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 Marketing Agents or “you” (where the context so admits) are persons who have been offered the opportunity to generate new Clients or Leads for the site.
3 Clients or Leads are businesses who are seeking invoice discounting, factoring advice or other business finance.
4 In agreeing to become and remain a Marketing Agent you agree at all times to abide by the terms and conditions of Cash Flow Finance House. Marketing Agents 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 Agents 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 Agents 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 Agents 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 On becoming an Agent you will be supplied with your portal log in details and granted access to the site. You should make yourself familiar with the terms and conditions offered to all Clients or Leads from time to time to ensure that nothing that you do or say contradicts Cash Flow Finance House’s stated policy for its Clients or Leads
7 The basis of the site is that client leads will be generated and upon a lead becoming live it will be offered to a list of Lenders on a “first come first served basis”
8 Lead information will comprise a note of the name of the lead or client and their industry to enable Lenders to assess whether they fall within the general scope of their operations. It will not at the initial stage contain contact details which will only be supplied when the lead or client is accepted.
9 If the 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.
10 On acceptance of the lead, 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 Lenders own requirements.
11 As a Marketing Agent you will be expected to generate Leads and Clients for the site using a list of cold leads that will be supplied by Cash Flow Finance House. You will be expected to introduce the concept of the portal and in generic terms the types of product that might be available to any lead or client. You will be supplied with marketing material by Cash Flow Finance House which you will be expected to adhere to, in its entirety. Failure to do so will constitute a material breach of these terms and conditions and render any agreement between the Marketing Agent and Cash Flow Finance House voidable at the election of Cash Flow Finance House.
12 Marketing Agents will be expected to use their best efforts to promote and increase the business of Cash Flow Finance House at all times, but must be realistic in any expectation that they raise in any Lead or Client. Cash Flow Finance House is simply a portal. It does not seek to offer finance or loans nor can it guarantee the success of any application made by a client or lead. All decisions on applications rest with the Lender with whom the Client or Lead is placed. Cash Flow Finance House is not and should not be construed as an Agent or representative of any lender or group of lenders
13 All negotiations concerning the lead and appropriate due diligence will be a matter for the 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. Cash Flow Finance House’s function is 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 relayed to the Lender. 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 Cash Flow Finance House be held liable for their failure to raise finance to the extent that they wish or at all. Marketing Agents should therefore bear this in mind in all representations that they make.
14 Any discussion that Marketing Agents have with the Client or Lead that are outside the scope or purpose of these Terms of Business, and the consequences for Marketing Agents or their business of any such discussion and any and all consequences that arises from such discussion, are not Cash Flow Finance House’s responsibility whatsoever.
15 Marketing Agents will be remunerated in accordance with the separate agreement that they have reached with Cash Flow Finance House which will generally be based on a commission payment for the successful conclusion of a fund raising by the client or lead and an periodic commission during the lifetime of the funding arrangements with that client and that lender.
16 Cash Flow Finance House can accept no responsibility to the Marketing Agent for the termination of payments in respect of the Client or Lead brought about by the termination of arrangements between the Lender and the Client for whatever reason
17 Marketing Agents acknowledge that at all times they owe a duty of confidentiality during the currency of any agreement with Cash Flow Finance House and after ceasing to work with Cash Flow Finance House for any and all information gathered or learnt concerning client leads or potential client leads and lenders of Cash Flow Finance House. Furthermore Marketing Agents acknowledge that their duty extends to the workings of the portal and its software which shall remain copyright to Cash Flow Finance House at all times
18 Marketing Agent acknowledge that they have no authority to bind Cash Flow Finance House in any way whatsoever.
19 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. It may rely on third party information as part of this due diligence process, which it is not in a position to verify and which it will act upon in good faith. Cash Flow Finance House reviews its panel lenders from time to time, applying the same degree of due diligence. Cash Flow Finance House therefore present any lender on its panel to clients on the basis that it has used reasonable care to ensure that such lender is an honest, responsible and (where necessary) appropriately regulated business. We limit our responsibility to our clients and leads accordingly and Agents should ensure that in their discussions with potential leads or clients they do nothing to contradict this.
20 Marketing Agents 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
21 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;
21.1 Cash Flow Finance House or one of our Directors or Consultants could have an interest in a lending company on our panel: or
21.2 Cash Flow Finance House or one of its Directors or Consultants could have an interest in a client or lead or
21.3 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 our relationship.
22 Equal Opportunities and diversity policy
It is our principal aim to treat all our Agents, Lenders, clients and potential clients fairly. This means that we will always endeavour to:
22.1.1 Conduct our business with due skill, care and integrity;
22.1.2 Treat you at all times without regard to any issues of race, colour, creed, religion or any other discriminatory issue either in respect of you, your staff, your customers or the objects of your business
22.1.3 Never put ourselves in a position where our primary duty to you is compromised, nor discriminate against you either directly or indirectly;
22.1.4 Deal with any complaint that you may raise sympathetically and independently of the colleague concerning whom the complaint is directed;
22.1.5 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
24 Cash Flow Finance House may terminate the Agreement with you to remain a Agent 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.
25 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.
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 the agents or quasi agents of any Lender and all dealings conducted with the client or lead must be promoted accordingly
29 These Terms of Business will apply as between Cash Flow Finance House on the one hand and, on the other hand:
You, 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.