Terms of Business
Terms of Business and Credit Information Notice
This document sets out how We will deal with You in the provision of Credit Broking. We will start providing Credit Broking, and this Agreement will be dated, once we and you have signed this Agreement.This date will be the Commencement of this Agreement.
YUMO Finance is completely independent and not tied to any one UK lender or part of a network, which enables us to source and structure the best possible and most appropriate nance deal for you.
YUMO Finance Limited is Authorised and Regulated by the Financial Conduct Authority (FRN919853). The Financial Conduct Authority (FCA) regulates nancial services in the UK and you can check our authorisation and permitted activities on the Financial Services Register by visiting the FCA’s website www.fca.org.uk/rms/systems-reporting/register or by contacting the FCA on 0800 111 6768.
Arrangement FeeWe will discuss Our charging structure with You as part of the fact find process. In some instances We will receive commissions from a Lender which may reduce or negate any charge by Us to You. This will be determined when the Lender is identified.Payment of the arrangement fee shall
You acknowledge that: You have been advised to seek such independent advice as you consider necessary before signing this agreement; We source Lending Proposals from an unrestricted number of Lenders.
We may receive commission from the Lender as well as receiving Feesseparately from You; for the avoidance of doubt these sums are subject to the terms of our arrangements with the Lender who pays that commission.
You have read the Our terms and conditions set out below and agree that they form part of this agreement.
You consent that; You agree to pay the Fees.
You are aware that We may receive commission from a Lender for the arrangement of this agreement and you have no objections to Us receiving this amount.
Arrangement Fee; The fee set out at clause 3.2 hereof
Completion; The date any Finance Agreement with a Lender becomes effective following a Lending Proposal
Credit Broking; The Services Which We provide to You under this Agreement
Commencement; The date on which We commence providing this of this Agreement; Credit Broking to You
Fees; The Appraisal Fee, the Broker Arrangement Fee or the Renewal Fee as the case may be
Finance Agreement; A loan, credit or hire agreement
Finance Offer; A written offer setting out proposed terms of nance issued by any Lender whether such offer is conditional or unconditional or any replacement thereof
Lender; Any lender to whom the Lending Proposal is presented
Lending Proposal; The proposal prepared by Us setting out the requirements recorded in the Conrmation of Instructions provided in accordance with paragraph 1 of the attached Terms and Conditions as varied from time to time
Loan Amount; The sum of any amounts payable by a Lender to You following the issue of a Finance Offer by that lender which has been accepted by You
You, your; The Client as referred to above We, Our, us; The Broker as referred to above Privacy Notice; The Notice provided to You about how We process Your Personal Data
1. CONFIRMATION OF INSTRUCTIONS
1.1. We have provided a Conrmation of Instructions (the Instructions) which shall be read and take effect as part of the Agreement.
1.2. Any change to or variation of the Instructions will not affect the liability of you to pay any Fee pursuant to the Agreement.
2. YOUR DUTY TO US
2.1. You agree to act with utmost good faith in the provision of information to the Us. The duty is continuous and applies to all the information You provide, whether We have asked for it or whether You have provided it voluntarily. You agree not to withhold information from Us.
2.2. You agree to take all reasonable steps and use all reasonable endeavours to comply with and satisfy any condition imposed by the Lender who has made a Finance Offer that accords with the requirements set out in the Conrmation of Instructions letter.
2.3. You agree to notify the Us if at any time, You intend to appoint an additional or alternate broker or intermediary to obtain an offer of nance for them whereupon We will be entitled to terminate this Agreement forthwith.
2.4. If You fail to notify the Us that You intend to appoint an alternate or additional Broker or intermediary prior to doing so and if an Offer of Finance is obtained from any Lender the you will pay the Arrangement Fee calculated by reference to the Finance Offer made but otherwise in accordance clause 3.2 of the Agreement with Us.
3. INTRODUCTORY COMMISSION
3.1. The Lender may pay Us introductory commission in respect of the funding set out in the Finance Offer.
3.2. You, having acknowledged the matters set out under the Client Acknowledgment consents to Us receiving and retaining any commission paid.
4.1. We may terminate the Agreement by giving 14 days written notice to You.
5. NACFB CODE OF PRACTICE/COMPLAINTS
5.1. We agree to act on behalf of You in accordance with the terms of the Code of Practice of the National Association of Commercial Finance Brokers (NACFB) as amended (the Code) and a copy of the Code is available on request from the Association or on the NACFB website www.nacfb.org
5.2. We will investigate and deal with any complaints raised by You concerning the services provided under this Agreement promptly and reasonably but if the We are unable to resolve any complaint to the Client’s satisfaction the Code of Practice stipulates the procedures available to you including NACFB Mediation.
5.3. If You are unhappy with Our response to their complaint, and the complainant falls within the regulated activities, You may be able to complain to the Financial Ombudsman Service at: Address: Financial Ombudsman Service, Exchange Tower, London, E14 9SR. Contact: 0800 0234567, 0300 1239123. Website: www.nancial-ombudsman.org.uk
5.4. The Ombudsman will be able to conrm whether he can look at the complaint. If You are entitled to make a complaint to the Ombudsman, then You are not bound to follow any alternative procedure and can make Your complaint to the Ombudsman within the timescales set down by the rules applicable to that scheme, details of which will be provided to You by Us on request.
6.1. Any amendment whether proposed by the You or Us shall be notied in writing to the other party. Any amendment proposed by the Us shall take effect on the date specied unless in the meantime You notify Us to the contrary or request an extension of time. Any amendment proposed
7. PRIVACY NOTICE AND DATA PROTECTION
7.1. A Privacy Notice has been issued separately from the Terms of Business. Being transparent and providing accessible information to individuals about how We will use Your personal data is a key element of the EU General Data Protection Regulation (GDPR)
7.2. This privacy notice details; lawful bases for processing data, who We are, how We use the information about You, marketing consent, what information is collected, why the personal data is required, our data retention periods and individuals’ rights to personal data. More detailed information can be obtained on request.
7.3. You must be condent You understand how your data will be processed. If you require further clarication, please contact us before entering into an Agreement.
7.4. If You have not received or seen the Privacy Notice. Contact us before conrming to this agreement.
8. ASSIGNMENTS AND THIRD-PARTY RIGHTS
8.1. This Agreement is personal to You and a person who is not a party to this Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
9. PROFESSIONAL INDEMNITY
9.1. We will maintain professional indemnity insurance cover in respect of its business with and on standard terms offered by reputable insurers.
10.1. You accept that the We shall have no liability for any economic loss (whether direct, indirect or consequential) insofar as it relates in any way to loss of business, loss of Client data, interruption of business or loss of prots or goodwill because of the manner of performance by Us of any obligations arising under this Agreement. This exclusion of liability will not, however, otherwise affect any statutory rights of the Client.
11. CHOICE OF LAW
11.1. The Agreement shall be construed in accordance with English Law and the parties irrevocably agree to submit