. Only one Referral per form may be submitted; and
4. 1.2.2 The Referral must be made by:
   a) an existing customer of Hofy, or 
5. b) an individual who is employed or engaged by an existing customer of Hofy, or 
6. c) a contact of Hofy (excluding employees, consultants or directors of Hofy). 
   In each case, a “Referrer”.

1. 1.2.3  The prospect referred to Hofy must not be an existing customer or an existing prospect of Hofy; and   
2. 1.2.4  The Referral may not be made by an existing Referral partner of Hofy. Any referrals made by an existing Hofy referral partner shall be subject to the terms in force between Hofy and that partner; and
3. 1.2.5 If multiple Referrers submit a form for the same Referral, only the form which is received first will qualify for a commission payment, where applicable.

1. 2.1. Hofy shall make a Commission Payment to the Referrer for any Eligible Referrals which satisfy the Payment Conditions.  
2. 2.2. The Payment Conditions are:
3. 2.3. The Eligible Referral must submit an order to Hofy for equipment and services within two months of the Eligible Referral being successfully submitted according to clause 1.2.1; and
4. 2.4. The Eligible Referral must pay Hofy’s first invoice in accordance with the terms of the applicable purchase order; and
5. 2.5. The Eligible Referral must comply with Hofy’s terms and conditions of service.
6. 2.6. Hofy will notify a Referrer if an Eligible Referral becomes eligible for a Commission Payment. ‍
7. 2.7. Calculation of Commission: Hofy shall pay an amount to Referrer in consideration for one Qualified Referral (according to section 2.4) according to the criteria below (a “Commission”). The Commission amount is calculated as of the day the Qualified Referral signs its first purchase order. The Commission shall equal:

• • £200.00 
• ◦ For Eligible Referrals with 1 - 100 employees;
• ◦ Where the Eligible Referral submits an order for goods and services of at least £10,000 within the first three months of their contract, including access to any Hofy SAAS tier.

• • £350.00 
• ◦ For Eligible Referrals with 101 - 500 employees;
  
• ◦ Where the Eligible Referral submits an order for goods and services of at least £25,000 within the first three months of their contract, including access to any Hofy SAAS tier.
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• • £500.00 
• ◦ For Eligible Referrals with 500+ employees;
• ◦ Where the Eligible Referral submits an order for goods and services of at least £40,000 within the first three months of their contract, including access to any Hofy SAAS tier.

The applicable commission shall represent the Referrer’s sole remuneration for their activities under these Terms.

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1. 3.1 Where an Eligible Referral meets the Payment Conditions, Hofy shall notify the Referrer as soon as reasonably practicable, including the amount of Commission due.    
2. 3.2 Hofy shall pay any Commission which is due to the Referrer to a verified UK account nominated by the Referrer. Hofy reserves the right to refuse to make payment to any account which is not a verified UK account in the name of the Referrer. If Hofy agrees to make payment to any non UK account, Hofy may deduct international transaction fees from the Commission payment due to the Referrer.   
3. 3.3 All amounts referred to in are inclusive of all taxes, including national and local sales, use or value added taxes (VAT), goods and services tax (GST), consumption tax, customs duties, withholding taxes and any other similar local taxes, surcharges, levies or fees that are due to any governmental authority, in any jurisdiction, which where chargeable, shall be payable by Hofy at the rate and in the manner prescribed by law without deduction.

1. 4.1 Hofy shall not be obliged to notify Referrer that a Referral is an Eligible Referral unless the Eligible Referral also meets the Payment Conditions.
2. 4.2 Referrers expressly acknowledge that they have no authority to accept any order from, or enter into any contract with, any third party for the sale or supply of any products or services in the name of or on behalf of Hofy or otherwise bind Hofy to any third party, nor shall they commit to do so or commit Hofy to do so.
3. 4.3 Referrers shall make or give any representation, warranty, condition or guarantee, or enter into any agreement or contract, incur any liability or do any other act in the name, or on behalf of, Hofy and shall not in any way pledge the credit of Hofy and shall not permit any of their personnel to do any of the foregoing.
4. 4.4 Each Party represents and warrants that it has the right to enter into these Terms and entering into, and the performance of its obligations under, does not and will not conflict with, or result in the breach of, any agreement or understanding with any third party to which it is party, and no such agreement interferes or will interfere with its performance of its obligations under these Terms.
5. 4.5 The Referrer acknowledges that its relationship with Hofy is that of an independent third party. Nothing in this agreement shall create any form of employment relationship between Hofy and the Referrer, and the Referrer acknowledges that Hofy shall not be responsible for deducting any form of income tax, national insurance, social security or equivalent employment taxes from any Commission. In the event that any such taxes are deemed to be payable by any relevant authority, the sum paid to the Referrer shall be inclusive of such taxes, and the Referrer shall account for such taxes directly to the relevant authority.
6. 4.6 The Referrer acknowledges that Hofy shall be entitled to process their personal data under this Program in accordance with Hofy’s Privacy Policy.

Nothing in these Terms shall cause the ownership of any Intellectual Property Rights belonging to Hofy to be transferred to the Referrer.

1. 6.1 Neither Party's liability:
2. (a) for death or personal injury caused by its negligence;
3. (b) for fraudulent misrepresentation or for any other fraudulent act or omission;
4. (c) for any other liability which may not lawfully be excluded or limited,
5. is excluded or limited by these Terms, even if any other term of these Terms would otherwise suggest that this might be the case.
6. 6.2 Subject to clause 7.1, Hofy’s total liability arising out of or relating to or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited, in aggregate for all claims arising during any calendar year, to a maximum of £500.

1. 7.1 These Terms shall commence on the Effective Date and shall, unless sooner terminated in accordance with its terms, continue in force until 1 March, 2024 in accordance with the remainder of this clause 8 ("Term").
2. 7.2 Hofy may terminate these Terms immediately by written notice published on its website.

These terms are governed by English law. The Parties submit to the exclusive jurisdiction of the English courts in relation to any dispute or difference between the Parties arising out of or in connection with, its interpretation or subject-matter.