Terms and Conditions of use

 

This Introducer Agreement (“Agreement”) is entered into between NACFB Member Services Ltd, referred to as “NACFB,” and the NACFB Member, referred to as the “Member”.

 

Definitions:

Businessfinance.co.uk:

Online NACFB broker directory/system/platform/website.

 

NACFB:

National Association of Commercial Finance Brokers/NACFB Member Services Limited/NACFB Limited/the Introducer/the Association.

 

NACFB Assurance Consultation and Certification:

Assessment of the standards expected of Members by the NACFB/ACP.

 

Minimum Standards Review

Assessment of the standards expected of Members by the NACFB/MSR.

Member:

Commercial Finance Broker and Member of the NACFB.

 

Leads:

 

Lead/Prospective client(s)/Potential client(s).

RedFlag Alert Limited:

RedFlag Alert/ID verification provider/AML check provider.

 

1.       Agreement

a.       This Agreement should be read in conjunction with the provisions of the Code of Practice of the Association. In case of any conflict, the provisions of the Code of Practice will prevail. A Member is deemed to have read, understood, and accepted the terms of the Agreement upon their application for Businessfinance.co.uk being granted. The NACFB reserves the right to deactivate temporarily or permanently a Member’s listing if any breaches of this agreement are identified.

 

2.       Business Relationship

a.       The NACFB is authorised by the Financial Conduct Authority (FCA) for Secondary Credit Broking activities, enabling the NACFB to introduce prospective clients to the Member.  This does not constitute a business relationship or partnership between the NACFB and the Member.  

b.       You acknowledge that you are responsible for your own business activities in the marketing of any products to prospective clients, and any advice you give to prospective clients on the suitability of those products for their needs and for the handling and settlement of all complaints from such prospective relating to any such activities.

c.        The NACFB will not be held responsible or liable for the accuracy of data provided by third-party supplier RedFlag Alert.

 

3.       Dealings with NACFB

a.       The NACFB and the Member warrant that they have full power and authority to enter and perform this Agreement. Both parties will adhere to applicable laws, regulations, and the Association’s Code of Practice, including regulatory rules. The Member will conduct themselves in a manner upholding the NACFB’s good reputation.

 

4.       Eligibility

a.        To be eligible to have an active broker listing on businessfinance.co.uk, all brokers must be full Members, or Appointed Representative Members of the National Association of Commercial Finance Brokers (NACFB). Associate Members and Registered Individuals are not eligible for listing on the Businessfinance.co.uk platform.

b.       All Member brokers must be authorised and regulated by the Financial Conduct Authority (FCA) and must maintain this status throughout their usage of businessfinance.co.uk.

c.        All Member brokers are required to have successfully achieved NACFB Assurance Certification before being eligible to qualify for a listing. For Appointed Representative Members, their Principal firm must hold NACFB Assurance Certification status. For those Members that joined the NACFB prior to 3rd July 2023, Members or their Principal firm must have passed (grade C3 or above) the Minimum Standards Review (MSR) process to be eligible to feature on this platform. 

d.       Only one businessfinance.co.uk listing is permitted per Member firm or Appointed Representative Member of the NACFB, in-line with the above criteria.

 

5.       Fees

a.       The NACFB does not charge a fee to Members or receive any commission for using businessfinance.co.uk.

 

6.       Operational Use

a.     Data Accuracy: The Member is solely responsible for maintaining and updating information on Businessfinance.co.uk, ensuring its accuracy. The NACFB is not liable for inaccuracies in the hosted information. 

b.     Anti Money Laundering and Fraud Prevention: The Member is responsible for conducting due diligence on prospective clients, including Anti-Money Laundering (AML) and ID verification checks. The use of the Red Flag Alert (RFA) service on the platform is encouraged for verifying clients before financial introductions.

c.      Lead Quality: The NACFB is not liable for the quality of the information provided by the prospective client. The NACFB does not verify the identity of any leads and takes no responsibility for the validity of leads.

d.     Lead Quantity: The NACFB does not guarantee that a Member will receive leads from businessfinance.co.uk.  

e.       Notification to Clients: Members must promptly notify prospective clients of their acceptance/ inability to accept leads from Businessfinance.co.uk within 5 working days by using the links provided in all new lead email notifications.

f.       Financial Promotions and Listing Accuracy: All Member listings will be reviewed prior to approval. This review includes, but may not be limited to, Financial Promotions regulation, accuracy of business details, and clarity of language. Members are required to only select the finance types they are able to offer directly and should not purport to delivering services outside of their areas of scope.

g.        Data Reporting: Members are required to provide outcome data on the leads they have received. A pro-forma template/survey will be issued to you periodically, to be returned to the NACFB within 10 working days. The data will include, but may not be limited to, lead progression, lead quality and funding amounts.

h.       Equitable Lead Distribution: Prospective clients have the ability to submit leads to multiple registered Members through businessfinance.co.uk and are not limited to contacting just one Member.

i.         Lead Allocation: businessfinance.co.uk allocates leads to Members based on three key criteria provided by the prospective client, including reason for finance, loan size and location within the UK. Members are displayed in order of their proximity to the prospective client’s location.

 

 7.       Indemnities and Notifications

a.        NACFB and/or its suppliers are not liable in respect of any obligations under this Agreement for loss of use, profit, goodwill, or for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of businessfinance.co.uk or with any delay or inability to use the platform, or for any information, software, products and services obtained through the platform, or otherwise arising out of the use of businessfinance.co.uk, whether resulting in whole or in part, from breach of contract, tortious behaviour, negligence, strict liability or otherwise, even if NACFB and/or its suppliers had been advised of the possibility of damages.

b.       You will fully indemnify NACFB for any breach of this Agreement and all losses, damages, costs, legal costs, and expenses incurred or suffered by NACFB for any claims, disputes or actions brought by a third party arising out of or in connection with this Agreement.

 

8.       Assurance Consultation

a.       The NACFB will conduct Assurance Consultations to monitor compliance with the Code of Practice. Failure to comply and failure to achieve certification status may result in termination of Businessfinance.co.uk listing and NACFB membership.

 

9.       Duration and Termination

a.       Termination can be initiated by either party, giving 30 days written notice. Termination does not affect rights or obligations for existing introductions and transactions.

b.       The NACFB shall be entitled to terminate this Agreement with immediate effect if:

                                                               i.      The Member is in breach of any of its obligations under this Agreement or the NACFB Code of Practice and fails to remedy that breach within seven working days of receiving a notice specifying the breach and requiring its remedy.

                                                              ii.      The Member’s regulatory status required for the performance of its obligations under this Agreement is cancelled, withdrawn, or made subject to any condition that is unacceptable to the NACFB.

                                                            iii.      The Member commits any action that the NACFB deems to bring the Association into disrepute, where termination is at the sole discretion of the NACFB without burden of proof.

c.        The NACFB shall have the authority to determine the nature of any breach and the appropriateness of termination.

 

10.    Notifiable Events

a.       The Member must notify the NACFB of disciplinary actions or investigations by regulators related to the Introducer or its representatives.

 

11.    Data Protection

a.       Both parties shall comply with their respective obligations under the Data Protection Act 2018 and any applicable data protection laws. The parties shall process any personal data in accordance with the principles set out in the Data Protection Act 2018, including but not limited to:

                                                               i.      Lawful Basis for Processing: Each party shall ensure that it has a valid lawful basis for processing personal data. This may include obtaining explicit consent from data subjects or processing personal data for the performance of a contract.

                                                              ii.      Transparency: Both parties shall provide clear and concise information to data subjects regarding the processing of their personal data. This includes informing data subjects about the purposes of processing, the lawful basis for processing, and their rights under data protection laws.

                                                            iii.      Data Minimisation: The parties shall only process personal data that is necessary for the purposes for which it is being processed. Unnecessary or excessive data shall not be collected or retained.

                                                            iv.      Security Measures: Appropriate technical and organisational measures shall be implemented to ensure the security of personal data against unauthorised or unlawful processing and accidental loss, destruction, or damage.

                                                              v.      Data Subject Rights: Both parties shall respect the rights of data subjects, including the right to access personal data, rectify inaccuracies, erase personal data, restrict processing, and object to processing.

                                                            vi.      International Data Transfers: If personal data is transferred to countries outside the European Economic Area (EEA), adequate safeguards shall be in place, such as using standard contractual clauses or ensuring that the receiving country is deemed to have adequate data protection laws.

                                                           vii.      Data Breach Notification: In the event of a personal data breach, both parties shall promptly notify each other and take appropriate actions to mitigate the impact of the breach.

                                                         viii.      Both parties shall cooperate and provide necessary assistance to each other to facilitate compliance with data protection obligations. This may include responding to data subject requests, conducting Data Protection Impact Assessments (DPIAs), and cooperating with regulatory inquiries.

b.       Failure to comply with data protection obligations may result in termination of this Agreement.

 

12.    General Terms and Conditions

a.       Superseding Previous Arrangements: This Agreement supersedes any prior arrangements or agreements, establishing itself as the primary understanding between the involved parties.

b.       Non-Enforceability for Non-Parties: The terms delineated in this Agreement are exclusively enforceable by the parties who are formal signatories. Individuals not party to this Agreement lack the legal authority to enforce its provisions.

c.        Dispute Resolution by NACFB Decision: Any disputes arising from the interpretation or execution of this Agreement shall be conclusively resolved through a decision made by the NACFB.

d.       Right to Modify Terms: The NACFB reserves the right to alter or modify the terms and conditions of this Agreement, with such changes communicated to the Member within 30 days’ notice.

e.       Non-Assignment Without NACFB Notice: The Member is prohibited from assigning any rights or obligations under this Agreement without prior notice to and approval from the NACFB.

f.         Application of Law and Jurisdiction: This Agreement is subject to and governed by the laws of England and Wales, and any legal matters arising shall be under the jurisdiction of English courts.

g.        By registering for Businessfinance.co.uk, the Member acknowledges, understands, and agrees to the terms of this Agreement.