Terms and Conditions
Last updated 05-06-2020
There terms and conditions form part of the contract when you enter into a brokering agreement with Clear Commercial Finance Ltd (the “Broker”).
The Clients’ Duty to Clear Commercial Finance Ltd
The Broker relies on the client for the accuracy of statements, information and representations notified in writing to the broker by the client, or by his professional advisers. The client agrees fully and completely to indemnify the broker from the consequences of, or in respect of any loss caused by, inaccuracies or misrepresentations for which he is responsible and on which the broker has relied.
Unless agreed by prior arrangement, the client is confirming that Clear Commercial Finance Ltd are the only brokers you have commissioned to work on this application for funding. If it transpires that another broker has been commissioned to work on the case then we reserve the right to immediately stop work, cancel the agreement, or revise the terms. Any change in terms will be presented to you in writing and require your approval by signature.
A Lender may pay the broker introductory commission in respect of the funding agreed in the Lender’s Offer. If commission is to be paid, and the amount of commission is known to the broker prior to acceptance of the Offer, the client will be immediately informed in writing that commission will be paid and of the amount. The commission paid may take the form of a procuration fee, marketing allowance and/or be computed by reference to the volume of clients referred by the broker to the Lender from time to time. Commission paid to the broker may vary in amount depending on the Lender or product chosen by the broker.
If the fact that commission will be paid is not known before the Offer is accepted, the broker undertakes immediately to inform the client in writing once any commission is paid and of the amount so soon as it is known.
The client having acknowledged the matters set out under the client acknowledgement consents to the broker receiving and retaining any commission paid.
Confirmation of Instructions
Before entering into this agreement you ‘the client’ will have reviewed and accepted the confirmation of Instructions (“the instructions”) which shall be read and take effect as if they formed part of this agreement.
Revision to the Instructions will not affect the liability of the client to pay the arrangement fee, unless the revision required is so fundamental that the Terms, as revised, materially fail to meet the requirements of the client, as recorded in the original form of instructions.
Payment of Arrangement Fee
The arrangement fee shall be paid without regard to the ability of the client to satisfy all or any of the conditions stated by the lender whether in the offer or after its issue.
The arrangement fee will be paid:
Crossed cheque in favour of the broker and sent to the address of the broker; or
By the client’s solicitors (who are hereby irrevocably instructed by the client to do so by way of copy of this agreement) from funds held by them on the client’s behalf.
Failure to Complete Offer
In the event that the offer is cancelled, or the client fails or declines to sign the acceptance of the Offer, the arrangement fee will be paid by no later than three calendar months from the date of issue of the Offer.
It is expressly agreed by the client that the liability to pay the arrangement fee under clause 3.1 of the agreement shall continue whether or not the agreement has, for any reason, been terminated.
The client acknowledges and agrees that on signing this agreement he does not rely on and shall have no remedy in respect of any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether a party to this agreement or not) other than as expressly set out in this agreement. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud.
The client agrees that any information he provides which may be held and processed by the broker may be shared with third parties to protect the Broke against fraud, to satisfy codes of practice and, compliance related issues that may arise from time to time.
The broker will make such enquiries and take up such references as considered necessary in relation to the client’s application. This information may be obtained from the Land Registry, previous and existing employers. Information may also be obtained from the Inland Revenue, the Department of Work & Pensions (DSS).
The broker may use and disclose details of this application and any resulting offer of funding to the client to any Lender, any intended guarantor, their legal advisers and may further use and disclose information to the Financial Services Authority, any processing agents with whom the broker may hold an agreement to process data.
In accordance with the Data Protection Act 1998 the client is advised that information provided may be held by the broker in its computer and papers records and retained for a period of six years after the date of this agreement.
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 (being not less than 10 business days after the issue of the notice) 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.
Assignments and third party rights
This Agreement is personal to the client and shall not be capable of assignment by the client or of being transferred.
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), but this does not affect any right or remedy of a third party which exists or is available other than under such act.
The broker agrees to maintain professional indemnity insurance cover in respect of its business with and on standard terms offered by insurers of repute.
In the event that the broker holds client money, it is agreed the same will be kept in a separate designated client account for the benefit of any such client.
Choice of Law
This agreement shall be construed in accordance with English Law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English courts.
A reference to a party shall include reference to a partnership, body corporate, unincorporated association, assignee’s or successors in title. Words in the singular shall include the plural and words indicating a particular gender shall include the other gender.
The client agrees 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 as a result 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.