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Terms & Conditions

In this article

1. Terms of business
2. Conflicts of interest and confidentiality
3. Limitation of liability
4. Data protection
5. Initial Disclosure Document (IDD) about our services and our costs
6. Agreement of terms
7. Term
8. Use license
9. Disclaimer
10. Limitations
11. Accuracy of materials
12. Links
13. Modifications
14. Governing law
15. Complaints

1.0 Terms of business

1.1

The client has provided or will provide upon request to TBF all such details of the application as TBF may in its opinion reasonably require and will co-operate generally with TBF to facilitate the processing of an application for commercial funding.

1.2

TBF and its providers will co-operate and liaise with the client’s legal and accountancy and other advisors in such manner as may reasonably be required in order to facilitate a successful outcome for the client.

1.3

TBF have been engaged in this matter to:

a. Source potential funding solutions;

b. Complete an application for commercial funding from information given by you;

c. Package information and documentation in an appropriate format to present to potential funders.

2.0 Conflicts of interest and confidentiality

2.1

TBF confirm that where you give confidential information they shall at times keep it confidential, except as required by law or as provided for in regulatory, ethical or other professional pronouncements applicable to the engagement.

2.2

The client agrees that it will be sufficient compliance with our duty of confidence for TBF to take such steps as we in good faith think fit to preserve confidential information both during and after the termination of this engagement.

3.0 Limitation of liability

3.1

I/We understand that loan terms and interest rates are subject to change from time to time and the Company accepts no liability and shall not be liable for any of My/Our acts or omissions which result in the non-completion, withdrawal or cancellation of the Application;

3.2

I/We acknowledge and agree that the Company is not acting as an agent of the Lender, and any and all lending decisions will be solely at the discretion of the Lender for which the Company cannot accept any liability;

3.3

I/We hereby confirm that there is no relationship of principal and agent between Me/Us and the Company and I/We fully understand and acknowledge that the Company has not held itself out and is not holding itself out as My/Our agent;

3.4

I/We hereby acknowledge and agree that the Company does not warrant, expressly or impliedly, the accuracy or veracity of the information provided by Me/Us in the Application and that the Company shall not be liable for inaccurate or false information provided by Me/Us in the Application or otherwise;

3.5

I/We hereby unconditionally and irrevocably agree to indemnify and keep indemnified the Company from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by the Company and arising from My/Our acts or omissions relating to or connected with the Application and/or Me/Us providing false, inaccurate, misleading or untrue information in the Application and/or to the Company and/or the Lender in connection with the Application;

3.6

TBF will provide our professional services outlined in this letter with reasonable care and skill. However, we will not be responsible for any losses arising from the supply by you or others of incorrect or incomplete information, or yours or others failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us.

4.0 Data protection

4.1

I/We hereby consent to the Company processing any personal data that I/We provide to the Company in the Application (both online and over the phone) or in connection with the Application, in accordance with the Company’s obligations under the Data Protection Act 1998 (as may be amended from time to time) for the purposes of: processing and submitting the Application to the Lender; complying with applicable laws and regulations (including, but not limited to the prevention of money laundering and fraud and the administration of the Company and Company’s records and providing Me/Us with marketing information about the Company and its products and services;

4.2

I/We confirm that I/We have the consent of any third party whose information (whether personal or otherwise) I/We have or might disclose to the Company and/or the Relevant Parties to process such information (whether personal or otherwise) for the purposes of assessing the Application and Administering and enforcing any subsequent loan which may be granted to Me/Us by the Lender;

4.3

I/We consent and agree that each of the Company and the Lender shall be entitled to hold, use, process and share, in and by any medium, the information given by me/us in the Application or connected to the Application and any other information which either party may acquire during the lifetime of the loan made to me/us arising from or connected to the Application.

4.4

I/We consent to the Company sharing any information provided by Me/Us to the Company with such persons involved in the processing and submission of the Application, including service providers, mortgage intermediaries, banks, lenders, partners, agents, introducers, sales companies, the Lender, solicitors, banks, surveyors, mortgage brokers estate agents and each of their respective agents (the “Relevant Parties”);

4.5

I/We acknowledge and agree that before the Application is submitted and, if the Application is successful, before the Lender advances any monies to Me/Us, the Company and/or its agents will check My/Our details with fraud prevention agencies, the electoral register, Companies House or such other appropriate registry (if applicable) and obtain Credit Searches from credit ratings agencies for the purposes of verifying My/Our identity;

4.6

I/We hereby acknowledge that if I/We or such persons acting on My/Our behalf provide the Company with information that is found, at any stage, by the Company to be false, misleading, incorrect or inaccurate and, as a result, fraud is identified, details of the Company’s findings will be sent to fraud prevention agencies and/or law enforcement agencies without further notice to Me/Us;

4.7

I/We understand that My/Our data will be stored in an electronic format for a minimum of six years.

5.0 Initial Disclosure Document (IDD) about our services and our costs

5.1

What products do we offer?
We offer a wide range of commercial financial products including: Commercial Mortgages, Property Development Finance, Buy to Lets, Cashflow finance, Unsecured Term Loans etc

5.2

Whose products do we offer?
We offer a comprehensive range of commercial financial solutions from across the market.

5.3

Which service will we provide you?
We will advise and make a recommendation for you after we have assessed your needs. You will not receive advice or a recommendation from us. You will need to make your own choice about how to proceed.

5.4

What will you have to pay us for our service?
Administration Fee - payable on acceptance of formal offer relating to Unsecured Loans Commitment Fee and Broker Arrangement Fee may be charged for any Secured Loans.

We may receive Commission from the Lender as well as receiving Fees separately from You; for the avoidance of doubt these sums are subject to the terms of our arrangements with the Lender who pays that Commission. Administration Fees are charged on receipt of an offer from a lender. These fees will only be refunded if for any reason the lender terminates the offer prior to drawdown.

You are aware that we are required to disclose the nature of Commission in our communications, as well as when making a recommendation to you. Whichever lender we introduce you to, we will typically receive commission from them. The existence and nature of Commission arrangements where the Commission varies depending on the Lender, product or other permissible factors will always be disclosed. Lenders may pay commission at different rates. The disclosure will also cover how the arrangements could affect our recommendations to You. Such disclosures will be made in our tender quote issued to you.

5.5

Who regulate us?
The Financial Conduct Authority (FCA)
The FCA is the independent watchdog that regulates financial services. This document is designed by the FCA to be given to consumers, considering buying certain financial products, to decide if our services are right for you. Think Business Finance Ltd, registered office is at The Minster Building, 21 Mincing Lane, 4th Floor, London, England, EC3R 7AG. Company Register number is 07115888. Our FCA registration number is 724300. You can check via: https://register.fca.org.uk/s/.

Think Business 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 following link: https://www.nacfb.org

6.0 Agreement of terms

6.1

I/We understand and agree that the Company does not and cannot guarantee that the Application will be successful and/or that the Lender will advance any sums to Me/Us further to or in connection with the Application;

6.2

I/We hereby unconditionally and irrevocably agree that the Company cannot and shall not be held liable in such circumstances where the Application is unsuccessful and/or a lender or the Lender fails to advance or loan any monies to Me/Us in relation to the Application or otherwise;

6.3

I/We understand that the Company shall use reasonable, but commercially prudent, endeavours to process and submit the Application;

6.4

I/We acknowledge that the Company will not knowingly become or be involved in compounding client problems or contract races as the result of vendor pressure;

6.5

I/We understand that the Company provides a fully non-advised service and that I/We have not and will not be provided with advice by the Company.

6.6

TBF will not be liable in any way to the client should it be unable to provide finance on the terms or in the form or within the time required by the client and shall in no way be liable to the client in respect of failure by the client to comply strictly with any or all terms of any finance offered by a lender to the client.

6.7

I/We agree that TBF reserve the right to charge a one-off admin fee for any work carried out. Please note: We may receive commissions that will vary depending on the lender, product, or other permissible factors. The nature of any commission model will be confirmed to you before you proceed. If you wish to know the fee TBF will receive from the lender please feel free to contact a member of the TBF team. By complying with these terms you agree that TBF will receive a fee from its panel of lenders.

6.8

We agree that the Application and these Terms of Business shall be governed by English Law and that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute arising from or connected to the Application and these Terms and Conditions;

6.9

TBF acts as a Commercial Finance Broker and not a Lender.

7.0 Term

7.1

By accessing the website at thinkbusinessloans.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

8.0 Use license

8.1

Permission is granted to temporarily download one copy of the materials (information or software) on Think Business Finance Limited’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

a. modify or copy the materials;

b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial)

c. attempt to decompile or reverse engineer any software contained on Think Business Finance Limited’s website;

d. emove any copyright or other proprietary notations from the materials; or

e. transfer the materials to another person or “mirror” the materials on any other server.

8.2

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Think Business Finance Limited at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

9.0 Disclaimer

9.1

The materials on Think Business Finance Limited’s website are provided on an ‘as is’ basis. Think Business Finance Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

9.2

Further, Think Business Finance Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

10.0 Disclaimer

10.1

In no event shall Think Business Finance Limited or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Think Business Finance Limited’s website, even if Think Business Finance Limited or a Think Business Finance Limited authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

11.0 Accuracy of materials

11.1

The materials appearing on Think Business Finance Limited’s website could include technical, typographical, or photographic errors. Think Business Finance Limited does not warrant that any of the materials on its website are accurate, complete or current. Think Business Finance Limited may make changes to the materials contained on its website at any time without notice. However Think Business Finance Limited does not make any commitment to update the materials.

12.0 Links

12.1

Think Business Finance Limited has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Think Business Finance Limited of the site. Use of any such linked website is at the user’s own risk.

13.0 Modifications

13.1

Think Business Finance Limited may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

14.0 Governing law

14.1

These terms and conditions are governed by and construed in accordance with the laws of Essex and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

15.0 Complaints

15.1

Introduction
Think Business Finance Limited are committed to providing products and services of the highest standard. If for any reason, you feel you are not entirely satisfied with any aspect of our service, please let us know straight away. We are also a member of NACFB and adhere to their Code of Practice.

Our Complaints department will investigate your complaint competently, diligently and impartially.

15.2

How to make your complaint
Firstly, let us know what has happened. You can call us, email us or write to us. Our contact information is detailed at the bottom of this document.

We will need to know:

Your name and address

Your agreement number or policy number as appropriate

Details of how we can contact you

A clear description of your complaint and whether any 3rd party is involved

Details of what you would like us to do to resolve your complaint

If appropriate, copies of any relevant supporting documentation

15.3

What happens next?
Think Business Finance Limited aim to resolve all complaints as quickly as possible. We will consider all the available evidence, the circumstances together with any relevant laws or regulations. We will keep you regularly updated about what is happening and discuss our findings.

We will contact you within three working days to let you know we are considering your complaint and clarify any points where necessary. If we can resolve your complaint within 3 working days, we will send you a Summary Resolution Communication. This is a written confirmation, which confirms that you made a complaint and that we now consider the matter resolved.

Sometimes Think Business Finance Limited are not able to find a resolution within 3 working days. On these occasions we will issue you with an initial response letter which outlines the circumstances of your complaint. We aim to respond to all complainants within four weeks although we have eight weeks from the date of receipt of your complaint to investigate and provide you with our final response.

Sometimes it can take a bit longer to reach a decision. If it is going to take us more than eight weeks to resolve your complaint, from when you first contacted us, we will update you on our progress and explain why it is still ongoing.

When we have fully investigated your complaint and reached a decision, we will write to you to let you know our final response. This is a detailed letter which will tell you what we have found, what we plan to do and how we came to our decision.

If you are unsatisfied with the outcome of our investigation, the final response letter will explain that you may have the right to refer your complaint to the Financial Ombudsman Service within six months of the final response being issued by Think Business Finance Limited.

The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service:

more than six months after the date on which the respondent sent the complainant its final response, redress determination or summary resolution communication; or

more than:

six years after the event complained of; or

three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint

We will indicate within the communication whether we consent to waive the relevant time limits as set out in the FCA handbook if this is applicable.

15.4

Complaints Forwarding
Where Think Business Finance Limited identify a third-party may be solely or jointly responsible for the matters disclosed within a complaint, we will forward the complaint to the relevant party without delay.

Think Business Finance Limited will notify the complainant in the form of a ‘final response letter’ that we have referred the matter to the third party for investigation. Where Think Business Finance Limited are jointly responsible for matters disclosed within a complaint, we will investigate the element relating to us and we will respond accordingly. Where Think Business Finance Limited is in receipt of a forwarded complaint, we will acknowledge the complaint and will apply the standard time limits for a response from the date on receipt.

If you subsequently decide that you are dissatisfied with the resolution of the complaint, you may be able to refer the complaint to the Financial Ombudsman Service, ICO or the NACFB dependent upon the circumstances surrounding the case. The NACFB suggest trying to resolve the complaint directly with us in the first instance. If the complaint is referred to the NACFB, they will investigate the complaint competently, diligently and impartially. It is important to be aware, the NACFB have no powers or sanction relating to any form of compensation.

15.5

Compaints Handling Contact Information

Address
Think Business Finance Limited
Ford House, 31/34 Railway Street
Chelmsford CM1 1QS
Contact Number
Complaints Managers
Ian Stewart & George Peck
15.6

Further Support
If you are not satisfied with how Think Business Finance Limited dealt with your complaint or you are not happy with our decision and wish to take it further, you may be able to contact the Financial Ombudsman Service (FOS) regarding your complaint, provided that the complaint concerns a regulated activity, or you fall within the classification of an "eligible complainant".

The Financial Ombudsman Service contact details are:

Address
Financial Ombudsman Service (FOS)
Exchange Tower
London
E14 9SR
Consumer Helpline
Switchboard
0207 964 1000
Fax
0207 964 1001