Legal

Please read the user agreement below as it sets out the terms of use for this site.

User Agreement

Background

This website (‘this Site’) and its services and in particular the loan finder service are provided by Creative Business Finance Ltd (hereafter ‘CBF’) for the use of you (‘the Client’) in obtaining information, advice, quotes and/or introductions to finance companies (‘Lenders’).

In completing and submitting an enquiry through the loan finder service the Client is instructing CBF to seek to obtain offers of finance (a ‘Finance Facility’) from Lenders.

These services are provided subject to the terms set out below and in using this site and in particular the loan finder service you are agreeing to be bound by the current version of this agreement (the ‘User Agreement’) posted on the website.

Where the Client is not an individual then the terms ‘you’ or ‘the Client’ will mean your Company on whose behalf an enquiry is made and where applicable, its directors, officers and/or shareholders or any successor company which may be owned by either the directors or shareholders.

The terms of use in respect of the loan finder service provided on this site are set out below.

You may of course contact CBF without submitting an enquiry through the loan finder service on this site, in which case we will carry out such work on our normal terms of business which will be supplied to you.

Actions on submission and fees

On receipt of your enquiry CBF will contact the selected Lenders and any further Lenders which may be agreed subsequently with the Client.

CBF will seek offer(s) of Finance Facilities from the Lenders and will notify the Client of each offer received without providing the Lender(s)'s details.

If the Client wishes to proceed further the Client will be required to pay CBF an administration fee of 0.1% of the loan offered (subject to a minimum charge of £100.00) plus VAT, on receipt of which CBF will forward copies of the offers received to the Client and notify the Client of the Lender(s)'s contact details.

On acceptance of an offer of a Finance Facility obtained through a Lender introduced by CBF 1% (one percent) of the gross facility provided by the Lender, less the administration fee paid above.

The above commission is strictly a success fee and, as such, is only payable if the Client accepts a formal offer of a Finance Facility arranged and/or introduced by CBF.

The invoice may be raised on a Lender issuing a sanctioned offer of funds and is due for payment on the earlier of completion of the loan, commencement of drawdown of funds or 30 days from the date of invoice.

Some fees may be subject to VAT.

Fees payable to CBF are in addition to any other costs which the Client may incur (such as but not limited to valuation fees) relating to securing any Finance Facility and which will always be the responsibility of the Client to settle.

CBF is also fully entitled to receive remuneration from Lenders or insurance companies in respect of introductions and is under no duty to account to the Client for any such remuneration.

Authorisation for Lender to pay fees direct from drawdown

In accepting these terms the Client is hereby authorising and instructing any Lender introduced to the Client by CBF, either directly or indirectly via an associate brokerage, to retain funds out of the advance made sufficient to settle CBFs fees in respect of arranging a Finance Facility on the Client’s behalf, in accordance with the fees specified above on presentation to the Lender of CBF’s invoice.

Testing the market

At the time of writing there are over 150 lenders operating in the commercial property lending market.

CBF continually talks to Lenders and the number and firms of Lenders with which CBF deals is subject to continual change.

Nevertheless it is CBF’s policy to deal with a limited panel of Lenders at any time which are those lenders which In CBF’s view (and at CBF’s absolute discretion) are best suited to provide CBF’s Clients with appropriate Finance Facilities.

In providing any introduction therefore CBF is not holding itself out as testing the entire market for such services.

Rating of lenders

On this site CBF provide ratings of the performance of Lenders across a range of qualities and profiles of the Lenders with which CBF places Clients.

These ratings and our Lender profiles are subjective judgements made by CBF and its directors based on considering a range of information and where these judgements may always be subject to change at our absolute discretion.

As subjective judgements these ratings must therefore be taken simply as a guide by Clients as CBF are not in a position to guarantee the performance of any lender in any Client’s particular circumstances and therefore CBF’s ratings and comments may not therefore reflect a Client’s experience of any particular lender’s performance. Clients should therefore form their own views on, and rely on their own enquiries as to, the suitability of any lender to meet their requirements and CBF offers no warranties in respect of the information provided in its ratings and profiles.

CBF makes no guarantee of the procurement of a Finance Facility, is not a party to the transaction between any Lender and the Client and makes no warranties as to the services provided by Lenders.

In particular, identification of a lender as matching the Client's requirements does not constitute an offer of finance and the production of an offer of funding by any Lender will be subject to the provision of information by the Client and underwriting by the Lender.

Submission of documents and information

The Client agrees to submit all relevant information to CBF and warrants that all information supplied is authentic and accurate. The Client will indemnify and defend CBF against any claim, loss, liability, judgment cost or expense, including legal fees, arising from the use of the information.

Authority to authorise credit searches and agree to lenders quotation terms

In accepting these terms of business the Client is authorising CBF to authorise lenders to conduct credit searches and for CBF to agree on the Client’s behalf to the terms under which Lenders may issue quotations.

Packaging and other costs

CBF may act as a packager for a Lender, being engaged by the Lender to prepare the paperwork required to process the loan. CBF is responsible to the Lender for the conduct of such packaging work and accepts no liability to the Client. This work may include a requirement for CBF to obtain credit searches on the Client and to instruct valuers to appraise the property being offered as security. Where CBF instructs such valuers or incurs costs that are for the Client’s account, these costs will be advised to the Client, at all times remain the responsibility of the Client and payment for all such costs must be made to CBF before CBF will incur the costs.

Privacy policy and confidentiality

CBF is registered under the Data Protection Act.

In order to use the interactive features of the site the Client will need to enter information specific to the Client and its business to enable CBF to provide the Client with advice and seek quotes for the Client from finance companies, to administer the site and to contact the Client. In doing so the client gives permission for CBF to retain such information in its databases.
The Client may of course decline to provide any of the information requested and the Client is under no obligation to do so.

CBF agrees to keep confidential all information submitted to it by the Client and not to divulge any such information, without the written consent of the Client, other than to Lenders in furtherance of seeking sources of finance for the Client.

Where information is provided to a Lender CBF cannot be responsible to the Client for that Lender’s conduct or the use made by that Lender of the information provided and accepts no liability in this respect.

On successful completion of a transaction, CBF shall be entitled to use details of the transaction in its marketing materials save that the Client’s name will not be disclosed without the Client’s express permission.

Complaints procedure

CBF holds Consumer Credit Licence number 555221 issued by the Office of Fair Trading.
In the event you are dissatisfied with the service you receive please contact our office and ask to speak to a Director or write to us with details of your complaint.

If we cannot resolve your complaint within one working day we will acknowledge your complaint in writing and provide you with details of our complaint handling procedure. If CBF is unable to resolve a complaint to your satisfaction within 8 weeks of receipt you may be entitled to refer the matter to the Financial Ombudsman Service, the details of which we will provide you with on receipt of your complaint.

Communication

In providing CBF with the Client’s contact details, the Client is hereby deemed to be giving CBF general permission to contact the Client using these contact details.

Opt out

This agreement allows for the Client to opt out of the receipt of any further communication from CBF. To do so please e-mail CBF at finance@creativefinance.co.uk with the subject line ‘Opt out’ and your contact details.

Correction of information

Should you wish to see a copy of the information held by CBF or to notify CBF of any changes you required to the information held by CBF please contact finance@creativefinance.co.uk.

Copyright

All material included on this site is the property of CBF and is protected by Copyright.
Where third-party trademarks are shown on the site these remain the property of the relevant third party.

Links

CBF may incorporate links to third-party websites in this site. CBF is not responsible for content of any such site, offers no warranties, accepts no responsibility for any loss or damage you may suffer from linking to such sites and you do so entirely your own risk.

Modifications & scope of the agreement

The provisions of this User Agreement may be changed only with the written consent of CBF.
If any condition of this User Agreement is held by a Court of competent jurisdiction to be invalid the rest of the User Agreement shall remain in force and shall then be read as if such invalid provision had been omitted herefrom.

CBF reserves the right to make changes to this site and this User Agreement at any time.

None of the client’s rights under this User Agreement are assignable without the written agreement of CBF.

This User Agreement shall be governed by and in accordance with the Laws of England.
Limitation of liability

CBF provide no warranty as to the information provided through this Site or in any communication arising from the Client’s use of this Site.

CBF shall not be liable for any loss or claim of any kind arising out of this agreement or use by the client of the website.

Nothing in this User Agreement shall act to exclude a party’s liability for death or personal injury as a result of negligence.

Contact

In respect of any queries concerning this Site or this User Agreement please contact Mark Blayney at:

* Creative Business Finance Ltd, 1/3 Bakehouse Hill, Darlington, DL1 5QA
* 0870 420 8317
* finance@creativefinance.co.uk

Creative Property