Changes to the Partner Contract

As you will know doubt be aware, a new data protection legislation is being introduced in the UK and the EU. It's called the General Data Protection Regulation (GDPR) and will apply in full as of 25 May 2018.

The GDPR will significantly change and update the data protection regime across the EU. At plan.com, we've taken steps to comply with this legislation and as such have, amongst other things, updated our Partner Agreements (Partner Agreement) across our network. These require you to sign and therefore accept the new terms.

At the same time, we have made certain other amendments to the Partner Agreement to ensure continued compliance with the law/regulations. For instance, we have introduced a clause to deal with the Modern Slavery Act 2015.

Please note:

1.1 Capitalised terms, unless they are otherwise defined, have the meanings given to them in Schedule 1 (Definitions) of the Partner Agreement.

1.2 The partner Agreement applies in respect of the provision of the Services to the exclusion of any other terms that the Partner seeks to impose or incorporate, or which are or may be implied by trade, custom, practice or course of dealing.

1.3 If it is found that there is an inconsistency between the Partner Agreement (including its Schedules) and/or the Partner Guide(s), the documents shall be interpreted in the following order of precedence:

(a) Schedule 2 (Service Descriptions and Service Specific Conditions);

(b) the terms and conditions of this Agreement and Schedule 1 (Definitions); and

(c) the Partner Guide(s);

A top-level summary of the changes are as follows. Please be aware that this is not an exhaustive list of all the changes made in the Partner Agreement. You should read all the terms of that agreement for a complete understanding of the changes made – this is meant as a summary of the changes/amendments made:

  • Clause 2.3(a) allows Plan to terminate the agreement after the Initial Term (as defined) by 30 days' notice and a new clause 2.3(b) allows the partner to terminate the agreement after the Initial Term of any Continued Duration by giving not less than 90 days written notice.
  • Clause 3.11 confirms if a Connection has been In Contract for less than sixty (60) days and the Contract is being terminated and there is an outstanding payment owed to Plan, then Plan has the right to recommit and retain that Connection itself including Plan may also take over the management of that Connection or unilaterally transfer it to another Partner.
  • Clause 3.12 introduces a requirement for the Partner to give 10 working days' notice in writing before trading with another Partner or connecting an existing Partner Handled Customer to another network
  • Clause 4.10 clarifies distance selling requirements and refers to schedule 4 which introduces the requirements and the standards considered acceptable for distance selling Plan's Services. Previously these details were included in a separate agreement but now they have been integrated into the Partner Agreement and deal with obligations of the Partner and Plan, training, sales acquisition process, sales compliance policy, code of conduct, sanctions, Partner representations and scripts, including DD, sales and verification scripts.
  • Clause 8 refers to the circumstances Plan may withhold/clawback Commission owed.
  • Clause 9 introduces more clarity around the process around a Security Deposit.
  • Clause 10 introduces a new clause dealing with Complaints and Queries and in particular introduces an adjudication service requirement
  • Clause 15 is the Data Protection clause and is where the majority of the amendments lie (including in the definitions section). It requires the partner to comply with the GDPR and the new principles exalted and ensures the processing of personal data is in accordance with the new regulations and includes an indemnity thereto.
  • Clause 16 ensures the Partner is complying with the new Modern Slavery Act and it did with the Anti-Bribery legislation. This is a requirement under the law.
  • Clause 17 deals with the consequential amendments that stem from the amendments to various Plan Policies.
  • Clause 18 deals in more detail with the rights and consequences of a Partner breaching the partner Agreement including Partner Handled Customers and if such Customer's approach Plan.
  • There is clarification around the clause 25, which deals with the consequences of termination and the conditions around the time after termination.
  • The reference to the appointment of agents has been removed – the old clause 31.2.
  • The Insolvency Event definition has been up-dated.
  • Emergency Access has changed in accordance with the regulations under Part G – VoIP Services and includes the importance of accurate User Information.