1. DEFINITIONS AND INTERPRETATION
1.1 – In these Terms and Conditions, the following definitions apply unless the context requires otherwise:
1.2 – References to statutes or statutory provisions include those as amended, extended, consolidated or re-enacted from time to time.
1.3 – Headings are for convenience only and shall not affect interpretation.
1.4 – Words in the singular include the plural and vice versa.
1.5 – A reference to writing or written includes email.
2. THE PROMOTER
2.1 – The Offer is promoted by Trustify Ltd. Datasurance Ltd is an Appointed Representative of Marsh Ltd. Marsh Commercial is a trading name of Marsh Ltd. Marsh Ltd is authorised and regulated by the Financial Conduct Authority for General Insurance Distribution and Credit Broking (Firm Reference No. 307511). Marsh Ltd is registered in England and Wales (Company No. 1507274). Registered office: 1 Tower Place West, Tower Place, London EC3R 5BU. Not all products and services are regulated by the FCA.
2.2 – The Promoter’s contact details for all enquiries relating to the Offer are: partners@trust365.com.
3. ELIGIBILITY
3.1 – The Offer is open to MSPs that satisfy all of the following criteria:
(a) they are a business operating as a managed service provider, managed security service provider, or IT service provider, registered and trading in the United Kingdom;
(b) they apply to participate in the Offer during the Eligibility Period, either in person at the Growth Forum or by written application to the Promoter;
(c) they enter into a Partner Agreement with the Promoter on or before 31 March 2026;
(d) they have an existing base of end-user SME clients to whom the Trust365 platform may reasonably be introduced; and
(e) they are not, at the date of application, subject to any insolvency proceedings or any regulatory action that would prevent them from fulfilling their obligations under these Terms and Conditions.
3.2 – The Promoter reserves the right to verify the eligibility of any applicant and to reject applications at its sole discretion. The Promoter shall not be required to give reasons for any rejection.
3.3 – Employees, officers, directors, and agents of the Promoter and its group companies are not eligible to participate in the Offer.
4. THE OFFER
4.1 – Subject to these Terms and Conditions, each Qualifying Partner shall receive the following benefits at no charge:
(a) twelve (12) months’ access to the full Trust365 platform for the Qualifying Partner’s own internal use, commencing on the Activation Date;
(b) the Qualifying Partner’s own Datasurance cyber insurance premium fully covered for the first policy year, subject to the Qualifying Partner satisfying the eligibility assessment conducted via the Trust365 cyber risk assessment tool;
(c) a comprehensive sales and technical enablement programme, comprising a consultative selling workshop, platform administration training, and competitive positioning guidance; and
(d) full demonstration and onboarding support from the Promoter’s team for up to ten (10) end-user clients introduced by the Qualifying Partner during the Introduction Period.
4.2 – The benefits described in clause 4.1 are personal to the Qualifying Partner and may not be assigned, transferred, sub-licensed, or otherwise made available to any third party without the prior written consent of the Promoter.
4.3 – The Offer has no cash alternative. The benefits provided under the Offer may not be exchanged, refunded, or redeemed for monetary value.
4.4 – The Promoter reserves the right to substitute any element of the Offer with an alternative of equivalent or greater value, at its sole discretion, where circumstances reasonably require.
5. INSURANCE-SPECIFIC TERMS
5.1 – The provision of Datasurance coverage under clause 4.1(b) is subject to the Qualifying Partner satisfying the eligibility criteria determined by the Trust365 cyber risk assessment tool. The Promoter does not guarantee that any applicant will qualify for insurance coverage.
5.2 – Datasurance is a non-advised insurance product. Neither the Promoter nor the Qualifying Partner provides personal recommendations as to the suitability of the insurance. It is the responsibility of each insured party to satisfy itself that the coverage is appropriate for its needs.
5.3 – The Datasurance policy is underwritten by Beazley and distributed through Marsh Commercial. The full policy terms, conditions, limits, exclusions, and excesses are set out in the Datasurance policy wording, which shall be made available to the Qualifying Partner prior to inception. In the event of any conflict between these Terms and Conditions and the Datasurance policy wording, the policy wording shall prevail in respect of insurance matters.
5.4 – The Qualifying Partner acknowledges that, in facilitating Trust365 transactions with end-user clients, it must at all times remain within the boundaries of non-advised (information-only) sales as defined by the Financial Conduct Authority. The Qualifying Partner must not provide personal recommendations, advice, or opinions as to the suitability of Datasurance for any end-user client.
5.5 – The Promoter’s coverage of the Qualifying Partner’s own Datasurance premium extends to the first policy year only. Renewal premiums falling due after the expiry of the first policy year shall be the sole responsibility of the Qualifying Partner at the prevailing rate.
6. QUALIFYING PARTNER OBLIGATIONS
6.1 – In consideration of receiving the benefits described in clause 4.1, each Qualifying Partner undertakes to:
(a) complete the Minimum Introduction Commitment by making no fewer than ten (10) Client Introductions during the Introduction Period;
(b) use reasonable endeavours to present the Trust365 platform in a professional and accurate manner, consistent with materials and guidance provided by the Promoter;
(c) maintain accurate records of Client Introductions made and provide reasonable evidence thereof to the Promoter upon request;
(d) comply with all applicable laws and regulations, including without limitation the Data Protection Act 2018, the UK General Data Protection Regulation, and any applicable FCA rules and guidance;
(e) not make any representations, warranties, or promises to end-user clients on behalf of the Promoter, Beazley, or Marsh Ltd that are not expressly authorised in writing by the Promoter; and
(f) participate in the sales and technical enablement programme provided under clause 4.1(c) within a reasonable time following the Activation Date.
6.2 – For the avoidance of doubt, a Client Introduction does not require the end-user client to purchase or subscribe to the Trust365 platform. The obligation is to introduce and present the platform; the commercial outcome of any introduction is not guaranteed and does not affect compliance with the Minimum Introduction Commitment.
6.3 – The Promoter shall provide all reasonably necessary tools, resources, and hands-on support to assist the Qualifying Partner in meeting the Minimum Introduction Commitment.
7. DURATION AND RENEWAL
7.1 – The Free Access Period shall commence on the Activation Date and expire twelve (12) calendar months thereafter, unless terminated earlier in accordance with clause 8.
7.2 – Prior to the expiry of the Free Access Period, the Promoter shall notify the Qualifying Partner of the applicable standard commercial terms for continued access to the Trust365 platform. Continued use of the platform beyond the Free Access Period shall be subject to the Qualifying Partner entering into a paid subscription on the Promoter’s then-current terms.
7.3 – The Qualifying Partner is under no obligation to continue using the Trust365 platform or to purchase any subscription following the expiry of the Free Access Period.
8. TERMINATION AND DISQUALIFICATION
8.1 – The Promoter may terminate a Qualifying Partner’s participation in the Offer by giving not fewer than thirty (30) days’ written notice.
8.2 – The Promoter may terminate a Qualifying Partner’s participation in the Offer immediately upon written notice if any of the following Disqualifying Events occurs:
(a) the Qualifying Partner commits a material breach of these Terms and Conditions or the Partner Agreement and, where such breach is capable of remedy, fails to remedy it within fourteen (14) days of receiving written notice specifying the breach;
(b) the Qualifying Partner becomes subject to insolvency proceedings, enters administration, or makes an arrangement with its creditors;
(c) the Qualifying Partner engages in conduct that, in the reasonable opinion of the Promoter, is likely to bring the Promoter, Trust365, Beazley, or Marsh Ltd into disrepute;
(d) the Qualifying Partner provides false, misleading, or materially incomplete information in its application or in the course of its participation in the Offer; or
(e) the Qualifying Partner breaches any applicable law or regulation, including FCA rules, in connection with the facilitation of Datasurance or any related activity.
8.3 – Upon termination under this clause 8, the Qualifying Partner’s access to the Trust365 platform and any associated benefits shall cease. No compensation, refund, or damages shall be payable by the Promoter in respect of any unused portion of the Free Access Period.
8.4 – Termination of the Offer shall not affect any rights, obligations, or liabilities that have accrued prior to termination, nor the coming into force of any provision of these Terms and Conditions that is expressly or by implication intended to survive termination.
9. FAILURE TO MEET THE MINIMUM INTRODUCTION COMMITMENT
9.1 – If a Qualifying Partner fails to meet the Minimum Introduction Commitment by the end of the Introduction Period, the Promoter may, at its sole discretion:
(a) extend the Introduction Period by such further period as it considers reasonable;
(b) reduce the scope of benefits provided under the Offer (for example, by limiting the number of supported client demonstrations); or
(c) terminate the Qualifying Partner’s participation in the Offer in accordance with clause 8.
9.2 – The Promoter shall act reasonably in exercising its discretion under clause 9.1 and shall give the Qualifying Partner a reasonable opportunity to explain the circumstances of any shortfall before taking action.
10. INTELLECTUAL PROPERTY
10.1 – All intellectual property rights in the Trust365 platform, associated materials, branding, and documentation remain the exclusive property of the Promoter or its licensors.
10.2 – The Qualifying Partner is granted a limited, non-exclusive, non-transferable, revocable licence to use the Promoter’s materials and branding solely for the purpose of making Client Introductions during the Introduction Period and in accordance with any brand guidelines provided by the Promoter.
10.3 – The Qualifying Partner shall not modify, reverse-engineer, decompile, or create derivative works based on the Trust365 platform or any associated software without the Promoter’s prior written consent.
11. DATA PROTECTION
11.1 – Each party shall comply with its obligations under the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) in connection with any personal data processed in the course of the Offer.
11.2 – To the extent that the Qualifying Partner shares personal data of its end-user clients with the Promoter for the purposes of Client Introductions, demonstrations, or platform onboarding, the parties shall ensure that appropriate lawful bases for processing are in place and that data subjects have been provided with adequate privacy information.
11.3 – Where the processing of personal data requires a data processing agreement, the parties shall enter into such agreement on terms consistent with Article 28 of the UK GDPR prior to the commencement of processing.
12. CONFIDENTIALITY
12.1 – Each party undertakes to keep confidential all information of a confidential nature obtained from the other party in connection with the Offer, and shall not disclose such information to any third party without the prior written consent of the disclosing party, except as required by law, regulation, or any competent authority.
12.2 – This obligation of confidentiality shall survive the termination or expiry of the Offer for a period of two (2) years.
13. LIMITATION OF LIABILITY
13.1 – Nothing in these Terms and Conditions shall exclude or limit either party’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
13.2 – Subject to clause 13.1, the Promoter’s total aggregate liability arising out of or in connection with the Offer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of (a) £1,000 (one thousand pounds sterling) or (b) the total value of the benefits actually received by the Qualifying Partner under the Offer.
13.3 – Subject to clause 13.1, neither party shall be liable to the other for any indirect or consequential loss, loss of profit, loss of business, loss of anticipated savings, loss of data, or loss of goodwill, howsoever arising.
13.4 – The Promoter makes no warranty or representation that the Trust365 platform will be uninterrupted, error-free, or free from vulnerabilities. The platform is provided on an “as is” basis during the Free Access Period, to the fullest extent permitted by law.
14. FORCE MAJEURE
14.1 – Neither party shall be liable for any failure or delay in performing its obligations under these Terms and Conditions to the extent that such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to acts of God, fire, flood, pandemic, governmental action, war, terrorism, industrial dispute, or failure of third-party telecommunications networks.
14.2 – The affected party shall notify the other party as soon as reasonably practicable of the force majeure event and shall use reasonable endeavours to mitigate its effects. If the force majeure event continues for more than sixty (60) days, either party may terminate the Offer by giving written notice to the other.
15. GENERAL PROVISIONS
15.1 – Entire Agreement. These Terms and Conditions, together with the Partner Agreement and any documents referred to herein, constitute the entire agreement between the parties in relation to the Offer and supersede all prior negotiations, representations, undertakings, and agreements relating to the same.
15.2 – Variation. No variation of these Terms and Conditions shall be effective unless made in writing and signed by or on behalf of the Promoter. The Promoter may update these Terms and Conditions from time to time by giving reasonable written notice to Qualifying Partners.
15.3 – Waiver. No failure or delay by either party in exercising any right or remedy shall operate as a waiver of that right or remedy, nor shall any single or partial exercise preclude any further exercise of the same or any other right or remedy.
15.4 – Severability. If any provision of these Terms and Conditions is found by any court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms and Conditions without affecting the validity or enforceability of the remaining provisions.
15.5 – Third Party Rights. No person who is not a party to these Terms and Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions, save that Beazley and Marsh Ltd may enforce clauses 5 and 6(e) in their own right.
15.6 – Assignment. The Qualifying Partner may not assign, transfer, or sub-contract any of its rights or obligations under these Terms and Conditions without the prior written consent of the Promoter. The Promoter may assign its rights and obligations to any group company or successor in business.
15.7 – Notices. Any notice required to be given under these Terms and Conditions shall be in writing and shall be delivered by email to the addresses specified in clause 2.2 (in the case of the Promoter) or to the email address provided by the Qualifying Partner in its application.
15.8 – Anti-Bribery. Each party shall comply with all applicable anti-bribery and anti-corruption laws, including the Bribery Act 2010.
16. GOVERNING LAW AND JURISDICTION
16.1 – These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
16.2 – The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
17. COMPLAINTS
17.1 – Any complaints relating to the Offer should be directed in writing to the Promoter at partners@trust365.com. The Promoter shall acknowledge receipt of any complaint within five (5) working days and shall use reasonable endeavours to resolve the complaint within twenty (20) working days.
17.2 – Complaints relating to Datasurance insurance coverage, claims, or policy terms should be directed to Marsh Commercial in the first instance at datasurance@marshcommercial.co.uk or by telephone on 0330 828 6284.