These terms and conditions (the “Terms of Business”), along with our Privacy Policy, govern the use of our websites and the services provided by Astmoor Finance Ltd to any business and/or individual.
Definitions
| Application | means a proposal with the intention of sourcing a product or service for you. Applications, Apply, and Applying shall be interpreted accordingly |
| Broker Agreement | means a contract issued to and signed by the entity or entities for whom we are sourcing a Credit-Backed Offer |
| Broker Fee | means an arrangement fee paid to Astmoor Finance for facilitating and arranging a facility with a Provider |
| Completion | means the successful provision of a product or service from a Provider to you |
| Credit-Backed Offer | means the outline terms of a credit-sanctioned agreement from a Provider or syndicate of multiple Providers for a product or service which, subject to conditions being satisfied, will lead to Completion on the terms outlined |
| Credit Reference Agency (CRA) | means a person which provides credit references on businesses and individuals. Credit Reference Agencies shall be interpreted accordingly |
| Credit Search | means a search carried out with a Credit Reference Agency. Credit Searches shall be interpreted accordingly |
| Provider | means any entity to which we may make an Application including (but not limited to) banks, peer-to-peer lenders, private investors, alternative finance providers, insurers and other intermediaries. Providers shall be interpreted accordingly |
Authorisation statement
The Financial Conduct Authority (FCA) regulates financial services in the UK.
Astmoor Finance is a trading style of Astmoor Finance Limited (company registration number: 12297014). Astmoor Finance is directly authorised by the FCA (FCA registration number 941193). You can check our authorisation and permitted activities on the Financial Services Register by visiting the FCA’s website or by contacting the FCA on 0800 111 6768.
We will be acting as a credit broker on your behalf. We are not a lender. Currently we deal with an unrestricted panel of lenders.
We provide a non-advised service which means you will not receive financial advice, nor a formal recommendation from us. You will need to make your own choice about how to proceed with any of the solutions sourced and presented.
As a credit broker, we carry on an activity, by way of business, of the kind specified in article 36A of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544). This enables us to introduce customers to a finance or credit provider and to introduce business to other credit brokers who then introduce customers to a finance or credit provider.
Not all transactions require an intermediary to hold these regulatory permissions, however we feel it is important to hold ourselves to the highest standards so you have full confidence in us in all dealings.
Limitations of our services
Astmoor Finance cannot guarantee that we will be successful in sourcing a solution for your requirements, nor are we obliged to assist or provide our services to you.
We source solutions based on the information provided to us by you and third-parties. Where your specific needs have not been detailed fully and/or accurately, it is your responsibility to ensure that any solutions we present are appropriate for your requirements.
There may be Providers who could provide you a solution that we do not have a relationship with or access to. This means that there may be some solutions in the market better suited to your requirement than those we can source.
Some of the information we source may be derived from third-parties whom we have no control over and information may contain inaccuracies or errors.
Information on our websites may change without notice and information provided as part of our services may not be timely or correct, meaning it is for your general information and use only.
You use our websites and systems at your own risk and you should use software to detect and disinfect viruses or malware in any information you use and download.
The availability of third-party websites, links, services or information via our documentation, emails, or websites does not constitute any recommendation, advice, endorsement or publication by us and we are not responsible for any such websites, links, services or information provided by any third-party.
We reserve the right to change any aspect of our services and websites at any time without notice or to suspend access to our services or websites, or end them.
To the extent permitted by applicable law, each party shall only be liable to the other party for any loss or damage which results as a directly foreseeable consequence of its breach of these Terms of Business or negligence (except in the case of fraud or wilful misconduct).
Nothing in these Terms of Business shall seek to exclude or limit liability for death or personal injury or any other liability that cannot be lawfully excluded or limited.
Our intellectual property
Unless otherwise stated in writing, we do not grant you, nor any of your related businesses, any intellectual property rights in relation to our documentation, services, websites, or processes, including but not limited to our copyright, trademarks, domain names, designs, patents and databases.
We do not grant you, nor any of your related businesses, any rights to use or reference any content or material on our websites and services include graphics, copy, source code, algorithms, databases, proprietary technology, and configurations, expect where explicitly stated in writing. Any usage except a direct link to our website home pages requires prior written consent.
You will not acquire any rights (whether proprietary or otherwise) to any information provided via our systems or websites.
You are not permitted to use our systems and websites to collect information on other non-related parties for any reason, whether by saving information made available to you unintentionally, or using our systems and websites intentionally in any way to access data you should not reasonably expect to have access to.
You may not use any scripts or automation to collect information or interact with our systems or websites except where you are given prior written permission.
You are prohibited from impersonating any person or entity or creating false identities in order to use or access our systems and websites. You are not permitted to register the information for any person or entity for whom you do not have authorisation and consent to do so.
You are not permitted to copy, reuse, or distribute any material on or obtained via our systems and websites.
Broker fee
In consideration of the services carried out by us in relation to this appointment, you may be asked to pay to us a Broker Fee. Any Broker Fee will be in addition to any fees charged by a Provider to you as part of the provision of a product or service.
If a Broker Fee is applicable, it shall be set out within our Broker Agreement and shall be payable upon acceptance of a formal offer from a Provider. Any variation or reduction to your requirement/requirements following the signing of a Broker Agreement shall not reduce the Broker Fee set out in a signed Broker Agreement, however any increase in your requirement/requirements may lead to the Broker Fee increasing and a new Broker Agreement being issued.
We shall accept payment of fees as they fall due by debit card or direct bank transfer.
Commission
In addition to any Broker Fee payable by you, a Provider may pay us commission on a transaction. Any such commission will typically take the form of a fixed fee or a percentage of the facility amount you draw down, however commission structures vary between Providers.
The commission structure adopted may impact the amount that you pay in respect of any product or service including (but not limited to) interest rates and fees. It may be that we know, in advance of making an Application, what commission structure a Provider shall apply. In some circumstances, there will be scope for us to set the amount of commission we receive, which may impact the amount that you pay in respect of any product or service including (but not limited to) interest rates and fees.
Where Astmoor Finance is charging you a Broker Fee, any commissions due to be earned will be detailed explicitly in the Broker Agreement.
Where a product or service is defined as a Regulated Product with meaning given to it in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544), the existence and nature of commission arrangements where the commission varies depending on the Provider, product, or other permissible factors will always be disclosed. This disclosure will also cover how the arrangements could impact the products we propose to you. Such disclosures will be made in a formal document (the “Suitability Document“) issued to you along with our Broker Agreement where applicable and this Suitability Document will detail the calculation of commission or commission amount.
You will indemnify Astmoor Finance Ltd in respect of any commission we are required to repay to a Provider as a result of you or your business being in breach of the terms of the agreement with that Provider following a Completion.
Complaints
If you wish to register a complaint you can do so by emailing complaints@astmoorfinance.co.uk and providing the relevant details. Please include as much information as possible and tell us what you want to happen. A copy of our complaints procedure will be outlined to you in our response. If we cannot resolve your complaint, you may be entitled to refer it to the Financial Ombudsman Service via their website: https://www.financial-ombudsman.org.uk or by calling 0800 023 4567.
Your transaction may be covered by the Financial Services Compensation Scheme (the “FSCS“). The FSCS is the UK’s statutory deposit insurance and investors compensation scheme for customers of authorised financial services firms. The FSCS exists to protect customers of financial services firms that have failed. If the company you have been dealing with has failed and is unable to pay claims against it, the FSCS may be used to pay compensation. You can find out more about the FSCS at https://www.fscs.org.uk/.
General terms
We reserve the right to vary these terms and conditions at any time, including assigning these terms.
We may send any notices to you by email to the email addresses you initially provided to us, or any others since provided to us. You agree that we may send you notices via email or via alerts within our systems and websites.
If any provision of these Terms of Business is found to be invalid or unenforceable, the remaining provisions shall remain enforceable. Failure to exercise or enforce rights or provisions shall not constitute a waiver.
Nothing in these Terms of Business shall seek to exclude or limit liability for death or personal injury or any other liability that cannot be lawfully excluded or limited.
Your use of our services, systems and websites is subject to English law, and we both agree to submit to the jurisdiction of the English courts to settle any dispute that might arise.
Your usage, acknowledgement and consent
By agreeing to our Terms of Business and/or continuing to engage with Astmoor Finance Ltd following the provision of the Terms of Business, you provide consent for Astmoor Finance and associated related/group companies to share your details with Providers and relevant third-parties who will process your information, in turn allowing Astmoor Finance to offer suitable products and services that Providers may provide.
As part of sharing this information, you understand that Astmoor Finance and associated related/group companies, in addition to Providers and relevant third-parties receiving this information, may conduct identify verification checks and Credit Searches on you and individuals associated with you, along with any partner, director, or beneficial stakeholder connected to the applicant entity and its wider group and relevant requirements.
You have the right to withdraw consent and object an any time to the processing of your personal data and this means that we cannot process your data without your consent. Please be aware that if you withdraw consent, we may not be able to proceed any further with any relevant Applications, and depending on the stage reached in our proposals, we may not be able to remove all of your data due to our responsibilities laid out by legal and regulatory bodies, including the Financial Conduct Authority.
You agree to act with the utmost good faith in the provision of information to Astmoor Finance and you warrant that all information and documentation provided throughout the course of this engagement is full and correct to the best of your knowledge. You agree not to withhold any material information that could influence the decision for Astmoor Finance to proceed with this engagement, nor withhold any information or documentation that may influence the willingness of a Provider to provide a product or service. You agree to notify us promptly of any changes in the information you have provided to us.
You agree to keep any login credentials including usernames, passwords, security codes and memorable answers secure. When your credentials are used to access our systems and websites, we will assume this is you. Any instructions or information provided through our systems being accessed by your credentials will be presumed to have been provided by you and you are responsible for any activity on our systems and websites arising from any failure to keep your login credentials secure. We may refuse or disable your access at our sole discretion without notice or explanation, where it is lawful to do so.
You confirm that the information you provide for any person or entity is done with that person’s or entity’s prior authorisation.
You agree to take all reasonable steps and use all reasonable endeavours to comply with and satisfy any condition imposed by a Provider.
You are in agreement to pay any Broker Fee where applicable as stated in a Broker Agreement.
You understand that Astmoor Finance may receive commission from Providers without prejudice to any Broker Fee you pay for our services and you have no objections to Astmoor Finance receiving such remuneration.
You are aware that Astmoor Finance may not receive commission or commission may be repaid if you do not honour the terms of your obligations under an agreement with a Provider, if a condition set out in a formal offer cannot be satisfied, if a Provider withdraws an Agreement in Principle or seeks to make a material variation to the terms of a formal offer such that you are no longer able to proceed to Completion, or in any case Completion does not occur and the product or service or any part of it is not advanced or provided by a Provider. You agree to indemnify Astmoor Finance Ltd in respect of any commission that needs to be repaid.
You are aware that Astmoor Finance is required to disclose the nature of commission upon request.
You understand that if your details have been provided to us by an affiliate or introducer then we may pay them a fee/commission.
You are aware that where the product or service is defined as a Regulated Product with meaning given to it in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544), the existence and nature of commission arrangements where the commission varies depending on the Provider, product, or other permissible factors will always be disclosed. This disclosure will also cover how the arrangements could impact the products we propose to you. Such disclosures will be made in a Suitability Document issued to you along with our Broker Agreement where applicable and this Suitability Document will detail the calculation of commission or commission amount.
Before agreeing to our terms and/or continuing to engage with Astmoor Finance, you confirm that you have read this notice in full and have received any independent advice as you consider necessary.
