1. Terms of business
1. The client has provided or will provide upon request to JD Capital Finance Limited (“JDCF”) all such details of the application as JDCF may in its opinion reasonably require and will co-operate generally with JDCF to facilitate the processing of an application for commercial funding.
2. JDCF and its providers will co-operate and liaise with the client’s legal and accountancy and other advisors in such manner as may reasonably be required in order to facilitate a successful outcome for the client.
3. JDCF have been engaged in this matter to:
i) Source potential funding solutions;
ii) Complete an application for commercial funding from information given by you;
iii) Package information and documentation in an appropriate format to present to potential funders.
4. In carrying out our engagement JDCF will make enquiries of management and undertake any procedures that they judge appropriate. The referred funder will also undertake Credit Reference Searches. JDCF will look to find a lender that will offer a suitable product to meet your requirements. JDCF will not be responsible for any detrimental information that may come to light whilst the lender undertakes their due diligence that results in the application being declined.
2. Conflicts of interest and confidentiality
1.JDCF confirm that where you give confidential information they shall at times keep it confidential, except as required by law or as provided for in regulatory, ethical or other professional pronouncements applicable to the engagement.
2. The client agrees that it will be sufficient compliance with our duty of confidence for JDCF to take such steps as we in good faith think fit to preserve confidential information both during and after the termination of this engagement. https://www.jdcapitalfinance.co.uk/privacy-policy
3. Limitation of liability
1. I/We understand that facility terms and interest rates are subject to change from time to time and the Company accepts no liability and shall not be liable for any of My/Our acts or omissions which result in the non-completion, withdrawal or cancellation of the Application;
2. I/We acknowledge and agree that the Company is not acting as an agent of the Lender, and any and all lending decisions will be solely at the discretion of the Lender for which the Company cannot accept any liability;
3. I/We hereby confirm that there is no relationship of principal and agent between Me/Us and the Company and I/We fully understand and acknowledge that the Company has not held itself out and is not holding itself out as My/Our agent;
4. I/We hereby acknowledge and agree that the Company does not warrant, expressly or impliedly, the accuracy or veracity of the information provided by Me/Us in the Application and that the Company shall not be liable for inaccurate or false information provided by Me/Us in the Application or otherwise;
5. I/We hereby unconditionally and irrevocably agree to indemnify and keep indemnified the Company from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by the Company and arising from My/Our acts or omissions relating to or connected with the Application and/or Me/Us providing false, inaccurate, misleading or untrue information in the Application and/or to the Company and/or the Lender in connection with the Application;
6. JDCF will provide our professional services outlined in this document with reasonable care and skill. However, we will not be responsible for any losses arising from the supply by you or others of incorrect or incomplete information, or yours or others failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us.
4. Data protection
1. I/We hereby consent to the Company processing any personal data that I/We provide to the Company in the Application (both online and over the phone) or in connection with the Application, in accordance with the Company’s obligations under the General Data Protection Regulation and Data Protection Act 2018 (as may be amended from time to time) for the purposes of: processing and submitting the Application to the Lender; complying with applicable laws and regulations (including, but not limited to the prevention of money laundering and fraud and the administration of the Company and Company’s records and providing Me/Us with marketing information about the Company and its products and services;
2. I/We confirm that I/We have the consent of any third party whose information (whether personal or otherwise) I/We have or might disclose to the Company and/or the Relevant Parties to process such information (whether personal or otherwise) for the purposes of assessing the Application and Administering and enforcing any subsequent loan which may be granted to Me/Us by the Lender;
3. I/We consent and agree that each of the Company and the Lender shall be entitled to hold, use, process and share, in and by any medium, the information given by me/us in the Application or connected to the Application and any other information which either party may acquire during the lifetime of the loan made to me/us arising from or connected to the Application.
4. I/We consent to the Company sharing any information provided by Me/Us to the Company with such persons involved in the processing and submission of the Application, including service providers, mortgage intermediaries, banks, lenders, partners, agents, introducers, sales companies, the Lender, solicitors, banks, surveyors, mortgage brokers, estate agents and each of their respective agents (the “Relevant Parties”);
5.. I/We acknowledge and agree that before the Application is submitted and, if the Application is successful, before the Lender advances any monies to Me/Us, the Company and/or its agents will check My/Our details with fraud prevention agencies, the electoral register, Companies House or such other appropriate registry (if applicable) and obtain Credit Searches from credit ratings agencies for the purposes of verifying My/Our identity;
6. I/We hereby acknowledge that if I/We or such persons acting on My/Our behalf provide the Company with information that is found, at any stage, by the Company to be false, misleading, incorrect or inaccurate and, as a result, fraud is identified, details of the Company’s findings will be sent to fraud prevention agencies and/or law enforcement agencieswithout further notice to Me/Us;
5. Agreement of terms
1. I/We understand and agree that the Company does not and cannot guarantee that the Application will be successful and/or that the Lender will advance any sums to Me/Us further to or in connection with the Application;
2. I/We hereby unconditionally and irrevocably agree that the Company cannot and shall not be held liable in such circumstances where the Application is unsuccessful and/or a lender or the Lender fails to advance or loan any monies to Me/Us in relation to the Application or otherwise;
3. I/We understand that the Company shall use reasonable, but commercially prudent, endeavours to process and submit the Application;
4. I/We acknowledge that the Company will not knowingly become or be involved in compounding client problems or contract races as the result of vendor pressure;
5. I/We understand that the Company provides a fully non-advised service and that I/We have not and will not be provided with advice by the Company.
6. JDCF will not be liable in any way to the client should it be unable to provide finance on the terms or in the form or within the time required by the client and shall in no way be liable to the client in respect of failure by the client to comply strictly with any or all terms of any finance offered by a lender to the client.
7. I/We agree that JDCF reserve the right to charge a one-off admin fee for any work carried out. Please note: JDCF will also (on some occasions) receive a commission fee from the lender, if you wish to know the fee JDCF will receive from the lender please feel free to contact a member of the JDCF team. By complying with these terms you agree that JDCF will receive a fee from its panel of lenders.
8. We agree that the Application and these Terms of Business shall be governed by English Law and that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute arising from or connected to the Application and these Terms and Conditions;