1 Cash Flow Finance House Limited ( hereinafter Cash Flow Finance House or “us” where the context so admits)is a portal based platform (Cashflowfinancehouse.co.uk) that aims to generate qualified leads for among other things Invoice Discounting, Factoring and other business based finance opportunities.
2 Preferred lenders (or “you” where the context so admits) are a select number of industry lenders who have been offered the opportunity to receive prior notification of new leads that are generated by the site.
3 Clients or leads are businesses who are seeking invoice discounting, factoring advice or other business finance and who have entered their details on the portal and who are looking for a contact from a lender to follow up and progress their initial enquiry.
4 In agreeing to become and remain a Preferred Lender you agree at all times to abide by the terms and conditions of Cash Flow Finance House. Preferred Lenders should note that from time to time the terms and conditions may change and the onus is upon you to regularly check that you are familiar with the most up to date terms and conditions and any changes that may have been made to them. Whilst every effort will be made to notify you of changes to the terms and conditions no responsibility can be accepted by Cash Flow Finance House if lenders are operating under the mistaken belief that the terms and conditions that were agreed with them at the commencement of the relationship with Cash Flow Finance House remain the most current terms and conditions now being operated.
5 Cash Flow Finance House recommends that Preferred Lenders print off a copy of these terms and conditions and keep them with their records. They comprise the entirety of the relationship between us. In keeping with industry convention, we do not require Preferred Lenders to sign or countersign or otherwise indicate agreement to the Terms of Business. By continuing to use this site, you are deemed to agree to them, and to be bound by them.
6 Before joining the list of Preferred Lenders and being given access to the site, Preferred Lenders will be required to enter into an industry standard commission agreement which will include the provision of payment of service/admin fees and, of take on/retro fees. For the avoidance of doubt service/admin fee means the agreed percentage of the actual fee or minimum fee paid each month - whichever is the higher and includes any credit protection/Non-Recourse fees in respect of either factoring or invoice discounting arrangements agreed with the client leads generated through the portal. Further Cash Flow Finance House will look to Preferred Lenders to account for commission on any other finance that is raised by the Client or Lead from the Preferred Lender arising from the introduction made through this portal during the lifetime of the client
7 On becoming a Preferred Lender you will be supplied with your portal log in details and granted access to the site. You will supply Cash Flow Finance House with the e-mail address that you wish lead information to be forwarded to.
8 The basis of the site is that client leads will be generated and upon a lead becoming live you will receive notification to an e-mail address that you have specified. The onus is upon you to notify Cash Flow Finance House if you wish to vary the address to which lead information should be sent. Client leads will be sent out simultaneously to all Preferred Lenders and the site will operate on a “first come first served basis”
9 Lead information will comprise a note of the name of the lead or client and their industry to enable Preferred Lenders to assess whether they fall within the general scope of their operations. It will not at this stage contain contact details which will only be supplied when the lead or client is accepted
10 Preferred Lenders will have an exclusive period of 2 hours in which to elect to accept the lead where after the lead will become available to all Pool Lenders.
11 If the Preferred Lender chooses to accept the lead information their acceptance will lock out the lead from all other lenders unless or until the lead is restored to the available lead category in the event of failure to fund or delay in funding.
12 On acceptance of the lead, Preferred Lenders will be supplied with contact information and will then be expected to follow up the information supplied and process the application(s) expeditiously and in accordance with the Preferred Lenders own requirements.
13 Preferred Lenders will be expected to advise Cash Flow Finance House in general terms as to the progress of the application from the Client or Lead and immediately the application(s) fail so that the Client or Lead can be returned to the list of applicants seeking finance. In order to do this Preferred Lenders will be expected to arrange for appropriate authorities to disclose information to be signed with the Client or Lead. Whilst Cash Flow Finance House would not expect to be told precise underwriting reasons for any failure to finance a general indication in terms of “failing to meet underwriting criteria” “inappropriate credit scoring of the business or a principal party within the business” or “due diligence” would enable Cash Flow Finance House to better manage the expectation of the Client or Lead in any future placement.
14 All negotiations concerning the lead and appropriate due diligence will be a matter for the Preferred Lender, Cash Flow Finance House accept no responsibility for the viability of the lead. Cash Flow Finance House act as a broker only, and does not provide any services as a lender, quasi lender or provider of credit. Our responsibility under these Terms of Business are limited solely to assisting Client leads to find an institution prepared to lend money to their business in accordance with the needs and profile of that business that they have disclosed to us and which we in turn have relayed to you. We cannot be held responsible for the manner in which they subsequently apply any finance raised or the consequences of such additional finance to their business. Nor can we be held liable for your failure to raise finance to the extent that they wish or at all.
15 Any discussion that you have with the Client or Lead that are outside the scope or purpose of these Terms of Business, and the consequences for you or your business of any such discussion and any transaction or investment that arises from such discussion, are not our responsibility whatsoever.
16 At all times preferred lenders will subscribe to the code of conduct operated by the Asset Based Finance Association.
17 Cash Flow Finance House selects lenders for its panel based on its due diligence into the circumstances, business methods and track records of each such lender. We may rely on third party information as part of this due diligence process, which we are not in a position to verify and which we will act upon in good faith. We review our panel lenders from time to time, applying the same degree of due diligence. We therefore present any lender on our panel to clients on the basis that we have used reasonable care to ensure that such lender is an honest, responsible and (where necessary) appropriately regulated business. We limit our responsibility to you and them accordingly. We do not accept responsibility to you for any loss you may sustain or any costs or expenses you may incur which arise due to a failure or demerit in a client lead of a nature that it would not have been reasonable for us to have detected by our normal due diligence procedures referred to in this paragraph.
18 Preferred Lenders must inform Cash Flow Finance House immediately of any material data or information in their possession, speculative or otherwise, which may materially affect our relationship with them
19 Conflicts of Interest
In view of our business model, it is extremely unlikely that our relationship with you is going to give rise to a conflict of interest. However, in the unlikely event that a conflict of interest should arise whereby;
19.1 Cash Flow Finance House or one of our Directors or Consultants could have an interest in a lending company on our panel: or
19.2 Cash Flow Finance House or one of its Directors or Consultants could have an interest in a client or lead or
19.3 Circumstances could arise where our duties to you conflict with our duties to another client of Cash Flow Finance House
We will make you aware of the conflict of interest as soon as we become aware of it and we will obtain your consent before continuing with the instructions
20. Equal Opportunities and diversity policy
It is our principal aim to treat all our Lenders, clients and potential clients fairly. This means that we will always endeavour to:
20.1.1 Conduct our business with due skill, care and integrity;
20.1.2 Treat you and your business at all times without regard to any issues of race, colour, creed, religion or any other discriminatory issue either in respect of your staff, your customers or the objects of your business
20.1.3 Never put ourselves in a position where our primary duty to you is compromised, nor discriminate against you either directly or indirectly;
20.1.4 Deal with any complaint that you may raise sympathetically and independently of the colleague concerning whom the complaint is directed;
20.1.5 Be open in the matter of our remuneration; and
20.1.6 Respect your confidentiality at all times.
In the unlikely event that we fall short of your expectations of us and you feel the need to lodge a complaint with respect to our services under these Terms of Business, please contact our office. Our internal complaints procedure is available on request.
If we cannot resolve the issues that you feel that you have, you may be entitled to refer the matter further to the Financial Ombudsman Service. You can find further details concerning the jurisdiction and scope of the Financial Ombudsman Service atwww.financial-ombudsman.org.uk
22 At all time Preferred Lenders warrant to us that they are compliant with current Data Protection Act legislation
23 Cash Flow Finance House may terminate the Agreement with you to remain a Preferred Lender immediately by notice in writing to you in the event you are in material or repeated breach of the terms of these Terms and Conditions. At that point all access codes to the site will be withdrawn.
24 Cash Flow Finance House may terminate any agreement between Cash Flow Finance House and you by giving you not less than 30 days’ written notice.
25 In relation to 23 & 24, you will continue to make payments under any agreement between Cash Flow Finance House and yourselves for clients previously introduced through the portal.
26 Rights and liabilities accrued prior to the effective date of termination shall survive termination.
27 These Terms and Conditions and any specific commission agreement between Cash Flow Finance House and Yourselves shall be subject to the law of England and Wales or the law of Scotland and you agree to submit to the exclusive jurisdiction of the courts of England and Wales or Scotland.We will ask you to provide us with an address at which we will send you any formal communications and notices. Any formal communication or notice you need to send to us should be sent to our office address 19 Napier House, Elva Way, Bexhill on Sea TN39 5BF
28 It is specifically declared that Cash Flow Finance House shall not be held out or shown or in any way construed as your agents or quasi agents and all dealings conducted with the client or lead shall be read accordingly
29 These Terms of Business will apply as between Cash Flow Finance House on the one hand and, on the other hand:
Your company or partnership
Accordingly only you (as explained above) and we are parties to these Terms of Business and for the purposes of the Contracts (Rights of Third Parties) Act 1999, no other person has a right to enforce any provision of these Terms of Business.