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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3758
Experience:  Solicitors 2 years plus PQE
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I am a supplier to the UK events industry. We are creating a

Customer Question

Hi, I am a supplier to the UK events industry.We are creating a points system online for our Ltd company. Our business is representation company of destination management companies (DMC) globally, they pay a retainer to generate meetings and incentive business from the UK (and sometimes the business is international from one country to another), but generally the business is outbound to other destinations from an "agency" or on some occasions the "corporate".The business type is typically meetings, conferences, congress, incentive travel or high end luxury travel.When a business events company "agency" accepts a proposal from a DMC, the communication is typically direct with the "agency", and money transactions are also.We are looking to thank and reward the "agency" and would like advice on the various methods of doing so and if there are any implications? Revenue spend is calculated in points and awarded to the sender "agency".1) Offering e-vouchers2) Offering credit on the next event.3) Offering Pre-Paid branded credit cards4) Offering commission chequesFinally, for major blue chip organisations, we are aware this reward scheme would need to be reported internally and employees internally would need approval when opting in. Are there any terms and conditions we would need to provide for this?Are all or any these options potentially liable for prosecution under the Bribery Act 2010?thank you
Chris
Submitted: 17 days ago.
Category: Law
Expert:  Alex J. replied 17 days ago.
Thank you for your question and welcome my name is ***** ***** I will assist you. The key to an offence under the Bribery Act 2010 is inducing “improper preformance” from someone who should be doing a particular act anyway. The fact is what you are proposing is a commercial arrangement, being documented, accounted for and done on a transparent basis. This in itself is enough to take this outside any offence under the Bribery Act 2010. The problem is there is potential for your customer employees to abuse this by not reporting it internally - so you have to be very careful to ensure it is approved by someone with sufficient seniority within your customers organisation. I would also create a policy for your employees internally to highlight triggers to show when there may be signs that the service is being abused or used improperly. The key to making this work is the openness and transparency. I look forward to hearing from you.Kind regards AJ
Customer: replied 17 days ago.
The services we would require from a solicitor is the following:- Are any these 1-4 options potentially liable for prosecution under the Bribery Act 2010?
- Are there any terms and conditions we would need to provide for any user “agency” or “corporate or association buyer” when registering on our website and entering into this reward scheme, and is this something you can offer?
- Do you advise to register ourselves with a recognised meetings and events trade body because of this rewards programme we are ‘considering’ to offer, and how to go about being regulated?Thank you, ***** ***** to hearing from you.Chris
Customer: replied 17 days ago.
I think really my question is where can I get the terms and conditions for such a concept?
Customer: replied 17 days ago.
Attached are the pages available to a user when they are registered on the website. Currently, the Rewards Shop is disabled until we are provided with a solution from a solicitor of terms and conditions, to have as a pop up screen on the website for the user to sign and agree with the next time they log on.Chris
Expert:  Alex J. replied 17 days ago.
Thank you. The terms and conditions will be crucial because the user will need to warrant and confirm they have the consent from their employer to use the platform. Can I assist you any further? I would be most grateful if you would rate my response so far? Kind regards AJ
Customer: replied 17 days ago.
Where and how do I look to have the terms and conditions written?Also can you confirm should the customers be deemed as abusing the system, does this by anway make our business potentially liable for prosecution under the Bribery Act 2010?
Expert:  Alex J. replied 17 days ago.
Thank you. As long as you take action (ie by recording it and suspending user accounts where appropriate) of a beach or suspected breach of the Bribery Act 2010 - then you won’t be liable for prosecution. You should reserve the right to remove any user at any time in your discretion and without liability. Where is your business based? You can ask any solicitor to do these terms and conditions they should not be complex beyond some extra anti corruption provisions. Kind regards AJ
Customer: replied 17 days ago.
The business is based in Stratford, London but I live near Grantham in Lincolnshire or 20mins drive to Nottingham.
Customer: replied 17 days ago.
For my records and to state I've performed this early due dillegence, can you please provide me your full name and creditials please. Thank you
Expert:  Alex J. replied 17 days ago.
Hi Thank you. This is a question and answer service - I am prohibited by the rules of the site from giving out any personal information. I can only tell you that my credentials and right to practice as a Solicitor of England and Wales have been verified by a third party. My expertise is company law, commercial and IT contracts and Data Protection. To draft your terms and conditions you don’t need a particularly expensive solicitor any solicitor with experience of drafting e commerce terms will do. I would say a solicitor in Stratford should be able to do this for £1000 plus VAT - the Law Society will be able to recommend someone for you.
I am happy to discuss any other aspects of the Bribery Act 2010 or commercial contracts. Kind regards AJ