Terms of Businessrms of Business
By asking us to quote for, apply or arrange Broker Services, you acknowledge and agree they will be processed by us in accordance with these terms.
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1. Scope
Fundable Ltd (16080114) is an Appointed Representative of Moorgate Finance Limited T/A MBN®, which is Authorised and Regulated by the Financial Conduct Authority, firm reference number 662419. Our firm reference number is 1033766.
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Fundable Ltd is an authorised Credit Broker and not a Lender.
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If you require further information about our authorisation or regulation by the FCA, you can check via https://register.fca.org.uk/s/.
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We can introduce you to a panel of lenders.
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Whichever lender you choose, we receive commission from them (either a fixed fee or fixed % of the amount you borrow). Different lenders pay different rates.
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For certain lenders, we may have influence over the interest rate, which can impact the amount you pay.
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We do not charge you a fee for our brokering service. Our commission is included in the amount you pay and is only payable if you accept a Finance Offer and enter into a Finance Agreement.
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Where an introduction is made by a third party (such as a supplier), an introductory commission may be paid.
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Further details regarding commission, including calculation and amount, will be provided during your customer journey.
We agree to submit Lending Proposals to Lenders on your behalf in order to secure an offer of finance (“Broker Services”).
We offer a wide range of commercial finance products including:
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Leasing and Asset Finance
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Commercial Mortgages
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Property Development Finance
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Cashflow Finance
We will source finance that is suitable to the requirements you disclose. After assessing your needs, we will make a recommendation.
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We are not independent financial advisors.
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You are not obliged to take our advice or recommendation, and you should consider other options before entering into a finance agreement.
When the preferred option has been agreed, we will provide you with full information about the Finance Offer and the Lender to ensure you understand your responsibilities before proceeding.
We conduct ourselves in line with the relevant FCA guidelines. We do not accept liability for retrospective changes to law or regulation.
2. Definitions
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Advance Amount: The amount advanced to you under a Finance Agreement.
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Agreement: This document, together with Confirmation of Instructions and any schedules referred to herein.
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Broker Services: Our agreement to submit Lending Proposals to Lenders on your behalf.
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Code of Practice: The regulators’ Code of Practice, as amended from time to time.
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Commission: A sum of money paid by a Lender upon completion of a task.
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Completion: The date of your Finance Agreement with a Lender.
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Credit Search: A check carried out on your credit report.
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Credit History: Record of your responsible repayment of debts.
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Credit File: A list of credit arrangements, such as bank accounts, credit cards, and loans.
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Data Protection: UK Data Protection Legislation and related requirements.
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FCA: Financial Conduct Authority – the UK conduct regulator for financial services.
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Fees: Appraisal, Broker Arrangement, or Renewal Fees (as applicable).
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Finance Agreement: A loan, credit, or hire agreement entered into with a Lender.
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Finance Offer: An offer by a Lender to enter into a Finance Agreement.
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Lender: Any creditor or owner to whom we have presented a Lending Proposal.
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Lending Proposal: A proposal we present to a Lender containing your details and finance needs.
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ML Regulations: Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017, as amended.
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Parties: Us (the Broker) and you (the Client).
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Permitted Recipients: The Parties to this Agreement.
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Privacy Notice: Notice provided under UK Data Protection Legislation explaining how your Personal Data is handled.
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Regulated Agreement: Credit agreement not exceeding £25,000 with an individual debtor.
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UK Data Protection: All applicable data protection and privacy laws in the UK.
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We, Our, Us: Fundable Ltd (16080114).
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You, Your: The Client.
3. Interpretation
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A person includes a natural or legal entity.
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A Party includes third parties to which it has outsourced activities.
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A statute reference includes any amendments or re-enactments.
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Words following ‘including’ or similar terms are illustrative, not limiting.
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Writing includes fax and email.
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References to clauses, schedules, and appendices refer to those in a Finance Agreement.
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Data terms (e.g., Data Controller, Processing) have the same meaning as in Data Protection Legislation.
4. Documentation Fees
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Document and Option to Purchase Fees are charged by all finance companies but vary by Lender.
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Details will be disclosed within your Finance Offer.
5. Early Settlement
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All agreements are subject to early settlement charges.
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Charges differ depending on whether the agreement is regulated or non-regulated.
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Full details are found in each Lender’s Terms & Conditions.
6. Your Representations and Acknowledgements
You represent and acknowledge that:
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You have been advised to seek independent advice before signing a Finance Agreement.
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We source Lending Proposals from a panel of lenders (available on request).
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Lenders will undertake credit searches, which may appear on your credit file.
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You authorise consent to search, automate processing, and marketing of all associated parties.
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You are aware we receive commission from Lenders, and you do not object.
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You may request further details of commission in writing.
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You have read and agree to these terms.
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Any contact details provided (email/mobile) are used only by the signatory.
You also agree to:
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Provide accurate information for the Lending Proposal.
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Not withhold any information that may affect a Lender’s view.
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Notify us if you appoint an additional or alternative broker.
Failure to comply may render Finance Offers void or Finance Agreements terminated.
7. Renewal of this Agreement
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This Agreement continues for the duration of your relationship with us, unless terminated.
8. Termination of this Agreement
Either Party may terminate by giving 30 days’ written notice.
We may terminate immediately if you:
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Provide false or misleading information.
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Breach any material term of this Agreement.
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Fail to remedy a breach within 10 days.
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Are made bankrupt or enter arrangements with creditors.
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Die.
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Refuse three or more reasonable Finance Offers.
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Breach ML Regulations or financial crime legislation.
9. Data Protection
We will comply with UK Data Protection Legislation. Key points:
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We act as Data Controller for your Personal Data.
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We ensure Lenders have appropriate data protection measures.
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Personnel handling Personal Data must keep it confidential.
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Data will not be transferred outside the UK Economic Area.
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On termination, we will return or destroy your Personal Data unless legally required to retain it.
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Our Privacy & Data Protection Policy: https://www.fundable.uk/privacy-policy.
10. Money Laundering
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You must provide identity and compliance documents as required.
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You agree to comply with all financial crime regulations.
11. Amendments & Variations
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Amendments by us take effect on the specified date unless you object in writing.
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Amendments proposed by you take effect only if accepted by us in writing.
12. Assignment & Third-Party Rights
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Only the Parties may enforce this Agreement.
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We may assign or transfer our rights/obligations with notice to you.
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You may not assign or transfer without our consent.
13. Miscellaneous
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Invalid provisions do not affect the rest of the Agreement.
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Failure to enforce provisions does not waive our rights.
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Headings are for reference only.
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This document is the entire Agreement between Parties.
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Nothing constitutes a partnership or joint venture.
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We maintain professional indemnity insurance.
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If we hold your money, it will be kept in a separate client account.
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We accept no liability for economic loss (including loss of business, data, or profits).
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This Agreement is governed by English Law, with exclusive jurisdiction of the English Courts.
14. Complaints
If you’re not completely happy with our service, please let us know.
You can:
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Call: 01604 969524 (Mon–Fri, 9am–5pm, excluding UK bank holidays).
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Email: help@fundable.uk or complaints@thembn.co.uk.
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Write: 3rd Floor, 86-90 Paul Street, London, EC2A 4NE.
We will notify our Principal, Moorgate Finance Ltd, who will aim to resolve your complaint.
If unresolved, you may refer it to the Financial Ombudsman Service:
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Address: Exchange Tower, London, E14 9SR
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Contact: 0800 0234567 or 0300 1239123
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Website: www.financial-ombudsman.org.uk
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