Home Travel Consultant Agreement
This Agreement ("Agreement") is entered into by and between Experience It Now Travel, hereinafter referred to as the "Company," and the name entered on the above form, hereinafter referred to as the "Home Travel Consultant."
Definitions and Interpretation
1.1 In this Agreement, the following words and expressions shall (except where the context otherwise requires) have the following meanings:
"Commission" means the amount paid to the Consultant when a booking falls into profit at the agreed rates, which may vary from time to time.
Joining Fee and Subscription
2.1 The Home Travel Consultant agrees to pay a joining fee of £295 upon execution of this Agreement.
2.2 Subsequently, a monthly subscription fee of £49 will be charged starting the month after you complete your training.
The Services
3.1 The Company engages the Consultant to provide and sell travel services to potential clients. The Consultant agrees to provide these services from their home address, inform the Company of any address changes promptly, and deliver services with reasonable care and skill.
3.2 The Company shall provide full training to the Consultant to ensure proficiency in delivering travel consultancy services.
Term
This Agreement commences upon signature and continues unless terminated under the provisions of clause 10 or until either party provides one month’s notice in writing to the other.
Commission
5.1 The Home Travel Consultant will receive 70% of the net commission recieved by Experience It Now Travel (This equates to 63% of the gross commission paid by the supplier) for each successful travel booking made through their consultancy services.
5.2 Commission becomes due at a rate of 100% of the commission the month prior to travel and will be paid on the 12th day of the month or the first working day thereafter.
5.3 The Company shall provide a self-billing invoice in respect of commission due for payment that month by the 5th day of the month. The Consultant has 5 days after the invoice to dispute the amount in writing.
5.4 In case of Commission overpayment, the Consultant shall refund the full amount to the Company, and the Company may deduct such overpayments from any amounts outstanding to the Consultant.
Liabilities
6.1 The Consultant shall pay/repay to the Company an amount equal to any Chargebacks incurred by the Company.
6.2 The Consultant shall not be permitted to make any loss-making Booking and shall be responsible for the full amount of any negative Commission. The Company shall be entitled to deduct from the Consultant’s monthly Commission payments such amount as is necessary to put the Company in the position it would have been in had no loss-making Booking been made.
6.3 If the Consultant makes any errors that result in a financial loss to the Company (including, but not limited to, administrative errors such as the misspelling of a name on a booking). The Company shall be entitled to deduct such amount from the Consultant’s monthly Commission payments, or (if such deduction is insufficient to recover the full amount of the loss) to collect the shortfall by direct debit.
Confidentiality and Security
7.1 The Consultant agrees to maintain the confidentiality of the Company's information, encrypt and/or protect confidential information, and comply with the Company's data protection policy.
Data Protection
8.1 The Consultant consents to the Company holding and processing data relating to the Consultant for legal, personnel, administrative, and management purposes. The Consultant shall comply with the Company's data protection policy.
Competing Business
9.1 The Consultant may engage in other business activities unless it breaches their obligations under this agreement, relates to a similar or competitive business, or conflicts with the priority of providing services to the Company.
Termination
10.1 The Company may terminate this Agreement immediately for specified reasons, including breaches of confidentiality, negligence, incompetence, or disrepute.
10.2 The Home Travel Consultant can cancel their subscription at any time with 30 days notice.
10.3 Once your subscription has been cancelled any future commission left to be paid will be paid at 40% to allow for the fact The Company will take on supporting your customer after you have left.
Status, Tax Liabilities, and Tax Indemnity
11.1 This Agreement constitutes a contract for services, not employment. The Consultant is responsible for their tax obligations and shall indemnify the Company for any associated liabilities.
General
12.1 The Consultant may not assign this Agreement without the Company's written consent. This Agreement supersedes any prior agreements and can only be varied in writing by both parties.
Copyright
13.1 The ownership of the copyright in all material prepared by the Consultant for the Company shall be vested in the Company.
Governing Law
14.1 This Agreement is governed by and construed in accordance with the law of England and Wales.