These terms of business describe and govern the relationship between RJCJ Financial Limited (Company registration number 10784725) trading as Jones & Co Finance (Jones & Co Finance) whose registered office is at Bennett Corner House, 33 Coleshill Street, Sutton Coldfield, England, B72 1SD and the company or other business entity named On the Data Protection Form (Customer).
LEGAL AND REGULATORY
Jones & Co Finance does not provide services to individuals for non-business purposes and is not regulated by the Financial Conduct Authority or by any other regulatory authority. Lenders (as defined below) are likely to be regulated in any business that they do with the Customer by the Financial Conduct Authority.
By signing a copy of these terms of business or by continuing to utilise the services of Jones & Co Finance having received a copy of these terms of business, the Customer confirms and represents to Jones & Co Finance that it has read and accepted these terms of business.
The Customer confirms and represents that it is contracting with Jones & Co Finance in a business capacity only, and that any loan contracted by the Customer through any introduction made by Jones and Co Finance will be used exclusively for its business purposes.
The Customer will provide the information requested by Jones & Co Finance (Customer Information) for entry on to the on-line portals/ sending of emails to persons who may be willing to lend monies or provide other financial facilities to the Customer (Lenders) in a timely manner.
The Customer represents and warrants to Jones & Co Finance that the Customer Information will be true, complete and accurate in all material regards.
The Customer authorises Jones & Co Finance to supply the Customer Information to such prospective Lenders as the Customer shall in its absolute discretion authorise.
The Customer acknowledges and agrees that Jones & Co Finance shall have no influence over any decision relating to the acceptance or rejection of any offer of a loan or financial facility and that the Customer is solely responsible for making its own decision as to whether or not to accept or reject any such offer.
JONES & CO’S SERVICES
Jones & Co will perform the following services on behalf of the Customer:
provide information relating to the Customer‘s business to prospective Lenders on behalf of the Customer by entering the Customer Information via prospective Lenders‘ on-line broker portals/ email packs; and
by providing the service set out in clause 3.a.i, seek to identify prospective Lenders and to introduce the Customer to those prospective Lenders;
Jones & Co’s services will not include any of the following:
contacting prospective Lenders with whom Jones & Co Finance does not have a business relationship and/or who do not pay introducer fees or commissions to Jones & Co Finance;
advising the Customer in relation to the information about the Customer’s business that is presented to prospective Lenders;
checking or otherwise taking any responsibility for the completeness, accuracy or any other aspect of the Customer Information; obtaining the best or any particular rate from any prospective Lender for the Customer;
advising the Customer whether or not to accept terms offered by any prospective Lender;
obtaining the best or any particular rate from any prospective Lender for the Customer;
making any recommendation in relation to any offer of a loan or any other financial facilities from any prospective Lender;
advising as to whether terms offered by any prospective Lender could be improved or whether there may be other prospective Lenders who may offer the Customer better terms;
providing information, advice or recommendation on an impartial or disinterested basis;
taking any role in the decision making process in relation to any loan or other financial facility;
advising the Customer as to any aspect of its business affairs;
doing anything other than providing the services set out in clause 3.a.
Jones & Co Finance agrees that the Customer is not obligated to use Jones & Co Finance’s services, or to enter into any agreement with any prospective Lender (as defined below) introduced by Jones & Co Finance. The Customer is free to appoint any other person to seek prospective Lenders on the Customer’s behalf in addition to or in substitution for Jones & Co Finance at any time.
The Customer agrees that Jones & Co Finance is not the Customer’s agent, that Jones & Co Finance has no authority to enter into any agreement or to make any representation on behalf of the Customer and that Jones & Co Finance owes no duty to the Customer beyond fulfilling the obligations expressly set out in these terms of business.
If you wish to register a complaint, please write to us on RJCJ Financial Ltd, Bennett Corner House, 33 Coleshill Street, Sutton Coldfield, B72 1SD. By telephone on: 01473 553430 By e-mail on: firstname.lastname@example.org A summary of our internal complaints handling procedures for the reasonable and prompt handling of complaints is available on the website or by request and if you cannot settle your complaint with us, you may be entitled to refer it to The National Association of Commercial Finance Brokers (NACFB) at www.NACFB.org/contact/ or by contacting them on 0207 101 0359, or by sending them an email on email@example.com. If you have a complaint about your personal data held on our systems, you may be entitled to refer this to the Information Commissioners Office – https://ico.org.uk/global/contact-us/ –
The Lender may pay Jones & Co Finance introductory commission in respect of the funding that is provided to you. Different funders pay different levels of commission depending on the product and loan amount. If you wish to receive further information about any such commission (including the amount) please let us know by contacting: firstname.lastname@example.org.
In addition to the fee referred to in clause 5a., Jones & Co may also receive a charge a broker fee to Customers if the facility is complicated to raise. The fee received is typically in the region of 1% of the amount lent or other financial facility provided by the Lender to the Customer, however this could vary.
The Customer agrees that Jones & Co is entitled to retain any fees or commissions that it is paid by any Lender, as described in clause 5a.
The fee set out in clauses 5b. are payable as per the invoice and are exclusive of Value Added Tax if applicable.
The fee set out in clause 5a. (if any) is payable directly by the Lender to Jones & Co and the Customer shall not be liable for any failure of the Lender to pay such fee.
DATA PROTECTION ACT
The Client agrees that any information provided which may be held and processed by Jones & Co Finance may be shared with the lenders and third parties to protect us against fraud and in accordance with all statutory or legal obligation we might have. We may use and disclose details of this application and any resulting offer of funding to the client to any lender, any intended guarantor, any investor and their legal advisers. In accordance with The Data Protection Act 2018 the client is advised that information provided and retained in our computer and paper records are retained for a period of six years after the date of this Agreement. Jones & Co Finance is a data processor. In order to process the application for funding the following information may need to be supplied: accounts and personal financial details, by you, the client, and by other sources such as your bank and credit reference agencies. We may also, when authorised by you in writing, apply for supplementary information from your professional or other advisers. We will record this information (whether in manually operated or automated systems) and retain it only as long as we are required by law to do so. We will keep it as securely as possible. We will use the information to assess the application, to approach a number of selected funders and, subsequently, in negotiations for the issue of an offer of funding with them. In order to do so, we will disclose as much of this information as is necessary to negotiate terms with a funding source, with employees of this business, any guarantor required by the funder, any person or organisation necessary to comply with any legal or regulatory requirements to which we may be subject, and anyone else whom you may specifically authorise in writing. In the event that we and our lenders search with credit reference agencies, we will need to disclose information about you. The credit reference agencies will record details of our searches. If you would like details of the credit reference agencies please write to us at the address stated. You have the right to apply to us for details of the information we hold about you.
Jones & Co Finance shall not be in breach of these terms of business or otherwise liable for any failure or delay in the performance of its obligations hereunder if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations (if specified) shall be extended accordingly. If the period of delay or non-performance continues for 8 weeks, the Customer may terminate this agreement by giving 28 days’ written notice to Jones & Co Finance.
Jones & Co Finance shall not provide any of the Customer Information to any person other than prospective Lenders.
The Customer agrees that it does not rely upon any statement, warranty, representation or assurance made by or on behalf of Jones & Co Finance save as set out in these terms of business or in writing from Jones & Co Finance and signed by a person duly authorised on its behalf, to the Customer.
No variation of these terms of business shall be effective unless in writing and signed by Jones & Co Finance and the Customer or their respective authorised representatives.
THIRD PARTY RIGHTS
These terms of business do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement between the Customer and Jones & Co Finance.
GOVERNING LAW AND JURISDICTION