Confirmation of instructions
Before signing the agreement, the broker will complete an indicative finance terms document (the instructions) or provide you with the lender’s decision in principle, which shall be read, accepted, and take effect as if they form part of the agreement itself.
Electronic signatures or email confirmation will be accepted in place of physical signature and have the same binding affect.
Any change to or variation of the instructions will not affect the liability of the client to pay any fee pursuant to the agreement.
The client’s duty to the broker
The client agrees to be act with utmost good faith in the provision of information to the broker. The duty is continuous and applies to all the information the client provides, whether the broker has asked for it or whether the client has provided it voluntarily. The client agrees not to withhold information from the broker and deliberate misinformation, withholding of information or any attempt at fraud will mean the immediate termination of this agreement and the arrangement fee being due and payable to the broker in full without exception.
The client(s) acknowledge that the broker and its partners and principals will be relying on information provided by the client and its officers and directors. Although the broker will be reviewing all materials provided to it in connection with performing its duties, the broker will not be conducting an independent due diligence review of your taxation, legal, accounting or market position. Consequently, as a condition to the brokers performing the tasks enumerated herein, the company hereby agrees to indemnify and hold the broker and it officers, directors, partners and principals harmless against any losses, claims, damages, liabilities and expenses, whether joint or several to the client and to defend them against any and all actions or causes of actions or threats of actions to which they may become subject and will reimburse them for any legal or other expenses including legal fees and disbursements reasonably incurred by them in connection with the investigation, preparing or defending any actions commenced or threatened or claimed whatsoever whether or not resulting in any liability insofar as such are based upon (a) any untrue statement or alleged untrue statement of material fact contained in any information provided to the broker by the company or (b) any failure of the company to provide the broker with material facts known or ought to have been known by the company to be necessary to providing accurate advice (c) to make any information provided to the broker not misleading; this includes any legal, tax or professional advice obtained by any source in its original form and context.
The client agrees to take all reasonable steps and use all reasonable endeavours to comply with and satisfy any condition imposed by the lender who has made a finance offer that accords with the requirements set out in the confirmation of instructions letter. Should the client withhold, omit or vary any evidence submitted to the lender in response to those conditions causing the lender not to accept or delay the acceptance of said evidence any loss resulting from this action will be the sole responsibility of the client.
The client agrees to notify the broker if at any time, they intend to appoint an additional or alternate broker or intermediary to obtain an offer of finance for them whereupon the broker will be entitled to terminate this agreement forthwith.
If the client fails to notify the broker that they intend to appoint an alternate or additional broker or intermediary prior to doing so and if an offer of finance is obtained from any lender the client will pay the arrangement fee calculated by reference to the finance offer made but otherwise in accordance with clause 3.2 of the agreement to the broker.
The broker shall not be liable for any loss or damage suffered by the client that results from the client’s failure to follow any instructions given by the broker.
The client acknowledges that once the finance offer has been provided to the client the conduct, actions and judgements of their other advisors will remain outside the brokers control and as such the broker cannot and
will not be held responsible for the actions or inactions of those advisors. Though we will endeavour to assist in the smooth completion of any transaction the broker shall not be held responsible or accountable for this work and if deemed warranted chargeable under 3.3.5 of this agreement. The client accepts that they remain responsible for the progression of the case throughout and must use all best endeavours to assist themselves. Should any delay or inaction of those advisors result in loss the broker would have still carried out their function and as such be paid for that work regardless of if they have or have not communicated with those other advisors on your behalf.
The client acknowledges the broker can provide project management services for the client under separate agreement and that additional fees will apply if so used.
The client acknowledges the broker will from time to time not be available during core hours due to other commitments and holidays. In these circumstances the client will be made aware by electronic means via an ‘out of office’ when they can expect the broker to next be available to deal with any enquiry or follow up with any instructed work, this period shall not normally exceed 14 working days.
The lender may pay the broker introductory commission in respect of the funding set out in the finance offer. If commission is to be paid, and the amount of commission is known to the broker prior to acceptance of the finance offer, the client will be informed what commission will be paid. Commission paid to the broker may vary in amount depending on the lender or product and said commission will play no part on the brokers recommendation of a product.
The client having acknowledged the matters set out under the client acknowledgment consents to the broker receiving and retaining any commission paid.
The broker may terminate the agreement by giving 30 working days written notice to the client or with immediate effect if other provisions of this agreement become active and was notified within those relevant sections.
The client may terminate this agreement if the broker fails to communicate with them for a period not less than 21 working days without reasonable excuse and accepted by the client before the period begins – this excludes any reason outside the brokers control including but not limited to; Declaration of War, Terrorism, Cyber Attack, Failure of National Infrastructure or Death.
NACFB code of practice/complaints
The broker agrees to act on behalf of the client in accordance with the terms of the code of practice of the national association of commercial finance brokers (nacfb) as amended (the code) along with the professional bodies for which our staff are members including the Chartered Institute of Securities and Investments, Chartered Banking Institute and the London Institute of Banking and Finance. A copy of the code is available on request from the association or on the nacfb website www.nacfb.org or from the relevant professional body.
The broker will investigate and deal with any complaints raised by the client concerning the services provided under this agreement promptly and reasonably but if the broker is unable to resolve any complaint to the client’s satisfaction the code of practice stipulates the procedures available to the client including nacfb mediation.
If a client is unhappy with the broker’s response to their complaint, and the complainant falls within the regulated activities, they may be able to complain to the financial ombudsman service at:
Financial Ombudsman Service, Exchange Tower, London, E14 9SR.
Contact: 0800 0234567, 0300 1239123.
The ombudsman will be able to confirm whether he can look at the complaint. If the client is entitled to make a complaint to the ombudsman, then they are not bound to follow any alternative procedure and
can make their complaint to the ombudsman within the timescales set down by the rules applicable to that scheme, details of which will be provided to the client by us on request.
Any amendment whether proposed by the broker or the client shall be notified in writing to the other party. Any amendment proposed by the broker shall take effect on the date specified unless in the meantime the client notifies the broker to the contrary or requests an extension of time. Any amendment proposed by the client shall take effect when accepted by the broker in writing.
Privacy notice and data protection
A privacy notice has been issued separately from the terms of business. 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)
The Privacy Notice details the lawful basis for processing data, who we are, how we use the information about you, marketing consent, what information is collected, why the personal data is required, our data retention periods You must be confident you understand how your data will be processed. If you require further contact us before entering into an agreement.
If you have not received or seen the privacy notice. Contact us before confirming this agreement.
Under the proceeds of crime act 2002 and the money laundering regulations 2007, we have a duty to maintain identification procedures for clients and beneficial owners of clients to include and maintain records of identification evidence and the work undertaken for the client; and report, in accordance with the relevant legislation and regulations. We have a duty under section 330 of the proceeds of crime act 2002 to report to the national crime agency (nca) if we know, or have reasonable cause to suspect, that another person is involved in money laundering. Failure on our part to make a report where we have knowledge or reasonable grounds for suspicion would constitute a criminal offence. The offence of money laundering is defined by section 340(11) of the proceeds of crime act and includes concealing, converting, using or possessing the benefits of any activity that constitutes a criminal offence in the UK. It also includes involvement in any arrangement that facilitates the acquisition, retention, use or control of such a benefit. This definition is very wide and would include such crimes as: deliberate tax evasion deliberate failure to inform the tax authorities of known underpayments or excessive repayments fraudulent claiming of benefits or grants obtaining a contract through bribery clearly this list is by no means exhaustive. We are obliged by law to report any instances of money laundering to the NCA without your knowledge or consent. In consequence, neither the firms’ principals nor staff may enter any correspondence or discussions with you regarding such matters.
Assignments and third‐party rights
This agreement is personal to the client and client Company, 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 this includes sister and/or group Companies.
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.
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.
When dealing with your case we will attempt to follow the below process as closely as possible however it may from time to time be necessary that we alter the order or add additional steps to meet your needs; if this is required, we will let you know in writing via email.
- Initial client contact
- Fact find & material disclosures by the client
- Searches for relevant products and informal conversations with lenders
- Production of quote based on client and lender requirements
- Acceptance of quote and terms of business
- Client approval of the application forms and paperwork being submitted
- Formal application to the lender for a decision in principle (£225.00)
- Lender due diligence and underwriting (£tbc lender admin fees vary by lender)
- Valuation instructed (£tbc by lender/valuer)
- Lender underwriting post valuation
- Production of a final offer by the lender
- Client acceptance of lenders proposed terms (0.55% fee is charged)
- Legal work instructed
The brokers core hours are 09:00 to 17:00 (UK Time) Monday to Friday excluding any public/bank holidays. Though the broker may respond outside these times any work will be carried out at the discretion of the broker and will not form part of the broker/client agreement.