1. Parties to the agreement:
Plan Funding Solutions Limited (“the Provider") , a company incorporated in England and Wales (company registration number 05856873) whose registered office is at 167-169 Great Portland Street,5th Floor, London, W1W 5PF.
2. Service
During this engagement, the Provider shall provide the Service to the Client via a suitably experienced individual engaged by the Provider, to carry out the Service on behalf of the Provider with all due care, skill and ability. Plan Funding Solutions Limited is authorised and regulated by the Financial Conduct Authority (FCA Number 966874). Not all of our products are regulated by the Financial Conduct Authority – please ask for details. A number of options will be presented (if available) for you to choose the most appropriate product.
3. Exclusivity
When instructing the Provider to provide the Service you agree that the engagement will be on an exclusive basis and you will not instruct any other financial service providers to work on the same finance requirement. This period of exclusivity shall last for three months from the Commencement Date.
4. Fee Basis
The basis of the Provider’s charging arrangements for individual instructions are as confirmed within this
Engagement Letter by way of the Application Fee, the Fixed Fee and the cancellation fee.
5. Confirmation of Instructions
We will confirm the scope of your instructions on each occasion in writing using a Service Specification Sheet as specified within Appendix 1.
In order to provide you with our Service we may be required to carry out an online Anti-Money Laundering search on all parties to the application, including any Directors, Shareholders and Guarantors.
6. Payments Schedule and Terms
The non-refundable Application Fee is payable upon submission of an application to a lender, with the Fixed
Fee becoming due on completion of the loan, or on the first installment from the facility.
The Client must pay the Provider within 48 hours of completion of the loan or of first installment from the facility. This does not include the Application Fee which is payable on application to a lender.
The Provider serves the right to charge interest at 5% over the base rate of Barclay's Bank PLC on any amounts which are not paid within the above specified time frames.
7. Termination and Cancellation Fee
The Client may terminate this appointment at any time by giving written notice. Should the Client elect to terminate this appointment at any time after the Lender’s formal Offer has been issued, the Client will pay the Provider a Cancellation Fee, equating to 10% (ten percent) of the total Fixed Fee that would have been payable in the event of successful completion of the loan, or upon the first installment of the loan. The Cancellation Fee is payable within 30 days of cancellation of this agreement.
8. Complaints
If you wish to register a complaint, please contact us in writing to: Complaints Department, Plan Funding Solutions Limited, 167-169 Great Portland Street
5th Floor, London, W1W 5PF
or by phone on 020 3191 9111.
If you wish to obtain a copy of the firm’s Complaint Handling Procedure, please contact Plan Funding Solutions
Limited, with your request.
9. Our Ethics
The Provider shall:
- comply with all applicable laws, regulations, and sanctions relating to anti-bribery and anti-corruption including, but not limited to, the Bribery Act 2010:
- not engage in any activity, practice or conduct which would constitute an offence under sections 1,2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK:
- ensure that all persons who are performing services in connection with this agreement comply with this obligation.
10. Confidential Information
Information passed to the Provider is kept confidential and will not be disclosed to any third party, unless authorised by the Client to do so. We may disclose information to third parties in the ordinary course of providing our Service as required by law or as required by a regulatory authority.
11. Data Protection
The Provider is registered with the Information Commissioners Office and complies with the relevant Data Protection legislation. The information you provide is subject to the Privacy Notice of the Financial Service Provider. You may request confirmation of the information we hold about you, to which we will respond within 30 days. You consent to us or any company associated with us for processing your personal data in accordance with the Privacy Notice of the firm.
If you provide the Provider with Personal Data of a third party, you must only do so if you are authorised to release such Personal Data by the data subject.
If you wish to obtain a copy of the Firm’s Privacy Notice, please be in contact with Plan Funding Solutions Limited, in writing at Plan Funding Solutions Limited, 167-169 Great Portland Street
5th Floor, London, W1W 5PF
or by phone on 020 3191 9111.
We may undertake checks via credit reference and fraud prevention agencies to manage your account with us. Please note that these checks should not affect your credit rating. Product Providers may also undertake checks via credit reference and fraud prevention agencies to obtain information with regards to your credit profile. This may affect your credit rating.
We may communicate with you via various methods including email. Although all of our emails are all scanned for viruses, it is recommended that any attachment(s) be scanned by yourselves as we cannot be held liable for any loss or damage caused by software viruses. If you chose to communicate with us via email, please be aware that email communications without the use of encryption, may not be the safest method of communication. If you wish to guarantee the safety and confidentiality of any information you send to us via email, encryption methods should be used.
12. Insurance and Liability
The Provider shall have in place and maintain Professional Indemnity Insurance in respect of the provision of the
Service, to a maximum value of one million sterling on an ‘each and every’ claim basis.
13. Notices
Any notices served under this agreement must be provided in writing and must be sent by email to admin@planfunding.co.uk or postal delivery to Plan Funding Solutions Limited, trading address.
14. Governing Law and Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation.