Terms & Conditions

Terms and conditions of the Funding and Finance website

Introduction

In these Terms and Conditions of use, and Privacy and Cookie Policy, you will find details on our services and policies. We suggest you read them carefully. In any dealings with us we shall rely on the terms and conditions as being incorporated in to any contract that will exist between you and The Funding and Finance Boutique.

Terms and Conditions

These terms and conditions of use ("Terms & Conditions ") apply to all visits to and all use of this website of The Funding and Finance Boutique (“The Funding and Finance Boutique” )as well as to all information, opinions and/or services provided to you on or through this website (the “information").

By using this website you agree to the applicability of these Terms & Conditions. Please note that these Terms & Conditions may be changed over time and you should refer to the website for the most up to date set of terms. Such changes will be effective immediately upon the posting of the modified Terms & Conditions to the website. Users of the website are therefore advised to regularly read the Terms & Conditions to monitor any changes.

Object of the site

The object of the site is to allow project and business owners the ability to search for potential lenders and investors into their business, project or idea. As well as lenders and investors you will also, from time to time, find financial institutions that operate as brokers or financial advisers. At all times, users of this site will be required to undertake their own due diligence in respect of any introduction. All Clients and users of the site will inevitably be asked to enter into terms and conditions with the lender, investor or financial institution. It is for the Client to agree those terms and conditions. The Funding & Finance Boutique offer no opinion as to the suitability of such terms for your business or project.

Method of using the site

To use the site you will be required to register. Once you are registered you will be immediately sent an email which confirms your account and the website will open automatically to your portal. You will be deemed to accept these Terms & Conditions and any modification of the same. Signing into your portal in the future will require your username which will be your email address and your password. If you lose your password you can reset your password through “I forgot my password” link which will resend a reset email to the address we hold on file. Once you are in the portal you will be offered a choice of one of our three services. There is a basic service which allows you to search for lenders and investors through a company name search, country search, type of finance search or an industry type search. The database will return a response and you will then have contact details available to approach the lender yourself.

We offer a fixed fee service where you can submit your business plan and we will undertake a refined search and offer suggestions to you

Finally we offer a premium service where we will liaise with you, to assist you in making an approach to a lender or other financial institution.

Each service is limited in time, as set out under the individual service that you choose. Once that time period has expired you will not be able to access the site without subscribing once again to the level of service that you want and paying the appropriate fee. The onus is therefore on you to upload your paperwork in a timely fashion.

At no stage will time be of the essence. The Funding & Finance Boutique has no control over the speed that lenders or financial institutions may respond to your request and how this may impact on your project or business. If you have a deadline you need to make this clear to any institution. Please therefore allow sufficient time for due diligence when making your requests

Full details of the services are described below.

ALL SERVICES WILL ATTEMPT TO MATCH YOU TO A POTENTIAL LENDER OR INVESTOR. At no stage however can the Funding & Finance Boutique guarantee you success.

Services

Request for a call back

All requests for a call back will be considered in order of priority, with an emphasis being made to those who have subscribed to the higher levels of service that we offer and who has paid for a bespoke service. Before requesting a ring back please fully consider all the terms and conditions as well as frequently asked questions as this may answer many of your queries without the need to wait for our reply. The ring back service should not be used as a means of enquiring about whether finance is available for a specific project as we will refuse to answer those queries that seek to short cut the other services that we charge for:

Basic Service at a cost of £99.99

Clients accessing this level of service will have access to our data base of over 6000 various investors, lenders, venture capital and financial organisations for a period of 28 days from the date of their subscription. During this time Clients can search for lenders and investors who operate in the field that the Client is seeking funding. Such searches can be conducted either by Company Name, Country, Type of Finance or industry required. It will be for the searcher to identify the area that they wish to search and to narrow or broaden their specification to fit the criteria applied by the lender.

Searchers will acquire contact details which they can then follow up directly by themselves.

No guarantee can be given that the lenders will be interested in the project or that the project will be of a standard to allow for investment or loan.

The Funding & Finance Boutique does not offer any opinion or advice on this service and the Funding and Finance Boutique will not receive or review business plans on this service. This service is a self-service facility.

If after 28 days of access the Client still wishes to access the service a further fee will be required and you will be granted a further 28 days access

Standard Service at a cost of £1500

Clients accessing this level of service will be able to upload one business plan which will be considered by the Funding & Finance Boutique who will provide a list of suggested lenders and venture capitalists who in the experience of the Funding and Finance Boutique might consider projects of the sort set out in the business plan. The Funding & Finance Boutique cannot guarantee that a lender will be interested or that the project will pass the detailed requirements of the lender.

The Client will be expected to submit the business plan of no more than 25 pages together with a one to two page synopsis of the project which will be used to identify the area of interest, type of project and the sort of funding that the Client is looking for. It is crucial therefore that the business plan accurately describes the funding requirements as the search criteria employed by The Funding & Finance Boutique will be based solely on the information supplied.

Searches of the data base will be undertaken by the Funding and Finance Boutique who will supply details of possible lenders. It will be for the Client to follow up the leads identified and to satisfy any criteria identified by the individual lenders for funding. No guarantee of funding can be offered by the Funding and Finance Boutique and it will be for the Client to apply to any lender and follow up on the leads suggested.

The Funding and Finance Boutique does not charge any commission based on the funding achieved from the Client but may receive commissions directly from the finance institutions.

The business plan should cover 12 points as set out in the template documents available to subscribers of this service and once you have registered under this service you will be able to access a guidance sheet setting out the relevant points that should be included in a standard business plan. This is available from your portal in one of the drop down sections to download. In addition to the business plan download, the portal allows access to a library of various forms that you may require and there is also a library of financial terms to help you identify the correct type of financing for your business or project. No warranty is offered by the Funding & Finance Boutique however on the adequacy of the forms and the Client should satisfy themselves as to the relevance and suitability of the forms that they may download from the site.

Within the fee the Client will be entitled to one meeting at the offices of the Funding and Finance Boutique in Bexhill, East Sussex, of up to 2 hrs duration, where they can explain their project and the thinking behind the same.

If the Client requires a meeting other than at our offices then our daily rate of £500 plus business class travel and accommodation will apply in addition to the fixed fee for the standard level of service.

This level of service is set at a consideration of the project as it is presented and the provision of possible lending institutions based on the business plan supplied .Under this level of service no attempt will be made by the Funding and Finance Boutique to suggest changes to the project or the business structure or revisions to the business plan to make it more suitable for funding. Should the Client require this sort of input then they should consider whether they would be better seeking a premium level of service. The service under this section is limited to a consideration of the business plan you submit with comments being available for consideration by the Client.

For the avoidance of doubt included in this service is:

·Access to the Client portal for 90 days

· Facility to upload your business plan, you will need to tell us about your business so that we can match you to lenders. If you don't send in your details we cannot search and you will be charged a full fee

· A review of your business plan and a report with our comments

· One meeting with an experienced financier

· Provision of a list of lenders or investors from our advanced database

· Identification of a suggested type of lender and finance for you subject to qualification by you and passing any due diligence imposed by any lender

· Access to a library of information and supporting documents

The portal under this level of service will last for 90 days after which time the portal will cease to be available without further subscription. This service does not include consideration of any revised business plan or a document required by any lender of the making of any application for finance or other facility and is specifically limited to the consideration of the business plan that is up loaded and the information supplied at any meeting with the Funding and Finance Boutique.

Any adjustments made to the business plan or variance to the original plan made at any meeting must be confirmed by the Client in writing within 3 days of any such meeting. In the absence of such confirmation the Funding and Finance Boutique shall be entitled to rely solely on the uploaded plan and offer suggested finance solutions accordingly.

Premium Service starting from £3000

In addition to the standard service, described above, the Client will be able to discuss with the Funding and Finance Boutique flaws in the business plan or project and suggested amendments to the project or business structure will be offered. It will be for the Client to effect such changes. This should enable the project to be honed to fit known criteria for funding offered by lenders or other financial institutions.

In addition the Funding and Finance Boutique will undertake a limited amount of due diligence and provide the Client with material that they can then submit to the lender, including a bank report. No guarantees can be offered that even with this level of input by the Funding and Finance Boutique the project will be accepted by any bank or other lending institution.

It is envisaged that with this level of service and from a starting point of a £3000 fee up to 2 meetings will be included. Suggestions may be offered as to professional partners that might be employed but it will be for the Client to reach terms of engagement with such partners. Clearly if further input is sought by the Client beyond the level of service indicated above, terms with the Funding and Finance Boutique can be negotiated on a case by case basis.

Should the Client require attendance at any meeting with any lender or other financial institution or professional partner this can be arranged at the daily rate referred to below.

Within this service you will receive:

· Access to a full Client portal for a period of up to 365 days

· Progression reports

· Facilities to upload your business and marketing plan. .You will need to tell us about your business so that we can match you to lenders. If you don't send in your details we cannot search and you will be charged a full fee

· A review your business plan and any suggested amendments and provision of reports to you

· Attendance at a meeting at our office and a follow up meeting (at our discretion) without further cost, (Any further meetings beyond the two envisaged in this level of service will be subject to charge)

· The provision of basic due diligence

· Access to our staff with over 30 years funding experience

· Provision of a list of lenders and investors from our advance database

· Identification of a suggested type of lender or investor subject to qualification by you and passing any due diligence imposed by any lender

·Access to help with specialist documents subject to a separate fee based on time

· Help with professional introductions if required (Limited to one introduction per Client)

This service is suitable for corporate finance and projects that are looking to raise over £1 million including capital markets.


Other services are available at a discount rate subject to agreement

Cancellation

Once an order has been placed and confirmed by the payment for the services ordered it shall not be capable of being cancelled except at the discretion of The Funding and Finance Boutique who shall be entitled to charge an administration fee based on the work undertaken to the point of cancellation at an hourly rate of £100 per hour..

Information and Liability

The Information set out is for general information purposes only and does not constitute advice. At all times Clients must satisfy themselves as to the suitability and desireability of the arrangements that they are entering into. The Funding & Finance Boutique will not be liable for any damages resulting from the use (or inability to make use) of this website, including damages caused by viruses or any incorrectness or incompleteness of the Information on their part, unless such damage is the result of any wilful misconduct or gross negligence on part of The Funding and Finance Boutique or any one of their employees.

The Funding and Finance Boutique shall not be liable for damages resulting from any lack of suitability, timeliness or accuracy of this website or the Information or the failure to be able to supply any item ordered through the website within a specific timescale or at all.

The Funding and Finance Boutique cannot be held liable for any damages resulting from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Payment to The Funding and Finance Boutique will only be complete upon money being credited to the Paypal electronic systems.

The Funding and Finance Boutique disclaims all warranties including, but not limited to, warranties of conditions, quality, merchantability, fitness for a particular purpose and non-infringement.

The Funding and Finance Boutique does not accept responsibility for any loss that may arise out of the fact that subsequent to an order being placed, or finance being offered by any lender or other financial institution, the same may become available at a lower cost or on more advantageous terms.

At all the times it shall be the Clients’ responsibility to satisfy themselves as to the suitability and appropriateness of any finance that is applied for.

Information of third parties

The Information originating from third parties constitutes an expression of the personal opinions of those third parties. The Funding and Finance Boutique is not responsible and shall not be liable for the accuracy such Information.

Hyperlinks on this website may direct visitors to external websites which are maintained by third parties. The Funding and Finance Boutique shall not be liable for the contents and the functioning of such external websites nor shall they be liable for the quality of products or services which may be offered on such external websites. The Funding & Finance Boutique allies itself with a number of organisations which it feels may offer benefits to users of this site.

Posts to the website

If anyone posts unsolicited or un-requested proposals or ideas and/or materials whether they comprise texts, sounds, software, images, information or otherwise all of which will hereinafter be collectively define as “ New Ideas” on this website or send such New Ideas to The Funding and Finance Boutique by email or otherwise, The Funding and Finance Boutique shall be entitled to use, copy and/or commercially exploit such New Ideas to the fullest extent and free of charge. Funding and Finance Boutique shall not be bound by any confidentiality obligation in respect of such New Ideas.

Further, by submission of material constituting a New Idea, the sender hereby indemnify The Funding and Finance Boutique from and against all actions, claims and liabilities, suffered, incurred or sustained by The Funding and Finance Boutique as a result of the use and/or exploitation of the New Ideas infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

Intellectual property

Unless indicated otherwise, all intellectual property rights to this website and the Information are owned by The Funding and Finance Boutique. These rights include but are not limited to all copyrights, rights to the trade names, word trademarks, pictorial trademarks and logos of The Funding and Finance Boutique, such as, but not limited to the rights to "THE FUNDING AND FINANCE BOUTIQUE".

Users are permitted to read this website and the Information and make copies for their own personal use, for example by printing or storing. All other use of the website or of the Information, for example the storage or reproduction of (a part of) the website of The Funding and Finance Boutique in any external internet site is not permitted.

Severability

If these Terms of Use are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of such void part as much as possible, taking into account the content and the purport of these Terms of Use.

GENERAL CONDITIONS

1. These terms shall be governed by English Law in every particular including formation and interpretation and shall be deemed to be made in England. Any proceedings arising out of or in connection with this agreement shall be brought in any Court of competent jurisdiction in London or at a venue of the choosing of the Funding and Finance Boutique. Submission by the parties to such jurisdiction shall not limit the rights of the Funding & Finance Boutique to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate.

2. Any notice of proceedings or other notice in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on the party by pre-paid recorded delivery or registered post or by telex or by electronic mail which shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by telex or by electronic mail to the correct telex number with correct answer back or correct electronic mail number of the addressee.

3. In the event that the Client is resident outside England its address for service will be its business address or the address of the managing director.

4. Time for delivery of any services or facilities by The Funding & Finance Boutique shall not be of the essence of this agreement.

5. The Funding and Finance Boutique shall not be liable in any way for loss howsoever sustained occurring to the Client in the event that the delivery of the Facility is delayed or not provided.

6. Any sum or sums payable to the Funding and Finance Boutique shall bear interest at 4% above Barclays Bank Base rate 7 days after becoming legally due.

7. In the event that the Client has mis-stated its financial position or made any material omissions or has misled or deceived any company/lender/ finance institution or like organisation granting the Facility or if the security offered proves to be inadequate and no further security can be offered or circumstances concerning the Client or the nature of its security come to light which would deter a prudent lender from lending, or there is failure on the part of the Client to provide all information and documentation promptly that is reasonably requested by The Funding and Finance Boutique or Lenders with whom the Client is negotiating, the Client will be removed from the database immediately and no further access will be granted.

8. In the case of monies paid on account for costs (Premium Service), The Funding and Finance Boutique will assess its costs on a work done and time spent basis at the prevailing rate for that work and insofar as the sum due is less than the amount held on account, there will be a refund, but insofar as the work done exceeds the amount on account, then the balance due shall be payable immediately by the Client.

9. The Funding and Finance Boutique is an independent contractor and shall not be subject to directions from the Client as to the manner in which the work is done or from whom the Facility is sought or how the project is undertaken by The Funding and Finance Boutique. The Funding and Finance Boutique will act at its sole discretion in this regard but shall have regard to the Clients general wishes.

10. Work, documentation and methods utilised by The Funding and Finance Boutique remains The Funding and Finance Boutique’s property. The Funding and Finance Boutique retains ownership of the outcome of the work and the methods used and are subject to confidentiality and copyright. The Funding and Finance Boutique is not obliged to share these methods with the Client in any way or form

11. The Funding and Finance Boutique, with the premium service, reserves the right to introduce the Client to any professional qualified individuals or Companies of their choice to assist the Client with the preparation of any documentation that The Funding and Finance Boutique may require. The Client accepts that they are responsible for all costs in the entirety for work undertaken by the staff of the introduction and that this work may be billed periodically.

12. The Client, when prudent to do so, may be introduced to investors and other lenders by The Funding and Finance Boutique.

13. These terms form the entire agreement between the parties and the Client hereby confirms that there are and have been no representations on which they rely inducing it to enter into this agreement on behalf of The Funding and Finance Boutique other than such, if any, as are contained in writing made between the parties.

14. Each of the parties warrants that it has full authority to enter into this Agreement.

15. Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible.

16. If any provision of this Agreement or those conditions is declared by any judicial or other competent authority to be void, voidable illegal or otherwise unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

17. The Client hereby warrants to indemnify and keep indemnified The Funding and Finance Boutique from and against any and all loss damage or liability suffered and costs incurred by The Funding & Finance Boutique resulting from a breach of this Agreement by the Client including any act of neglect or default by the Clients agents employers licensees or customers.

18. It is understood that in the performance of their duty The Funding and Finance Boutique will obtain information about both the Client/company and the company's Clients and that such information may include financial data, Clients lists, methods of operating, policy statements and other additional confidential data.

The Funding and Finance Boutique agrees to restrict their use of any such above-mentioned information to the performance of their duties described in this Agreement and further agrees to return all documents upon completion of their duties.

19. THE FUNDING & FINANCE BOUTIQUE’S CHARGES: Premium service only by arrangement

Time charged at: £100 per hour plus disbursements, day booking (up to 5 hours) £500 minimum charge plus expenses.

Travel charged at £95 per hour plus expenses. Meetings UK£100 per hour or part thereof Bank Presentationsfrom £1,500. Business Plans from £800. Analytic/Valuation Reportsfrom £700. Progress Reports £85

Specialist Documents:from £500 Legals and Overseas work: by arrangement. Due Diligence from £2,000.

Standard service: £750 fixed fee Meetings out of office: £500 a day (up to 5 hours) plus business expenses and travel as above

Nominal costs:

Additional Meetings: charged at our offices £100 per hour or part thereof Additional Business plan reviews: from £75

Disclaimer

The owners of this site strive to ensure the accuracy of the information that is supplied, but cannot be held liable for any loss or delay caused if the contact details given for any institution have changed since the site was last updated.

Users should ensure therefore that if they intend to send time sensitive packages by any mode of communication, that they check with the intended recipient that the same have been received in a readable format and obtain a receipt for the same if they believe this is important for them.

If you find a search result with for instance an email address that has been updated then you are asked to report the information to our administrator sales@financeandfunding.com

PLEASE NOTE

Finding lenders does not ensure funding of your business.

Your business plan will be subject to due diligence and underwriting criteria's.

Each lender and contact that you might find on this database will have their own working methods, criteria and terms and conditions. You will be contracting with them directly and should undertake your own due diligence as to the suitability of the organisation or individual.

If you want help with your business plan, you should subscribe to the fixed fee service or the premium services. Both of those services offer support in this area as described in the appropriate section of the Terms & Conditions.

You cannot send business plans in without subscribing. We will only deal with the services published and the Clients registered to utilise those services.

You should familiarise yourself with our working practices, Terms and Conditions and the services before committing to the service of your choice. If you do not respond to the portal your case may remain static and may not progress.

This site is part of Hoskyn Child LLP