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 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 respect of:

1. factoring and invoice discounting products; or

2. other financial products and services.

These services are provided subject to the terms set out below and in using this site 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 and where applicable, its directors, officers and/or shareholders.

Testing the market

At the time of writing there are over 50 lenders operating in the factoring and invoice discounting market.

CBF continually meets with 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 being those lenders which In CBF’s view (and at CBF’s absolute discretion) are best suited to provide CBF’s Clients with factoring and invoice discounting services.

In providing any information, advice or 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 such as level of advance, level of service, flexibility and speed of response 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 including statistics on performance published in the trade press, feedback from clients and discussions with lenders, 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 CBF’s ratings and comments may not therefore reflect a Client’s experience of any particular lender’s performance. Clients should 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 Clients no warranties in respect of the information or advice provided in its ratings and profiles.

CBF makes no guarantee of the procurement of a Debtor Funding Facility or a Finance Facility, is not involved in the transaction between any such Lender and the Client and makes no warranties as to the services provided by Lenders.

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.

Arrangement of introductions to Lenders

Where following use of this Site the Client requests CBF to effect an introduction to a Lender in respect of factoring and invoice discounting products (a ‘Debtor Funding Facility’), CBF will make no charge to the Client as the Lender will pay fees and/or commissions to CBF for introductions made, and CBF will be under no duty to account to the client for any such sums.

In connection with the above and for transparancy, we would advise Clients that most Lenders providing Debtor Funding Facilities pay commission to introducers and brokers such as CBF of approximately 15% to 20% of the service charges levied by the Lender.

Where following use of this site the Client requests CBF and/or any of its agents, to attempt to arrange any other secured finance or sale and leaseback facility (a ‘Finance Facility’) which shall mean funds (other than factoring or invoice discounting) by way of debt, sales proceeds, guarantee or equity investment, from any person, firm, bank or lending corporation (‘Lender’) who has been approached by CBF on behalf of the Client (whether offered, if applicable, to the company or to its directors and/or shareholders personally), this work will be carried out under CBF’s standard terms of business, a copy of which will be supplied on request and will be subject to the charges set out therein.

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 us at 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 at 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

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