- This document sets out how we will deal with you in the provision of services for Credit Broking.
- Samera Finance Ltd trading as and hereafter called `Samera Finance’ will seek to arrange an offer of finance (whether conditional or otherwise) on the instructions of and for you and all or any other connected borrower (‘Clients’) on the property (ies) and/or business (es) detailed on the application form or as otherwise discussed with Samera Finance or on any property(ies) or business(es) which the Clients subsequently wish to substitute.
- By signing these terms you do so duly authorised for and on behalf of the Clients and hereby instruct Samera Finance to act as aforesaid, agreeing and acknowledging that the Clients are jointly and severally bound by these Terms (which you have read and agreed for all the Clients); and liable to pay fees/commission due hereunder to Samera Finance.
- The Clients declare that their replies to the questions in the form and supporting information provided on behalf of the Clients are true and correct and the Clients undertake to advise Samera Finance forthwith if this ceases to be the case. The terms shall continue unless and until the expiry of 4 weeks written notice of termination, received by either party.
- The Clients acknowledge that no advice is given by Samera Finance as to the merit or otherwise of the property (ies) and/or business (es) being funded. The appropriate levels of borrowings and the costs thereof are the responsibility of the clients alone.
- NO upfront fee is payable for our services.
- Subject to clause 17 upon the provision of credit sanctioned loan terms (whether conditional or otherwise) made and issued by a lending source to whom the Clients have been introduced and/or Samera Finance has made an application for finance on the clients behalf, the Clients agree to pay Samera Finance a commission payment of 1% with a minimum fee of £500.00.
- Subject to Clause 17 for the purposes of the Terms the commission fee is payable regardless of whether or not the offer of finance is negotiated entirely or partly independently of Samera Finance and whether it is addressed to the Clients directly or directly to Samera Finance, and whether or not the finance is actually drawn down by the Clients.
- Subject to clause 17 the clients also agree to pay Samera Finance a fallback fee amounting to 50% of the agreed commission amount in the event Clients proceed with alternative finance following the provision of credit sanctioned loan terms (whether conditional or otherwise) and detailed above.
- The Clients understand that Samera Finance may seek and receive remuneration from other parties, including lending institutions, involved in providing the offer of finance and the Clients further consent to such payment being retained by Samera Finance. Further information about the additional remuneration, which Samera Finance may seek in relation to the transaction, which the client is involved in is available on request.
- When we provide services to you we will need to gather information about your personal circumstances. The information you provide to us will be subject to the Data Protection Act 1998 (the “Act”). By signing this document you consent to us or any company associated with us processing, both manually and by electronic means, your personal data for the purposes of providing advice, administration and management.
- The Clients hereby authorise Samera Finance to make full disclosure to the lender, and any prospective lender to whom Samera Finance pass this application, of all information held concerning this or other applications made by or on behalf of the Clients and for any lender or prospective lender to release any information, including any offer of finance, in relation to this application to finance.
- “Processing” includes obtaining, recording or holding information or data, transferring it to other companies associated with us, lenders or statutory, governmental or regulatory bodies for legitimate purposes including, where relevant, to solicitors and/or other debt collection agencies for debt collection purposes and carrying out operations on the information or data.
- We may also contact you or pass your details to other companies associated with us to contact you (including by telephone) with details of any other similar products, promotions, or for related marketing purposes in which we think you may be interested.
- If at any time you wish us or any company associated with us to cease processing your personal data or sensitive personal data, or contacting you for marketing purposes, please contact Samera Finance, 136 High Street, Esher, Surrey, KT10 9QJ, 020 7 100 8788.
- You may be assured that we and any company associated with us will treat all personal data and sensitive personal data as confidential and will not process it other than for a legitimate purpose. Steps will be taken to ensure that the information is accurate, kept up to date and not kept for longer than is necessary. Measures will also be taken to safeguard against unauthorised or unlawful processing and accidental loss or destruction or damage to the data.
- Subject to certain exceptions, you are entitled to have access to your personal and sensitive personal data held by us. You may be charged a fee (subject to the statutory maximum) for supplying you with such data.
- Nothing in these Terms shall exclude or in any way reduce any statutory rights which Clients who are Individuals may have in relation to refund of fees or commission. For the purposes of these Terms an ‘Individual’ shall mean (a) a natural person; or (b) a partnership consisting of two or three persons not all of whom are bodies corporate; or (c) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership.
- Any dispute arising out of or in connection with this agreement shall be governed and construed according to English law and be subject to the jurisdiction of the English courts.
- Our aim is to provide you with a professional and confidential service that delivers the highest possible standards. However, there may be occasions where you feel this has not been achieved and should you wish to make a complaint about any aspect of the service we provide to you, you can do this by writing to Arun Mehra, Samera Finance Ltd, 136 High Street, Esher, Surrey, KT10 9QJ or by telephoning us on 020 7 100 8788 where we will try to resolve your concern at the earliest time possible.
- We are authorised and regulated by the Financial Conduct Authority.
We intend to rely on this document for the services we provide to you and request that you provide your agreement to the Charges and Data Protection sections above. For your own benefit and protection, you should read these terms carefully before signing them. If you do not understand any point please ask for further information.