1.1 Cash Flow Finance House.co.uk is a website and trading name of Cash Flow Finance House Limited ( hereinafter Cash Flow Finance House).We are a lead generating business for invoice Discounting, Factoring, Asset Finance and other business related finance . We act as a portal provider only, and do not provide any services as a lender, quasi lender or provider of credit.
1.2 Our website is linked to a panel of lenders who are in the business of providing credit facilities subject to satisfactory compliance with their demands and are all authorised to do so. We simply pass on leads to those institutions. They make the decision whether to lend or not and we have no influence over that decision or the terms that they may wish to offer to any business
2. These Terms of Business
2.1 This document sets out our Terms of Business.In agreeing to become and remain a broker with Cash Flow Finance House you agree at all times to abide by the terms and conditions of Cash Flow Finance House. Brokers 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 Brokers 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.
You may want to print off a copy and keep it with your records. It comprises the entirety of the relationship between us.
2.2 In keeping with industry convention, we do not require you 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.
2.3On becoming a Broker 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
3. Our Services
3.1 Cash Flow Finance House introduces clients to lenders through its website. As a broker you will have the ability to access our portal and promote clients or leads of your own. 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.Our service to your client is free of charge and confidential. We may however be paid a commission by the lender if your clients are successful in their application. We will make arrangements to share that commission with you. Such arrangements will be by separate documentation.Lead information will initially be supplied to a lender and 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.
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.
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.
3.2 Our aim is to support clients in seeking to obtain appropriate funding solution to meet their specific requirements. They will be placed with a dedicated lender who will work with them to find the most appropriate solution for their business from our panel of independent finance providers. We have no influence on what your client may agree with the finance provider or the terms that they may require your client to agree to in order for them to assist your client.
3.3 Our services include:
3.3.1 Provision to you of a portal access to enable you to up load details of leads and clients that you wish Cash Flow Finance House to give consideration to
3.3.2 An assessment of your clients’ specific funding and business requirements based on the information that you supply us with and without any obligation on our part to check the veracity of what you have told us;
3.3.3 A recommended shortlist of typically 2 – 3 lenders from our panel whom, based solely on the information that you have supplied, we consider best fit your clients’ needs at this time;
3.3.4 Continued guidance through the process of negotiation of their funding with the lender or lenders chosen from the shortlist. ( please be aware that at the end of the day it is for your client to satisfy themselves via their own financial and legal advice whether the negotiations that they are engaged in are suitable for their current and future business needs); and
3.3.5 After care service once your client has become a live client subject to your own requirements as a broker. You should ensure that you hold an authority from your client to enable us to disclose matters to you.
3.4 We recognise it is important for your clients to be able to shop around for credit and alternative sources of credit and we would be happy to assist you if required. As your client is being promoted by a broker we will refer matters back through you unless you authorise us to deal with the client direct. We cannot of course control what any Lender may choose to do and when a Lender has been secured you will need to ensure that he is aware of your existence and relationship to the client.
3.5 Please note in particular the following matters;
3.5.1 We do not provide legal or financial advice. If you or your client are presented with loan documentation for agreement with a lender whom we have introduced to you, it is your and their responsibility to seek legal advice from an appropriately experienced legal advisor and financial advice from a suitably qualified accountant or similar professional. Once we have suggested to you a lender, the relationship that you and your client have with that financial institution is private and confidential to them and your client and your business. You must not assume that we know anything about the arrangements that thereafter you and they reach with that lender, nor what additional information they may have received from you or your client. Accordingly we cannot be expected to know whether the lender remains the most suitable institution for your client’s needs.
3.5.2 We are not responsible for advising you or your client on the solvency of their business or on whether it may be insolvent. The law imposes obligations on the directors or owners of a business that is or may be technically insolvent, and if the reason your clients are seeking loan finance is connected with the solvency of their business, they should take advice on their obligations from a qualified insolvency practitioner or other professional.
3.5.3 We do not provide taxation, fiscal or investment advice or advice on the impact of the same on proposals that your clients are negotiating either in this country or in any other jurisdiction where they trade or intend to trade in the future.
3.5.4 We are here to offer a service as we have described, and will give your clients what we consider to be the most appropriate service from our panel in this respect, based on the limited information that you provide to us at the time that you provide that information to us on the portal. We may ask you or your client to clarify certain issues but will not carry out any due diligence exercise on their business or the proposal that you put to us. We will accept what you say as being with the authority of your client and act accordingly. This does not amount to advice by us to you on the full commercial operation of their business, which is likely to depend on information that we do not have and are not entitled to see or receive. Accordingly, the decision to proceed with one of our recommended lenders (if any) is ultimately yours and theirs and based on matters that you have discussed with them with both your client and the lender and disclosures that your client may have made to them. Once we have suggested to you and your client a financial institution that we think may be able to help them we will step back and leave them to enquire of you what they need to know to enable them to make their informed decision. We may monitor the progress of the negotiations from time to time to ensure that you are all making such progress as you want to but we will not rush you or your client into reaching a decision.
4. Your Responsibilities to us
4.1 In order for us to fulfil our responsibilities to you and your client and to provide you with this service, you and your client are expected to fully read any documentation we give you or your client and let us know immediately if there is anything that is unclear or anything that does not represent their present or perceived future requirements. We also expect you to immediately raise any other issues that affect your use of our services. We will not be responsible to you if as a result of any misleading or ambiguous disclosure or lack of information from you, we make arrangements that are not wholly appropriate for your clients’ business.
4.2 If, in the course of our relationship with you, your client or your or their business(s) suffer material changes (here specifically, though not exclusively, referring to material financial changes, whether adverse or not), you must inform us immediately unless you are under a formal legal or other obligation not to do so.
4.3 Should we incur material cost or expenses or sustain material losses as a result of your failure to comply with paragraphs 4.1 or 4.2, we are entitled to an indemnity from you to the extent of such cost, expense or loss.
5. Limitations of our Service
5.1 Our responsibility under these Terms of Business are limited solely to assisting your client to find an institution prepared to lend money to their business in accordance with the needs and profile of that business that you have disclosed to us and which we in turn have relayed to the panel of lenders with whom we work. We cannot be held responsible if the information that you supply us with on behalf of your clients is faulty. We cannot be held responsible for the manner in which your clients subsequently apply any finance raised or the consequences of such additional finance to their business. Nor can we be held liable for their failure to raise finance to the extent that they wish or at all.
5.2 Any discussion that you have with a panel lender that are outside the scope or purpose of these Terms of Business, and the consequences for you or your client or your respective business of any such discussion and any transaction or investment that arises from such discussion, are not our responsibility whatsoever.
5.3 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 you and your client 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 your client accordingly. We do not accept responsibility to you or your client for any loss you or they may sustain or any costs or expenses you or they may incur which arise due to a failure or demerit in a lender 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.
6. Our Remuneration
6.1 Cash Flow Finance House does not look to your client to pay for using our broking services.
6.2 Cash Flow Finance House will receive commission payments from any lender or other financial institution that it may introduce to your client and from whom your client then decides to borrow. Our Consultants are not made aware of the commission rates and therefore will not be influenced by this as a factor when making introductions to any of our panel lenders. We expect our panel lenders to disclose to your client that Cash Flow Finance House will be paid a fee for a successful introduction, and to make full details of commission actually paid on request. We will make arrangements to pass on that percentage of the commission as we have agreed with you should be passed on to you in recognition of the lead that you have supplied via the portal in accordance with the agreement which we have reached with you prior to your use of the portal.
6.3 Please note that where your client returns to a lender whom we have introduced in order to negotiate a further facility at some point in the future, we may be entitled to a further commission payment in relation to that facility as well and if this is the case we will seek to account to you for your share in accordance with agreements that we have in place with you
6.4 Cash Flow Finance House can accept no responsibility to a Broker 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.
7. Conflicts of Interest
7.1 In view of our business model, that it is extremely unlikely that our relationship with you is going to give rise to a conflict of interest.
7.2 However, in the unlikely event that a conflict of interest should arise whereby;
7.2.1 Cash Flow Finance House or one of our Directors or Consultants could have an interest in a lending company on our panel: or
7.2.2 Circumstances could arise where our duties to you or your client conflict with our duties to another client of Cash Flow Finance House
We will make you and your client aware of the conflict of interest as soon as we become aware of it and we will obtain your and their consent before continuing with your and their instructions
8. Equal Opportunities and diversity policy
8.1 It is our principal aim to treat all our clients, brokers and potential clients fairly. This means that we will always endeavour to:
8.1.1 Conduct our business with due skill, care and integrity;
8.1.2 Treat you and your business and your client and their business at all times without regard to any issues of race, colour, creed, religion or any other discriminatory issue either in respect of your or their staff, your or their customers or the objects of your or their business
8.1.3 Never put ourselves in a position where our primary duty to you or your client is compromised, nor discriminate against you or them either directly or indirectly;
8.1.4 Deal with any complaint that you or they may raise sympathetically and independently of the colleague concerning whom the complaint is directed;
8.1.5 Be open in the matter of our remuneration; and
8.1.6 Respect your and your clients’ confidentiality at all times.
9.1 In the unlikely event that we fall short of your expectations of us and you or your clients 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.
9.2 If we cannot resolve the issues that you or they feel that you have, you or they may be entitled to refer the matter further to the Financial Ombudsman Service. You or they can find further details concerning the jurisdiction and scope of the Financial Ombudsman Service atwww.financial-ombudsman.org.uk.
10. Data Protection and Confidentiality
10.1 Cash Flow Finance House is registered under the Data Protection Act 1998 and will at all times abide by the requirements of the relevant regulations made there under.
10.2 All information received from you or your clients will be held by us in strict confidence and will used exclusively in order to provide quotations and arrange finance with a funder. We will not supply your or your clients’ confidential information to any person other than a potential lender from our panel without your and their prior consent (unless we are required to do so by the law).
10.3 You or your clients have the right to require us to cease to use the information that you have provided to us either directly or indirectly (either generally or with respect to any specific piece of such information). If this makes it practically speaking impossible for us to provide our services to you or your clients under these Terms of Business, we will notify you and them of this and bring this relationship to an end.
10.4 Before or at any time after your clients enter into any agreement with a lender from our panel, and in order for it to make credit decisions, the lender may make a credit search with a credit reference agency. If they are a company or partnership the lender will also make enquiries about the principal director(s) or partner(s) with that credit reference agency. Full details of the use and disclosure of their information by the lender must by law be set out in the terms of the offer of any loan which the lender proposes to make, and your clients should read all of this carefully before signing.
10.5 All our customers’ records are treated as private and confidential and Cash Flow Finance House therefore reserves the right to give you or your client copies of the particular records rather than allow access to files containing records concerning other clients. If you or they want sight of the records please send a request in writing to our office. Cash Flow Finance House reserves the right to charge a nominal fee for the production of the records in accordance with the spirit of the Data Protection Act 1998 and any regulations made there under.
11. Other Miscellaneous Matters
11.1 These Terms of Business and any separate commission agreement will apply as between Cash Flow Finance House on the one hand and, on the other hand:
11.1.1 you yourself, if a sole trader; or
11.1.2 your company or partnership, if you are applying for our services as a company or a partnership.
Accordingly only you, the broker (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.
11.2 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
11.3 Either party may terminate the relationship under these Terms of Business on written notice to the other with immediate effect. At that point the relationship between us will cease save in relation to those obligations whether on your part or ours are required by law to continue
11.4 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.