CASHFLOW ACCELERATION LIMITED

Standard Customer Terms and Conditions of Trade - Version 2.0 - Published 22nd January 2008

Supply of  Brokerage Services

Parties:

Cashflow Acceleration Limited (a company registered in England and Wales with the number 4430683) of The Balaclava, Pell Green, Wadhurst, East Sussex, TN5 6EE ("CFA" which expression shall include Cashflow Acceleration's successors and assigns).

The Customer.

Recitals

The Customer is seeking a facility with a Provider.  CFA  wishes introduce the customer to one or more Providers.

Interpretation

In these conditions:

"Terms and Conditions" means this set of standard Customer Terms and Conditions or trade, version 2.0, published 22nd January 2008.
"Customer(s)" means any potential customer or customers of a Provider, introduced to a Provider by CFA through its brokerage activities;
"Services" means the brokerage services provided by CFA.
"Provider" means the factoring or invoice discounting provider that has been contacted by CFA Limited in connection with the provision of facilities to a Customer.
"Facility" means the provision of any facility, present or future, by a Provider to the Customer.  This includes facilities that may be offered to the Customer as replacements, alternatives or additions to that which is originally offered.

The headings in these Terms are for convenience only and shall not affect their interpretation.

The Services

CFA shall, at its sole discretion, supply the Provider(s) that it selects with the contact details of the Customer.

Supply of the Services

 CFA shall provide the Services to the Customer subject to these Terms and Conditions.  Any changes or additions to the Services or the Terms and Conditions must be agreed in writing between CFA and the Customer.

CFA may at any time without notifying the Customer make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature of quality of the Services.

CFA will not make any charge to you for the supply of the services.  CFA do receive a commission from the Provider in respect of any facility that commences.  This commission is typically equivalent to between 10% and 15% of the total charges levied by the Provider.

Warranties and Liability

The Customer shall retain full responsibility to assess the suitability and creditworthiness of any Provider(s).  CFA will have no obligation to verify the credit rating of, or other information with respect to, any Provider and we make no representation or warranty to the Customer with respect to any Provider or the services that they provide.  CFA does not make any warranty that the services offered by a Provider will meet your requirements or expectations. No advice or information, whether oral or written, obtained by you from CFA shall create any warranty.

Data Protection

CFA is registered to hold personal data under the Data Protection Act 1984. In order that we may deal with your application CFA may pass information about you (if you are a sole trader), you and your partners (if you are a partnership) or, your directors and shareholders (if you are a company) to any Provider that we select.  By providing any such information to CFA you are providing your consent that we may deal with it, or pass the information to Providers that we select, as described above.

Assignment

The Customer shall not assign, novate, sub-contract or otherwise dispose of any of its rights and/or obligations under these terms and conditions without CFA's previous written consent.
CFA shall be entitled to assign, novate, sub-contract or otherwise dispose of all its rights and/or obligations under these Terms and Conditions.

General

A notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may have been notified to either party.

These Terms and Conditions are the Terms and Conditions on which the Customer and CFA have entered into the contract and they supersede the Customer's terms and conditions. 

 If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this shall not affect the validity of the rest of the Terms and Conditions.

English law shall apply to these Terms and Conditions, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

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For further information about Invoice Discounting follow this link

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