Terms Of Business
|Terms of Business||Means the Terms by which Corporate Leasing and Finance Ltd (CLF) and the Client operate.|
|Completion||The date any finance agreement with a Lender becomes effective following a lending proposal.|
|Credit Broking||The services which we provide to the Client under these Terms of Business.|
|Commission||A sum of money that is paid upon completion of a financial transaction from a lender.|
|Commencement of this Agreement||The date on which we commence providing credit broking services to the Client.|
|Fees||The appraisal fee, the broker arrangement fee or the renewal fee as the case may be.|
|Financial Conduct Authority||The conduct regulator for financial services firms and financial markets in the UK and the prudential
|Finance Agreement||A loan, credit, lease 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|
|Finance Product||Is an instrument in which a person and/or business can either: make a financial commitment, borrow or save money.|
|Financial Services Register||The register helps consumers to confirm the authenticity and contact details of regulated financial services firms.|
|Lender, Lenders||Any lender to whom the lending proposal is presented.|
|Lending Proposal||The proposal prepared by us setting out the requirements as provided to us by you as varied from time to time.|
|Loan Amount||The sum of any amounts payable by a lender to the Client following the issue of a finance offer by that lender which has been accepted by you.|
|Parties to the Agreement||A party to a contract is one who holds the obligations and receives the benefits of a legally binding agreement.|
|Privacy Notice||The notice provided to you about how we process your personal data.|
|Contract||A written agreement that is intended to be enforceable by law.|
|Funding Structure||The mix of debt and equity that a company uses to finance its operations.|
|Suitability Letter||Notes a brokers recommendation as to which provider they feel is most suitable, responsibilities, postponement, implementation plans and next steps.|
|The Code||The Code of practice of the National Association of Commercial Finance Brokers.|
|The Ombudsman||The Financial Ombudsman Service, Exchange Tower, London, E14 9SR.|
|The Regulated Activities Order||The Financial Services and Markets Act 2000(Regulated Activities) Order 2001.|
|Unsecured Lending||An agreement that is issued and supported only by the borrowers creditworthiness, rather than by any type of collateral.|
|You, your||the Client.|
|We, Our, us||the Broker – Corporate Leasing & Finance Ltd (CLF).|
|Privacy Notice||the Notice provided to the Client about how we process your personal data.|
APPOINTMENT OF THE BROKER
- This document sets out how we will deal with the Client in the provision of Credit Broking Services. We will start providing Credit
Broking Services, once information is provided by the Client in support of the proposal. This date will be the Commencement of
these Terms of Business.
- Corporate Leasing & Finance Ltd is Authorised and Regulated by the Financial Conduct Authority. The Financial Conduct
Authority (FCA) regulates financial services in the UK and you can check our authorisation and permitted activities on the
Financial Services Register by visiting the FCA’s website. https://register.fca.org.uk/
- Corporate Leasing & Finance Ltd is a member of the National Association of Commercial Finance Brokers (NACFB). We adopt a
strict Code of Practice and Minimum Standards set by the Association. You can check our membership status by contacting the
NACFB on the below link. https://www.nacfb.org/
The Client acknowledges that:
- We source funding from a panel of lenders whose details can be supplied upon request.
- You are aware that we receive commission from the Lender. For the avoidance of doubt these sums are subject to the terms of our arrangements with the Lender who pays that commission directly to us. The existence and nature of commission varies dependent on lender, product, or other permissible factors. Our decisions on lender are always based on the best interest of the client.
- The client has read the brokers terms and conditions set out below.
- Disclosure of commission is available on written request.
BROKERS’ TERMS AND CONDITIONS
- The Client’s Duty to the Broker
- The Client agrees to 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.
- 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 issued a Finance Approval.
- 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.
- If the Client fails to notify the Broker that they intend to appoint an alternate or additional broker or intermediary, the Broker reserves the right withdraw any funding offered.
- Introductory Commission
- We are a commission based business which means that we may receive a payment from finance providers should you decide to enter into an agreement arranged by us. These fees may be variable or pre-set dependent on the lender, product or other permissible factors. Our decisions on lender are always based on the best interest of the client. When the preferred option has been approved by the funder/s, we will provide you with information about the funding (and the provider of this if requested) to ensure you understand your responsibilities and commitments, before proceeding.
- The Client having acknowledged the matters set out under the Client Acknowledgment consents to the Broker receiving and retaining any commission paid.
- 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) and a copy of the Code is available on request from the Association or on the NACFB website www.nacfb.org
- 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: Address: Financial Ombudsman Service, Exchange Tower, London, E14 9SR. Contact: 0800 0234567, 0300 1239123. Website: www.financial-ombudsman.org.uk
- 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
- 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)
- This Privacy Notice details; lawful bases 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 and individuals’ rights to personal data. More detailed information can be obtained on request.
- You must be confident you understand how your data will be processed. If you require further clarification, please contact us.
- If you have not received or seen the Privacy Notice, please contact us
- Professional Indemnity
- 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
- Choice of Law
- These Terms of Business shall be construed in accordance with English Law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English Court.
The Broker has been instructed by the Client to obtain an offer of funding from a reputable lending source. For the Clients benefit and protection these Terms of Business should be read carefully by the Client. If the Client does not understand any point, please ask the Broker for further information