Terms & Conditions of Business

PROTECTING YOUR PRIVACY

In the interests of confidentiality, all NACFB Compliance staff work under confidentiality and non-disclosure agreements

If you would like a specific confidentiality and non-disclosure agreement for your organisation, please request this by email – compliance@nacfb.org.uk.

NACFB Compliance – TERMS AND CONDITIONS OF BUSINESS

Agreeing to these terms & conditions creates a contract between your organisation and NACFB Compliance, done so by ticking the box ‘I/We agree to the Terms & Conditions of Business’.

These are our Terms and Conditions of Business and we ask you to take the time to read them. Any reference to ‘we’, ‘us’, ‘our’ or ‘Company’ means NACFB Compliance. Any reference to ‘you’ or ‘your’, or any similar expression means the individual, company, or organisation with whom we will be working with. Any reference to ‘Subscriber’ or ‘Subscribers’, means your named status once you have entered into this contractual agreement, whether Member of the Association or Non-Member.

Members of the National Association of Commercial Finance Brokers

1. YOUR SUBSCRIPTION:

  1. You will be required to complete the registration form which is the contractual agreement to subscribe to NACFB Compliance, which can be completed on www.nacfbcompliance.co.uk/subscribe. If your registration is accepted, then you will receive a written confirmation by email that you have become a Subscriber of NACFB Compliance. Registration is assigned to you and you are not allowed to re-assign the rights and obligations elsewhere without prior written consent.
  2. Members of the National Association of Commercial Finance Brokers are entitled to receive free access to NACFB Compliance and the support functions we offer, unless otherwise stated as a paid for service.
  3. Failure to pay your Membership to NACFB: If you fail to pay any Membership fee on the due date we may, without prejudice, suspend your registration until payment has been made.

2. CANCELLATION/TERMINATION:

  1. You may cancel your subscription by emailing us at compliance@nacfb.org.uk.
  2. We may terminate your subscription to NACFB Compliance immediately by giving you written notice if you breach the conditions of these terms & conditions.
  3. Upon termination of your Subscriber status all rights and licences granted to you under these terms & conditions automatically cease and you may not use any of NACFB Compliance’s intellectual property.

3. COPYRIGHT AND TRADEMARKS:

  1. You acknowledge that all intellectual property rights pertaining to NACFB Compliance that are utilised by your organisation, as a Subscriber, are owned by or licensed by NACFB Compliance, including but not limited to:
  • We hereby grant you a non-exclusive and non-transferrable licence to use such copyrighted material solely for the purposes of your Subscriber status with NACFB Compliance in accordance with these conditions.
  • You undertake to follow the instructions given in the permitted use of the copyrighted material and any of our other intellectual property rights.
  • We reserve the right to terminate immediately your right to use any of the copyrighted material by giving you written notice if, in our opinion, your continued use could be prejudicial to the reputation of the Company and/or its other Subscribers.

4. NACFB COMPLIANCE – FACILITY AND SERVICES:

  1. NACFB Compliance will provide Subscribers with template documents to integrate into their business culture. Where we provide recommendations or suggestions, we do not take responsibility for their implementation and embedding. Any recommendations made will be generic and Subscribers should ensure that what is implemented is appropriate to their overall business and where necessary should seek legal advice.
  1. We are a supplier of support services and products and do not assume any responsibility for the Subscriber’s regulatory compliance.

5. OUR LIABILITY:

  1. To the fullest extent permitted by law, we the Company and any third parties connected to us shall not be liable to you, the Subscriber for any costs, expenses, loss, or damage (whether direct, indirect, or consequential, and whether economic or other) arising from your exercise of any Subscriber or other rights granted to you under these Conditions. We hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law, or equity. Nothing in these conditions shall have the effect of excluding or limiting any liability for death or personal injury caused by negligence or for fraud. Our aggregate liability to you in respect of claims arising out of, or in connection with, these Conditions or any collateral contract, whether in contract or tort (including negligence) or otherwise shall in no circumstances exceed 200% of the total Subscriber fee payable by you in the year in which the claim arises.

6. INDEMNITY:

  1. As a Subscriber, you will indemnify NACFB Compliance against all liabilities, costs, expenses, damages, and losses.
  1. This includes any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest penalties and legal and other reasonable professional costs and expenses suffered or incurred by us, that arise out of or in connection with any breach of these Conditions by you including (but not limited to); any breach of any provisions relating to the licensing of the Company’s intellectual property to the Subscriber or out of our use, review and standards of any compliance related materials.

7. CONFIDENTIALITY:

  1. Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients, or suppliers of the other party.
  2. Each party may disclose the other party’s confidential information:
  • To its employees, officers, representatives, or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement. Each party shall ensure that its employees, officers, representatives, or advisers to whom it discloses the other party’s confidential information comply with this clause.
  • As may be required by law, court order or any other governmental or regulatory authority, no party shall use any other party’s confidential information for any purpose other than to perform its obligations under these conditions.

Non- Members of the National Association of Commercial Finance Brokers

1. YOUR SUBSCRIPTION:

  1. You will be required to complete the registration form which is the contractual agreement to subscribe to NACFB Compliance, which can be completed on www.nacfbcompliance.co.uk/subscribe. If your registration is accepted, then you will receive a written confirmation by email that you have become a Subscriber of NACFB Compliance. Registration is assigned to you and you are not allowed to re-assign the rights and obligations elsewhere without prior written consent.
  1. For those outside of the NACFB or those who are not yet Members, there is an annual subscription fee. Payment details are due upon registration, and will need to be accepted before you become a Subscriber. The fee is charged at an annual rate of £1080 + VAT for non-Members of the National Association of Commercial Finance Brokers (NACFB), and can also be paid monthly, divided equally over 12 months.
  1. Different subscription packages: Over time NACFB Compliance may offer varying levels of subscription services. The Subscriber will be kept informed by NACFB Compliance in this event. And this will not affect the Subscriber’s current subscription with us.
  1. If we add new products and services we may offer you a trial period at the start of your subscription, or a longer assessment term as a special offer subscription rate. The length and cost of any trial or offer will vary from time to time, but full details will always be made available at the time of your registration. Please note that we only offer one introductory rate, or discounted subscription in any 12-month period.
  1. Paying for your subscription: Full details of your subscription fee will be provided to you during the registration process, and payment is due upon registration. The cost for 1 year’s subscription to NACFB Compliance is defined in section 1.b. By agreeing to this document, a Subscriber agrees to pay the fee in full, whether in one payment, or divided equally over a 12-month period.
  1. Payment can be made via
  • Annual Direct Debit
  • Monthly Direct Debit (divided equally over 12 months)
  • Annual Credit Card
  • Annual Bank/BACS transfer
  1. Failure to pay your subscription to NACFB Compliance: If you fail to pay any subscription fee on the due date we may, without prejudice, suspend your registration until payment has been made in full, or we may charge interest (statutory interest + Bank of England base rate) on the outstanding sum which will accrue on a daily basis until the actual date of payment. You will be liable for the value of a full year’s subscription or the rest of the 12-month period.
  1. Consistent failure to pay your subscription will inevitably result in NACFB Compliance pursuing payment through any means available at the time.
  1. For non-Members of the NACFB: Your NACFB Compliance subscription forms a one-year binding contract, whereby the subscription will automatically renew after one year through a direct invoice. The subscription amount will remain at the same as the previous year unless NACFB Compliance have advised of any changes or upgrades to subscription.

2. CANCELLATION/TERMINATION:

  1. You may cancel your subscription by emailing us at compliance@nacfb.org.uk. We require a two-month notice period for cancellations, and cancellations will only be granted to organisations who have settled their annual subscription fee in full, and the final amount will be prorated against the subscription start date. Please be aware that because your subscription can be used immediately, you do not have the statutory cooling off period during which you may cancel your subscription without charge.
  1. We may terminate your subscription to NACFB Compliance immediately by giving you written notice if you breach the conditions of these terms & Conditions.
  1. Upon termination of your Subscriber status all rights and licences granted to you under these terms & conditions automatically cease and you may not use any of NACFB Compliance’s intellectual property.

3. COPYRIGHT AND TRADEMARKS:

  1. You acknowledge that all intellectual property rights pertaining to NACFB Compliance that are utilised by your organisation, as a Subscriber, are owned by or licensed by NACFB Compliance, including but not limited to:
  • We hereby grant you a non-exclusive and non-transferrable licence to use such copyrighted material solely for the purposes of your Subscriber status with NACFB Compliance in accordance with these conditions.
  • You undertake to follow the instructions given in the permitted use of the copyrighted material and any of our other intellectual property rights.
  • We reserve the right to terminate immediately your right to use any of the copyrighted material by giving you written notice if, in our opinion, your continued use could be prejudicial to the reputation of the Company and/or its other Subscribers.

4. NACFB COMPLIANCE – FACILITY AND SERVICES:

  1. NACFB Compliance will provide Subscribers with template documents to integrate into their business culture. Where we provide recommendations or suggestions, we do not take responsibility for their implementation and embedding. Any recommendations made will be generic and Subscribers should ensure that what is implemented is appropriate to their overall business and where necessary should seek legal advice.
  1. We are a supplier of support services and products and do not assume any responsibility for the Subscriber’s regulatory compliance.

5. OUR LIABILITY:

  1. To the fullest extent permitted by law, we the Company and any third parties connected to us shall not be liable to you, the Subscriber for any costs, expenses, loss, or damage (whether direct, indirect, or consequential, and whether economic or other) arising from your exercise of any Subscriber or other rights granted to you under these Conditions. We hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law, or equity. Nothing in these conditions shall have the effect of excluding or limiting any liability for death or personal injury caused by negligence or for fraud. Our aggregate liability to you in respect of claims arising out of, or in connection with, these Conditions or any collateral contract, whether in contract or tort (including negligence) or otherwise shall in no circumstances exceed 200% of the total Subscriber fee payable by you in the year in which the claim arises.

6 INDEMNITY:

  1. As a Subscriber, you will indemnify NACFB Compliance against all liabilities, costs, expenses, damages, and losses.
  1. This includes any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest penalties and legal and other reasonable professional costs and expenses suffered or incurred by us, that arise out of or in connection with any breach of these Conditions by you including (but not limited to); any breach of any provisions relating to the licensing of the Company’s intellectual property to the Subscriber or out of our use, review and standards of any compliance related materials.

7 CONFIDENTIALITY:

  1. Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients, or suppliers of the other party.
  2. Each party may disclose the other party’s confidential information:
  • To its employees, officers, representatives, or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement. Each party shall ensure that its employees, officers, representatives, or advisers to whom it discloses the other party’s confidential information comply with this clause.
  • As may be required by law, court order or any other governmental or regulatory authority, no party shall use any other party’s confidential information for any purpose other than to perform its obligations under these conditions.

Both Members and Non-Members

OTHER IMPORTANT THINGS YOU NEED TO KNOW:

  1. Any compliance related materials that we the Company provide, are intended for the sole use of the Subscriber. You must not distribute these items to any third party without the prior written consent of NACFB Compliance. This applies to a Subscriber in the event of cancellation/termination of subscription. Any breach of this will be treated seriously and may result in legal proceedings.
  1. You must keep your subscription details confidential to help us maintain the security of NACFB Compliance and its website.
  1. Your formal compliance related material and documents will be issued in the name that you have registered as the Subscriber name. Any additional changes or edits may incur an administration charge.
  1. What happens if you don’t comply with these terms? We will treat any non-compliance as a serious issue, and if we think you have breached any of these terms, we may take any action that we consider appropriate. This may include the temporary or permanent suspension of the use of any of our Compliance related material and may include legal proceedings.

GENERAL:

  1. These conditions and the documents referred to in them constitute the whole agreement between the Company and the Subscriber and supersede all previous agreements between them.
  1. Subscribers must acknowledge that on application, you have not relied on and shall have no right or remedy for any statement, representation, or warranty other than as expressly set out in these Conditions. Nothing in this clause shall limit or exclude any liability for fraud.
  1. No variation of these Conditions shall be effective unless in writing and agreed by the Company and the Subscriber.
  1. No person other than the Company or the Subscriber shall have the right to enforce these Conditions. Nothing in these Conditions establishes any partnership or joint venture between the parties, constitutes either party, the agent of another party, nor authorises either party to make or enter into any commitments on behalf of the other.
  1. No failure or delay by us in exercising (or partial exercising of) any right or remedy available to us under these Conditions or at law shall constitute a waiver of that right or remedy or restricts its further exercise.
  1. If any court or competent authority finds any provision of the conditions to be invalid, illegal, or enforceable, that provision, shall, to the extent required, be deemed to be deleted, and the remaining provisions of these Conditions shall not be affected. If any relevant provision would become valid, enforceable, or legal if part of it were deleted, it shall apply with the minimum modification necessary to make it legal, valid, and enforceable. These conditions (and any related disputes or claims) shall be governed by and construed in accordance with English law and the parties hereby irrevocably agree to the exclusive jurisdiction of the English Courts.

Overseen by NACFB Compliance, part of the National Association of Commercial Finance Brokers

33 Eastcheap, London, EC3M 1DT

020 3962 7593 | compliance@nacfb.org.uk | www.nacfbcompliance.co.uk

Registered in UK: 03305378