Business Terms & Conditions - The Finance Plug

BUSINESS TERMS

AND CONDITIONS

Business Terms

These Business Terms, together with any Quote (defined in clause 1), set out the terms (Terms) under which The Finance Plug Pty Ltd Group ABN 34 665 102 205 (The Finance Plug Pty Ltd) provides Services (defined in clause 3) to you or the company which you represent (the Client).

1. Credit Representative

We are a credit representative of National Finance Connections Pty Ltd trading as Viking aggregation, which holds Australian credit license number 543046.
The Aggregator is authorized to provide credit services to consumers. As a credit representative, we operate under the Australian Credit License of the Aggregator and are bound by their policies and procedures.
In the event of a dispute, the Aggregator is a member of the Australian Financial Complaints Authority (AFCA) under membership number 94538. AFCA provides a free and independent dispute resolution service for consumers. If you have any concerns or complaints, please contact us or AFCA for assistance.

2. Quote, These Terms

These Business Terms will apply to all the Client’s dealings with Finance Plug including being incorporated in all agreements or quotations under which Finance Plug
is to provide services to the Client (each a ‘Quote’) together with any additional terms included in such Quote (provided such additional terms are recorded in writing).
The Client will be taken to have accepted these Terms if the Client accepts a Quote, or if the Client accepts or pays for any services provided by Finance Plug after receiving or becoming aware of these Terms.
In the event of any inconsistency between these Business Terms and any Quote, the clauses of these Business Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Quote) will prevail over these Business Terms to the extent of any inconsistency.
(1.d) Finance Plug may update any part of the Business Terms at any time without notice to the Client. The Client continuing to accept or pay for any services provided by Finance Plug following such an update will represent an agreement by the Client to be bound by the Business Terms as amended. The Client is encouraged to check the date at the top of the Business Terms to see when Finance Plug last updated the Business Terms.

3. Services

General

The services Finance Plug provides to clients includes but it not limited to:
- Evaluating and recommending asset financing options
- Sourcing finance from various lenders and providers
- Assisting with loan application preparation and submission
- Negotiating loan terms with lenders on behalf of clients
- Preparing and issuing loan documentation
- Coordinating funding disbursements
- Providing ongoing support and assistance throughout the loan term
- Offering ancillary services such as insurance and maintenance contracts; and
- Keeping clients informed about market trends and regulatory changes.

The Services

Inconsideration for payment of the fees set out in clause fees, commissions and third party benefits (Fees), Finance Plug will provide the Client with the Services.Finance Plug

Unless Otherwise Agreed, Finance Plug May, In Its DiscretionFinance Plug

Not commence work on any Services until the Client has paid any Fees payable in respect of the Services; and
Withhold delivery of the Services until the Client has paid the Fees.
Any timeframes provided by Finance Plug are indicative only. Finance Plugmay need to make reasonable adjustments to any such timeframes and will communicate this to the Client as required.
Finance Plug are an independently owned asset finance broker and operate with the Aggregator and a panel of carefully selected funders. Finance Plug will receive commission and/or other benefits from the finance provider if you enter into an agreement with them, as set out in more detail in clause fees, commissions and third party benefits.

Disclaimer

Finance Plug provides a finance broking service that connects clients with suitable lenders however Finance Plug are not qualified to give legal, financial or taxation advice. Any information provided to the Client is of a general nature only and is not specific for each Client’s situation. Finance Plug recommends each Client obtains its own legal and financial advice regarding the suitability of the loan to the Client’s needs or purposes.
Finance Plug provides its website: www.Thefinanceplug.com.au on an ‘as-is’ basis. The information on this website has been prepared by Finance Plug as general information and does not take into account individual aims, financial circumstances or requirements. The information on this site does not represent financial, taxation or other professional advice and should not be relied upon as such. The client’s use of the website is at client’s own risk.
Any Services Finance Plug provides are reliant on the Client providing information that is accurate, complete and up-to-date.Finance Plug is not liable for the shortcomings, incompleteness or inaccuracy of the Services in the event that the Client fails to provide accurate, complete and up-to-date information.
Finance Plug accepts no liability or responsibility for any decisions of the Client.

Provide Information And Liaison

The Client must provide Finance Plug with all documentation, information and assistance reasonably required for Finance Plug to perform the Services.
The Client agrees to liaise with Finance Plug as it reasonably requests for the purpose of enabling Finance Plug to provide the Services.

Compliance With Laws

The Client is responsible for complying with all applicable Laws, where ‘Laws’ means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Client receives the Services from Blackrock Financial.

Client Acknowledgement

The Client acknowledges and agrees that
- The information the Client has provided to Finance Plug is true and correct and that Finance Plug will rely upon such information in arranging for the loan on the Client’s behalf
- The terms of the loan the Client is seeking are indicative only and may be subject to change
- It will refer to the loan contract given to it by its chosen lender for the full terms and conditions of the chosen loan
- The Client is able to make the quoted repayments over the quoted term without undue hardship
- Finance Plug do not determine or recommend the conditions of the credit contract (such as interest rates, fees or the term of the loan)
- Finance Plug are not qualified to give legal or financial advice and that any information provided to the Client is of a general nature only and is not specific for each Client’s situation
- By agreeing to these terms, it has relied upon its own independent inquiries and advice in relation to the financial and legal implications of entering into these terms or a loan contract.

4. Fees, Commissions And Third Party Benefits

Fees

The Client must pay to Finance Plug. The service fees in the amounts and at the times set out on the credit Quote to be sent to client at time of lender submission (should they wish to proceed)
To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth) and any other applicable laws, any Fees paid in accordance with these Terms are non-refundable.

Invoices

Unless otherwise agreed
- If Finance Plug issues an invoice to the Client, payment must be made by the time(s) specified in such invoice; and
- In all other circumstances, the Client must pay for all goods and services within 7 days of receiving an invoice for amounts payable.

Late Payment

If the Client does not pay Finance Plug the amounts due and payable under an invoice on or before its due date, without limiting any of Finance Plug other rights under these terms, the Client must pay Finance Plug interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Concept Paraplanning.

GST

Unless otherwise indicated, the Fees include GST. In relation to any GST payable for a taxable supply by Finance Plug the Client must pay the GST subject to Finance Plug providing a tax invoice.

Commissions

Finance Plug is paid commissions by lenders for introducing customers. The lenders that Finance Plug deal with will generally pay Finance Plug a commission based on the size of loan and the particular loan product the Client has selected. Finance Plug will only be paid this commission if the Client’s loan is settled and drawn down. Finance Plug is also paid an ongoing commission by the Client’s chosen lender based on the outstanding balance of the Client’s loan.
As part of the application process, Finance Plug will provide the Client with a Credit Proposal Disclosure Document which will include an estimate of the commissions Finance Plug are likely to receive from the lender if the Client decides to proceed with the application and the loan settles, and details of how that commission is calculated.
Finance Plug will inform the Client if, after recommending a particular product prior to the Client entering into a contract for that product, the commission payment differ for those described in the Credit Proposal Disclosure Document.
Finance Plug may or may not have agreements set in place with specific lender in which we may receive a volume bonus

5. Third Parties

Third Party Fees

Finance Plug gains access to the loan products it recommends to Clients through the services of the Aggregator. In order to gain access to their panel of lenders, the Aggregator charges Finance Plug an annual fee as well as a monthly fee for each of it’s brokers.
Finance Plug also has access to the loan products it may recommend to clients by way of direct agreements with some lenders.
In some cases, the Client’s business may have been referred to Finance Plug by non-regulated third parties such as real estate agents, accountants, financial planners etc. Where this is the case and a referral fee may be paid by Finance Plug to these parties, the fee will be disclosed to the Client in the Credit Proposal Disclosure Document.

Third Party Goods And Services

Any Service that requires Finance Plug to acquire goods and services supplied by a third party on behalf of the Client may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.
The Client agrees to familiarize themselves with any Third Party Terms applicable to any such goods and services supplied and, by instructing Blackrock Financial to acquire the goods or services on the Client’s behalf, the Client will be taken to have agreed to such Third Party Terms.

6. Confidentiality

Except as contemplated by these Terms, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any confidential information disclosed to it by the other party without its prior written consent.
This clause CONFIDENTIALITY does not apply to:
- Information which is generally available to the public (other than as a result of a breach of these Terms or another obligation
  of confidence)
- Information required to be disclosed by any law; or
- Information disclosed by Finance Plug to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under these Terms.

7. Intellectual Property

Client Content

The Client grants to Finance Plug (and its subcontractors, employees and agents) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable license to use the Client Content to the extent reasonably required to perform any part of the Services.
The Client:
- Warrants that Finance Plug use of Client Content as contemplated by these Terms will not infringe any third-party Intellectual Property Rights; and
- Will indemnify Finance Plug from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement or a claim of such an infringement.

Developed IP

All Developed IP will be solely and exclusively owned by Finance Plug.

Finance Plug Work IP

Finance Plug grants to the Client a non-exclusive, royalty free, non-transferable and revocable license to use Finance Plug IP and any Developed IP to the extent required for the Client to use, enjoy the benefit of or exploit the Services and/or the Deliverables.
Unless otherwise agreed in writing by Finance Plug or in this clause Finance Plug WORK IP, the Client will not acquire Intellectual Property Rights in any Finance Plug IP under these Terms or as part of receiving the Services.

Definitions

For the purposes of this clause INTELLECTUAL PROPERTY
- “Client Content” means any Material supplied by the Client to Finance Plug under or in connection with these Terms, including any Intellectual Property Rights attaching to that Material.
- “Developed IP” means any Products and any other Material produced by Finance Plug in the course of providing the Services, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching fo that
  Material or the Deliverables.
- “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout
  the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of these Terms.
- “Finance Plug IP” means all Material owned or licensed by Finance Plug
- that is not Developed IP and any Intellectual Property Rights attaching to that Material.
- “Material” means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

8. Warranties

To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (lie a refund, replacement or repair) if there is a failure with the goods or services provided.

9. Liability

(Limitation Of Liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of Finance Plug to the Client in respect of loss or damage sustained by the Client under or in connection with these Terms is limited to the total Fees paid to Finance Plug by the Client in the 6 months preceding the first event giving rise to the relevant liability.
(Indemnity) The Client agrees at all times to indemnify and hold harmless Finance Plug and its officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Client or the Client’s officers’, employees’, agents’ or contractors.
- Breach of any term of these Terms; or
- Negligent, fraudulent or criminal act or omission.
(Consequential Loss) Finance Plug will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these Terms or any goods or services provided by the Service Provider, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

10. Subcontracting

Finance Plug may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting.

11. Termination

Termination For Convenience

Finance Plug may terminate these Terms for convenience at any time by providing 1 months’ written notice to the Client.Finance Plug

Termination For Cause

Either party (Non-Defaulting Party) may terminate these Terms immediately by written notice to the other party (Defaulting Party) if the Defaulting Party is in breach of these Terms and either
- Fails to remedy such breach within 14 days of receiving notice from the Non-Defaulting Party requiring it to remedy such breach; or
- That breach is not capable of remedy.

Effect of Termination

Upon termination of these Terms
- Finance Plug will immediately cease providing the Services
- If the Client’s loan has already settled and paid out before the end of the agreement the lenders may or may not charge you a termination fee
- No rights, liabilities or remedies of any party will be invalidated by the termination.Finance PlugFinance Plug

Survival

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these Terms will survive and be enforceable after such termination or expiry.

12. Dispute Resolution

Internal Dispute Resolution

The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with these Terms prior to commencing any proceedings.
If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual.
The parties acknowledge that compliance with this clause DISPUTE RESOLUTION is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except
In the case of applications for urgent interlocutory relief; or
A breach by another party of this clause DISPUTE RESOLUTION.

External Dispute Resolution

If you are not satisfied with our response or how we have handled your complaint, you may make a formal complaint to our EDR scheme, the Australian Financial Australian Financial Complaints Authority (AFCA National Finance Connections T/as Viking Aggregation by contacting either of the below
- Telephone: 1800 931 678
- Email: [email protected]
- Website: www.afca.org.au
- Post: Australian Financial Complaints Authority GPO BOX 3 MELBOURNE VIC 3001
Time limits may apply to complain to AFCA, so you should act promptly or otherwise consult the AFCA website to find out if or when the time limit relevant to your circumstances expires.

Complaints Handling Policy

Internal Dispute Resolution (IDR) Process

This policy provides information about our internal dispute resolution (IDR) process. Our IDR service is provided to you free of charge.
NATIONAL FINANCE CONNECTIONS PTY LTD | ACN 661 296 457 | Australian Credit Licence 543046
(we/us/our) believes that it is essential for us to have the ability, authority and proper training to hear and respond appropriately to any complaints or disputes raised by our customers.

How you may lodge a complaint

You can lodge complaints by contacting:
- T: 02 8985 7358
- E: [email protected]

You may also lodge a complaint by speaking to any representative of our business who will refer you to the Complaints Officer. You should explain the details of your complaint as clearly as you can. You may do this verbally or in writing.

Offer multiple methods for lodging complaints, including phone, email, letter, social media, in person, or online;
Do not require complaints to be in writing;
Ensure that information provided to the public about our IDR process, including this policy, is available in a range of languages and formats (including large print and audiotape);
Provide training to all staff (not just complaints management staff) to enable staff to be able to identify, support and assist complainants who need additional assistance, including cross-cultural training; and
Allow representatives to lodge complaints on behalf of complainants, including financial counsellors, legal representatives, family members and friends.

Dealing with complaints

Our process for dealing with complaints is as follows:

Acknowledgement: We will acknowledge receipt of your complaint promptly – that is, within one business day of receiving it, or as soon as practicable.
Assessment and investigation: We will review your complaint carefully and promptly, taking such steps and reviewing such documents as reasonably necessary.
IDR response: We will provide an ‘IDR response’, which is a written communication that sets out the final outcome of your complaint through our IDR process and your right to take your complaint to AFCA if you are not satisfied with the IDR response. If we reject or partially reject your complaint, we will clearly set out the reasons for our decision.

Response timeframes

Generally, we will provide an IDR response to you no later than 30 calendar days after receiving the complaint. However, for some specific types of credit-related complaints, the following response timeframes apply.
- Credit-related complaints involving default notices: No later than 21 calendar days after receiving the complaint;
- Credit-related complaints involving hardship notices or requests to postpone enforcement proceedings: No later than 21 calendar days after receiving the complaint. Exceptions apply;
- If we do not have sufficient information to make a decision, or if we reach an agreement with you.
We do not need to provide an IDR response to you if we close your complaint by the end of the fifth business day after receipt because we have:
- Resolved the complaint to your satisfaction; or
- Given you an explanation and/or apology we can take no further action to reasonably address your complaint.
However, we must provide a written IDR response for complaints closed by the end of the fifth business day after receipt if:
- The complainant requests a written response; or
- The complaint is about hardship.

13. Force Majeure

If a party becomes unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to an event beyond its reasonable control (Force Majeure), that party must give to the other party prompt written notice of
- Reasonable details of the Force Majeure; and
- So far as is known, the probable extent to which that party will be unable to perform or be delayed in performing its obligation.
Subject to compliance with clause If a party becomes unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to an event beyond its reasonable control (Force Majeure), that party must give to the other party prompt written notice of, the relevant obligation will be suspended during the Force Majeure to the extent that it is affected by the Force Majeure.
The affected party must use its best endeavours to overcome or remove the Force Majeure as quickly as possible.

14. Notices

A Notice Or Other Communication To A Party Under These Terms Must Be

In writing and in English; and
Delivered via email to the other party, to the email address specified in these Terms, or if no email address is specified in these Terms, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of these Terms as at the date of these Terms (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given
- 24 hours after the email was sent; or
- When replied to by the other party
Whichever is earlier.

15. General

Governing Law And Jurisdiction

These Terms is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum

Business Days

If the day on which any act is to be done under these Terms is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where these Terms expressly specifies otherwise.

Amendments

These Terms may only be amended in accordance with a written agreement between the parties.

Waiver

No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected

Joint And Several Liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

Counterparts

These Terms may be executed in any number of counterparts. Each counterpart constitutes an original of these Terms and all together constitute one agreement.

Costs

Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms.

Interpretation

(Singular And Plural) Words in the singular includes the plural (and vice versa).
(Gender) Words indicating a gender includes the corresponding words of any other gender.
(Defined Terms) If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.
(Persons) A reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity.
(Party) A reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee.
(These Terms) A reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it.
(Document) A reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time.
(Headings) Headings and words in bold type are for convenience only and do not affect interpretation.
(Includes) The word “includes” and similar words in any form is not a word of limitation.
(Adverse Interpretation) No provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision; and
(Currency) A reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.