Kitchen Concierge Partner Terms Of Agreement
Between: Kitchen Concierge ("Broker") AND The Kitchen Supplier ("Partner")
1. The Core Agreement: Pay-Per-Sit Model
Kitchen Concierge operates strictly on a "Pay-Per-Sit" model. There are zero monthly retainers or setup fees.
1.1 Cost: The Partner agrees to pay a fixed fee of £250 for every physically verified homeowner who attends an appointment (either in-showroom or at the customer’s property) booked through Kitchen Concierge.
1.2 Financial Risk: The Partner assumes no financial risk until the appointment has taken place.
2. Lead Distribution & Calendar Integration
2.1 Optimal Fit Allocation: Leads are distributed based on "Optimal Partner Fit"—factoring in the customer's budget, design requirements, and geographic location.
2.2 Mandatory Integration: The Partner must provide Kitchen Concierge with access to their primary calendar (Google, Outlook, or Apple). Kitchen Concierge will manage the scheduling interface to ensure a seamless booking experience for the lead.
2.3 Scheduling Logic: Kitchen Concierge agrees to configure the booking system with reasonable "Buffer Zones" (e.g., travel time for home visits and reset time for showroom visits) to prevent overlapping appointments and ensure the Partner has sufficient time to attend.
2.4 Responsibility: It is strictly the Partner's responsibility to keep this calendar updated to reflect accurate availability.
3. Payment Triggers & Dispute Logic
3.1 The Standard Charge: The Partner agrees that the Appointment Fee is chargeable upon the occurrence of the appointment (whether in-showroom or at the home). The fee is for the opportunity to sell, not the guarantee of a sale.
3.2 Valid Refund Criteria: A Partner may dispute the charge and request a refund/waiver ONLY if they respond "DISPUTE" within the verification window due to:
(A) Objective Budget Failure: The homeowner’s budget is confirmed to be below the partner’s minimum requirement.
(B) Scope Mismatch: The homeowner requires a service or material the Partner does not provide.
(C) Discretionary Exceptional Circumstances: Reviewed and granted on a case-by-case basis at the sole discretion of Kitchen Concierge.
3.3 The "Active Engagement" Override: Notwithstanding Clause 3.2, if a Partner marks a lead as "DISPUTE" but proceeds to perform sales actions—including creating a design, issuing a pricing estimate, or conducting a second visit—the dispute is void and the Appointment Fee remains payable.
3.4 Revocation of Lead Exclusivity: A successful dispute results in the Revocation of Lead Exclusivity and Kitchen Concierge reserves the right to pass the Lead’s details to another Partner in the network who may be a better fit.
(A) Cessation of Activity: Once a dispute is granted, it is understood that the Partner ends further commercial communication with the Lead. If it is discovered that the Partner continued the commercial opportunity without informing Kitchen Concierge, the Partner becomes liable for the Non-Circumvention penalties in Clause 7.
(B) Resumption of Interest: If a previously rejected or no-showed Lead returns to the Partner and wishes to proceed with a project, the Partner may resume the commercial opportunity and must notify Kitchen Concierge within 72 hours. In this event, the original Appointment Fee will be re-applied to the Partner's account. Failure to notify Kitchen Concierge of a resumed opportunity will be treated as a breach of Clause 7.
4. Appointment Verification & Auto-Billing
4.1 The Verification Window: Upon the scheduled start time of an appointment, Kitchen Concierge will transmit an automated verification request (via SMS/Email). The Partner has a window of 72 hours to respond with one of the following statuses:
(A) YES: The lead attended.
(B) NO: The lead did not attend (No-Show).
(C) DISPUTE: The lead attended but is being disputed under Clause 3.2.
4.2 The "Deemed Success" Protocol: If the Partner fails to respond within the 72-hour window, the appointment is automatically assumed to be "YES" (Confirmed) and will be charged accordingly.
4.3 Refund Policy: Kitchen Concierge will issue a refund for any automated charge if the Partner informs us of a no-show or a successfully disputed lead within 14 days of the charge.
5. Service Level Agreement (SLA) & Pipeline Transparency
Partners are held to a strict SLA to protect the Concierge brand reputation and ensure data accuracy.
5.1 Pipeline Reporting: To ensure Kitchen Concierge can optimise lead quality, the Partner agrees to maintain accurate and timely status updates for all leads within the provided portal (or via email reply) as they progress through the sales pipeline.
5.2 Calendar Negligence: If a Partner fails to maintain an accurate calendar, resulting in Kitchen Concierge booking a time that is actually unavailable:
If the lead cooperates and reschedules: No financial penalty.
If the lead refuses to reschedule and the opportunity is lost: The Partner will be charged a £50 Commitment Fee to cover the wasted lead acquisition and administrative cost.
5.3 No-Show Penalty: If a Partner fails to attend a booked appointment, they will be charged the full appointment fee.
6. Media Exchange & Usage Rights
6.1 The Exchange: Kitchen Concierge will provide the Partner with at least five (5) professional photo/video shoots of completed customer projects at zero cost. Future shoots may be arranged for successful projects at Kitchen Concierge’s discretion.
6.2 White-Label Usage: Kitchen Concierge will use this media in national and local advertising campaigns on a "white-label" basis. We will strictly withhold the Partner’s brand name and showroom address in these advertisements to protect the integrity of the lead-generation system.
6.3 Attribution & Truth in Marketing:
Historical Projects: For shoots of projects not generated via a Kitchen Concierge lead, Kitchen Concierge agrees not to explicitly claim the project was a result of its service. These assets will be used for general brand inspiration and quality demonstration.
Concierge Projects: For projects generated via a Kitchen Concierge lead, Kitchen Concierge reserves the right to contact the homeowner directly to arrange media capture and may publicly attribute the project to the Kitchen Concierge network.
6.4 Licensing: Kitchen Concierge retains full copyright of all media captured. Kitchen Concierge grants the Partner a perpetual, non-exclusive licence to use media as follows:
(A) Raw Project Assets: The Partner is granted a licence to use all imagery and video of the physical kitchen without the discernible presence of the broker for both organic marketing and paid advertising campaigns.
(B) Broker-Featured Content: For any media featuring the discernible presence of the Broker (the 'Face of the Brand'):
Organic Permission: The Partner may use this content for organic marketing on their own branded channels only.
Paid Advertising Restriction: The Partner is strictly prohibited from using such content in Paid Advertising campaigns. This ensures brand exclusivity and prevents direct audience competition for the same lead pool.
7. Non-Circumvention
7.1 Breach of Agreement: The Partner agrees not to conceal successful appointments or provide false reporting to avoid the Appointment Fee.
(A) Definition of Breach: A material breach occurs if the Partner conducts the initial appointment and continues to progress the commercial opportunity with a Lead, but maintains a "NO" or "DISPUTE" status in the Kitchen Concierge system. It is the responsibility of the Partner to provide these status updates; failure to notify Kitchen Concierge of a progressed or resumed opportunity as per Clause 3.4(B) will be deemed a breach of this clause.
(B) Resolution: For every instance of verified fraud or circumvention, the Partner agrees to:
(i) Immediately settle the original £250 Appointment Fee that was bypassed.
(ii) Face Immediate Termination of the partnership and removal from the Kitchen Concierge network.
7.2 Verification Authority: Kitchen Concierge reserves the right to contact homeowners directly to verify attendance and service quality.
(A) Conflicting Reports: In the event of a dispute between a Partner’s "No-Show" claim and a homeowner’s confirmation of attendance, Kitchen Concierge will conduct an internal review.
(B) Final Determination: While a single discrepancy may be investigated as an administrative error, Kitchen Concierge’s determination on lead attendance is final for billing purposes.
8. Data Protection & Permitted Use
8.1 Purpose Limitation: The Partner agrees to use the homeowner contact details solely for the purpose of fulfilling the kitchen consultation and related home improvement services.
8.2 No Unsolicited Marketing: The Partner is strictly prohibited from adding the homeowner's details to general marketing newsletters, email blasts, or third-party lists without the homeowner’s explicit, separate consent obtained during the appointment.
8.3 GDPR Compliance: Both parties agree to comply with the UK Data Protection Act 2018. If a homeowner requests their data be deleted, the Partner must comply immediately.
9. Payment & Account Status
9.1 Payment Method & Verification: Upon signing, the Partner agrees to pay a non-refundable Verification Fee of £1.00. This transaction serves to validate the Partner’s credit/debit card and authorises Kitchen Concierge to store this payment method on file. The Partner hereby authorises Kitchen Concierge to automatically charge this stored card 72 hours after any future appointment time (unless a valid "No-Show" or "Dispute" status was logged) in accordance with the terms of this Agreement.
9.2 Payment Failures & Service Pause: If the automatic charge fails:
Immediate Notification: The Partner will be notified automatically to update their payment method.
48-Hour Pause: If the balance remains uncleared 48 hours after the failed attempt, the account is automatically placed on "Service Hold." No new leads will be allocated until the debt is resolved.
9.3 Late Payment Fees (The 7-Day Rule): If a balance remains outstanding for 7 days from the point of being placed on “Service Hold”, a fixed administrative late fee of £25.00 will be added to the account. An additional £25.00 will be added for every subsequent 7-day period the debt remains unpaid.
9.4 Termination for Non-Payment: If an account remains in arrears for 21 days, Kitchen Concierge reserves the right to permanently terminate the partnership.
10. General Logistics
10.1 Non-Solicitation: The Partner agrees not to solicit, hire, or contract directly with any Kitchen Concierge employees or media contractors (videographers/photographers) during this agreement and for 12 months thereafter.
11. Term, Termination & Variation
11.1 Rolling Term: This Agreement shall commence on the date of acceptance and continue on a rolling month-to-month basis ("The Term") until terminated by either party.
11.2 Termination: Either party may terminate this Agreement at any time by providing 7 days' written notice (email is sufficient). Upon termination, any appointments already booked and confirmed must be honoured or paid for in accordance with Clause 3.
11.3 Updates to Terms: Kitchen Concierge reserves the right to update these Terms of Business (including pricing structures) at any time. Partners will be notified of changes via email at least 14 days in advance. Continued use of the service (receiving leads or keeping calendar availability open) after this notice period constitutes acceptance of the new terms. If the Partner does not agree to the changes, they must terminate the agreement under Clause 11.2.
12. Territory & Capacity
12.1 Segment Exclusivity: Kitchen Concierge agrees not to onboard a direct competitor in the Partner’s designated radius who services the same price bracket and kitchen styles.
12.2 Capacity Management: Kitchen Concierge reserves the right to onboard additional Partners in the same region only under the following circumstances:
(A) Demand Overflow: The existing Partner has reached full capacity and is unable to service the volume of homeowner demand generated by Kitchen Concierge.
(B) Segment Gap: A lead is generated with a price bracket or specific design style that the current Partner does not fulfil.
13. Miscellaneous
13.1 Post-Sale ROI Reporting: Upon a successful sale generated from a Kitchen Concierge lead, the Partner agrees to inform Kitchen Concierge of the gross revenue generated.
13.2 Limitation of Liability: Kitchen Concierge acts solely as an introductory marketing service and accepts zero liability for the quality of workmanship, payment disputes, or contractual disagreements between the Partner and the homeowner.