Beacon Finance Ltd - Terms of Business
Beacon Finance Limited (“Beacon”) is a finance broker only, not a lender or provider of finance.
2. Terms of Business
These terms of business apply in addition to the Terms Of Website Use, which can be found at https://www.beaconfinance.co.uk/website-terms-conditions. There is no need for you to sign or countersign to indicate your acceptance to these Terms. However, you are deemed to agree to them, and to be bound by them, if you engage Beacon to act as a finance broker for your business. Therefore, you may want to print off a copy and keep it with your records.
3. What we do
3.1 We are a finance broker only and not a lender. We will work closely with you, as your solely appointed finance broker, to enable you to chose for yourself the most appropriate funding solution we have been able to obtain by:-
i. undertaking an assessment of your specific funding and business requirements;
ii. searching the market to compile a shortlist of lenders whom we consider will meet your needs;
iii. continually assisting you in your process once the lender has been chosen; and
iv. being available to you at any time after your finance solution has been concluded
3.2 We are unbiased and will always aim to treat you fairly by conducting ourselves with due skill, care and integrity, endeavour to avoid any situation where our duty to you is compromised and deal with any complaints as reasonably as possible.
3.2 What we DON’T do
We do not lend money, provide finance, provide legal advice of any nature, provide advice on your financial health or wellbeing, or offer advice on tax.
4. How we get Paid
4.1 We do not look to you to pay for using our finance broking services. Instead, we will receive commission payments from any lender that we introduce to you and from whom you then borrow. We expect lenders to disclose to you that Beacon will be paid a fee for a successful introduction, and to make full details of commission actually paid on request. If they do not, we urge you to contact us.
4.2 We will/may also be paid where you return to a lender whom we have introduced in order to negotiate a further facility at some point in the future.
4.3 There may be limited occasions when you will be responsible to pay us depending on the nature of the services required. In these cases, the fees will be clearly agreed before any liability has fallen on you to pay fees to us.
5. Conflicts of Interest
5.1 In our considerable experience, it is extremely unlikely that our relationship with you is going to give rise to a conflict of interest. However, if a conflict arises, we will make you aware of the conflict of interest and we will obtain your consent before your instructions are carried out.
6.1 If you wish to register a complaint with respect to our services, please write to Liam Walker, Director, at The Union Building, 51-59 Rose Lane, Norwich, NR1 1BY,or firstname.lastname@example.org
6.2 If your turnover is less than £1,000,000, you may be entitled to refer any complaint against us to the Financial Ombudsman Service. You can find further details concerning the jurisdiction and scope of the Financial Ombudsman Service at www.financial-ombudsman.org.uk.
7. Limitation of our liability to you.
7.1 Our responsibility is to assist you to find a company willing to lend money to your business in accordance with the information you have supplied us. Any discussion that you have with a lender that is outside the scope or purpose of these Terms, and the consequences for you or your business of any such discussion and any transaction or investment that arises from such discussion, are not our responsibility for any purposes whatsoever.
7.2 We select and present any lender to you 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 accept responsibility to you accordingly. We will have no obligation to verify the credit rating of, or other information with respect to, any lender and we make no representation or warranty to you with respect to any lender or the services that they provide. We do not make any warranty that the services offered by a lender will meet your requirements or expectations. No advice or information, whether oral or written, obtained by you from us shall create any warranty. We do not accept responsibility to you for any loss you may sustain or any costs or expenses you 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.
7.3 Nothing in these Terms of Business excludes or limits our responsibility to you for fraud; death or personal injury as a result of our negligence.
8. Your Responsibilities
8.1 In order for us to fulfill our responsibilities to you, you are expected to read any documentation we give you and let us know if there is anything that is unclear or does not represent your requirements, and pose any other question that affect your use of our services. We will not be responsible to you if as a result of deficient information or lack of information from you, we make arrangements that are not wholly appropriate for your business.
8.2 If, in the course of our relationship with you, you or your business suffer material changes (specifically though not exclusively referring to material adverse financial changes), you must inform us accordingly, unless you are under a formal legal obligation not to do so.
8.3 Should we incur material cost or expense or sustain material loss as a result of your failure to comply with paragraphs 8.1 or 8.2, we are entitled to an indemnity from you to the extent of such cost, expense or loss.
8.4 provide us with eight weeks’ notice in writing should you wish to use the services of alternative brokers.
9. Data Protection and Confidentiality
9.1 We are registered under the Data Protection Act 1998 and abide by the requirements of the relevant regulations made there under.
9.2 All information we receive from you is held by us in strict confidence and is used exclusively in order to provide quotations and arrange finance with a lender. We will not supply your (principal director(s) or partner(s)) with that credit reference agency. Confidential information to any person other than a potential lender without your prior consent (unless we are required to do so by the law, by a court order or in compliance with the Rules of the FCA).
9.3 Before or after you enter into any agreement with a lender, to help make finance decisions, the lender will make a credit search with a credit reference agency. If you 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 your 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 you should read all of this carefully before signing.
9.4 All our customers’ records are treated as private and confidential. If you want copies of your records please send a request in writing to:
Liam Walker, Director, at The Union Building, 51-59 Rose Lane, Norwich, NR1 1BY,or email@example.com
10. Miscellaneous Matters
10.1 Either party may terminate the relationship under these Terms of Business on written notice to the other with immediate effect.
10.2 These Terms of Business are subject to English law and the English courts have exclusive jurisdiction relating to any matters arising from them.
10.3 You shall not assign, novate, sub-contract or otherwise dispose of any of its rights and/or obligations under these terms and conditions without Beacon Finance Limited’s previous written consent.