Completion; the date any Finance Agreement with a Lender becomes effective following a Lending Proposal
Credit Broking; the Services Which We provide to You under this Agreement
Commencement of this Agreement; the date on which We commence providing Credit Broking to You
Finance Agreement; a loan, credit or hire agreement
Finance Offer; a written offer setting out proposed terms of finance issued by any Lender whether such offer is conditional or unconditional or any replacement thereof
Lender; any lender to whom the Lending Proposal is presented
Loan Amount; the sum of any amounts payable by a Lender to You following the issue of a Finance Offer by that lender which has been accepted by You
The Regulated; the Financial Services and Markets Act 2000(Regulated Activities) Order 2001
You, your; the Client as referred to above
We, Our, us; the Broker as referred to above
Privacy Notice; the Notice provided to You about how We process Your Personal Data
You acknowledge that:
You have been urged to seek such independent advice as you consider necessary before signing this agreement;
We use a panel of lenders in line with your finance requirements
We will advise if there are any fees payable
You are aware that we may receive commission from a Lender for the arrangement of this agreement and you have no objections to us receiving this amount.
Choice of Law
The Agreement shall be construed in accordance with English Law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
Any lender selected by the Broker will undertake a thorough examination of the Client’s ability to service the loan. This will include approval of accounting and financial information and a valuation for bank purposes of any property offered as security, Approval of this information is at the sole discretion of the lender (and not the Broker). Several factors, beyond the control of the Broker, may emerge during this process and cause the lender to weight, or vary, the terms indicated in this memorandum which will be revised accordingly.
In addition, funders may require some or all the following:
- Suitable insurance on, for example, Buildings, Plant, Machinery and Stock
- Appropriate life or term assurance, including keyman insurance
- Directors guarantees
- An independent survey or valuation, for bank purposes, of any security
- Detailed financial and accounting information including bank statements, projections and accounts
- Independent Solicitors to prepare and complete the loan and security documents
- Any other information as necessary to show the viability of the application e.g. Business Plan.
Privacy Notice and Data Protection
Being transparent and providing accessible information to individuals about how We will use Your personal data is a key element of the EU General Data Protection Regulation (GDPR)
Assignments and Third-party Rights
This Agreement is personal to the client and a person who is not a party to this Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
The Broker will maintain professional indemnity insurance cover in respect of its business with and on standard terms offered by reputable insurers.
The Client accepts that the Broker shall have no liability for any economic loss (whether direct, indirect or consequential) insofar as it relates in any way to loss of business, loss of Client data, interruption of business or loss of profits or goodwill because of the manner of performance by the Broker of any obligations arising under this Agreement. This exclusion of liability will not, however, otherwise affect any statutory rights of the Client.