TERMS FOR THE SUPPLY OF ONLINE CREDIT INTRODUCTION SERVICES
Your attention is particularly drawn to the provisions of clause 11 (Limitation of liability).
Company details: BIZL LIMITED (company number 10838494) (we/our/us) is a company registered in England and Wales and our registered office is at 66 Prescot Street, London, United Kingdom, E1 8NN. We operate the website bizl.freshspring.co.uk” (Website).
Contacting us: To contact us e-mail firstname.lastname@example.org. How to give us formal notice of any matter under the Contract is set out in clause 16.
Our regulator: We are authorised and regulated by the Financial Conduct Authority (FCA). We are governed by the FCA’s Handbook of Rules and Guidance, which can be accessed at https://www.handbook.fca.org.uk/
Professional indemnity insurance: We maintain worldwide professional liability insurance. Our compulsory insurer is Arch Insurance Company (Europe) Ltd, 5th Floor Plantation Place South, 60 Great Tower Street, London, EC3R 5AZ, and our policy number is ARCH-BIZLL11102018P01.
Our contract with you
Our contract: These terms and conditions (Terms) apply to the supply of online credit introduction services (Services) by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Your access to and use of our Website is subject to these Terms. You will not use the Website for any purpose that is unlawful or prohibited by these Terms. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these Terms. If you do not accept these Terms you must immediately stop using the Website. Use of the web site signifies your acceptance of our Terms.
Entire agreement: The Contract is the entire agreement between you and us in relation to its subject-matter. You acknowledge that you have not relied on any statement, promise, representation or assurance or warranty that is not set out in the Contract.
Your status: The Services we provide will only be provided to persons acting for purposes relating to their trade, business, craft or profession (a Business). As a pre-condition to your ability to make use of the Services, you warrant and undertake to us that you are a Business and will remain a Business at all times while the Contract is in force or that you are using our Services solely for business purposes and will continue to use the Services at all times solely for business purposes. You will indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with breach of this warranty and undertaking.
Making an application and its acceptance
Registering with us: In order to make use of the Services, you must have filled in an online application form to register with us, and been accepted by us as a client.
Making your application: Please follow the on-screen prompts to submit your application. You may only submit an application using the method set out on the site.
Correcting input errors: Our application process allows you to check and amend any errors before submitting your application to us. Please check the application carefully before confirming it. You are responsible for ensuring that your application is complete and accurate.
Acknowledging receipt of your application: After you submit your application, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your application has been accepted. Our acceptance of your application will take place as described below.
Accepting your application: Our acceptance of your application takes place when we send an email to you to accept it (Application Confirmation), at which point and on which date the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Application Confirmation.
If we cannot accept your application: If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your application.
Cancellation: You may cancel an application for Services with us at any time before we have provided the Services under that application.
What we will do: Once we have sent you and Application Confirmation, we will do our best (as an introducer only and not in any way as an adviser) to introduce to you three potential sources of funding in accordance with that application within 48 hours from the time we send the Application Confirmation, but we cannot guarantee absolutely either that we will be able to provide three potential sources of funding or to do this within 48 hours. If we are unable to obtain three potential sources of funding for you, the Contract may be terminated by us immediately upon notice.
Our status: We are an independent introducing broker so we do not act for you (as agent or otherwise), nor do we owe you any fiduciary duty. Our role is simply to introduce you to potential sources of funding. We do not provide advice to you and the decision as to which lender (if any) to proceed with is yours.
Descriptions and illustrations: Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the Services. They will not form part of the Contract or have any contractual force.
It is your responsibility to ensure that:
- the terms of your application are complete and accurate;
- you co-operate with us in all matters relating to the Services;
- you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and
- you carry out all necessary checks, verifications and due diligence on any source of funding introduced to you by us with which you choose to contract. This decision is entirely yours and, in providing you with details of sources of funding, we neither make nor give any warranty, representation, assurance, confirmation, recommendation, advice or otherwise that any such sources are appropriate, commercially advisable, solvent, reliable, or otherwise suited to you, and your requirements and financial position.
Services in UK only
Unfortunately, we are unable to perform the Services to persons located outside the UK.
- Unsecured finance: we will not charge you a fee for unsecured finance applications (i.e. where property is not being pledged as security).
- Secured finance: due to the complex nature of lending where property is being pledged as security our charges for secured lending transactions are:
- A £199 non-refundable fee on account of the credit introduction services we are providing to you, payable by bank transfer upon submission of your application to us; and
- A success fee equivalent to 0.5% of the gross loan balance arranged payable upon completion of the facility. The lender will ordinarily transfer this fee to us on your behalf upon draw down of the funds. Where this is not the case we will raise an invoice to you to be settled by bank transfer within 14 days.
We may receive a fee or commission for introducing you to one of our finance providers or suppliers. We will specify this to you upon request.
If a problem arises or you are dissatisfied with the Services, we have a comprehensive complaints policy.
Intellectual property rights
All copyright, trademarks and all other intellectual property rights in or arising out of or in connection with the Services, the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to us or otherwise used by us as permitted by law.
How we may use your personal information
We will use any personal information you provide to us to:
- provide the Services; and
- inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
Nothing in the Contract limits or excludes our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- breach of any liability which cannot be limited or excluded by applicable law.
Subject to the above, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- any indirect or consequential loss.
Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
You waive, and release us from, any liability whatsoever on our part whether in contract, tort (including negligence), for breach of statutory duty, or otherwise in relation to your choice of a lender from any introduced to you by us as part of the Services, and any consequences whatsoever arising, whether directly or indirectly, from that choice.
This clause 11 will survive termination of the Contract.
We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted below.
We each may disclose the other’s confidential information:
- to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 12;
- with prior written consent of that other party; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract, which may include us sharing your confidential information to potential lenders.
Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
- you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 10 days of you being notified in writing to do so;
- you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
- you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.
Link to other websites
Our Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
Communications between us
When we refer to “in writing” in these Terms, this includes email.
Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
A notice or other communication is deemed to have been received:
- if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
- if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- if sent by email, at 9.00 am the next working day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
Assignment and transfer:
We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
Variation: These Terms may be altered from time to time, and your continued use of the Website following any changes shall be deemed to be your acceptance of any such changes.
Waiver: If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Severance: Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights: The Contract is between you and us. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction: The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.