ALS FINANCIAL SOLUTIONS TERMS & CONDITIONS
DEFINITIONS: In this agreement “We”, “Us”, “Our” and “ALS FINANCIAL SOLUTIONS”. 22-24 James Street, Cardiff Bay, CF10 5EX “You” or “Your” means the trading name of the business that you have entered on the registration form.
“The lender” is the financial institution to where applications are submitted. References in this Agreement to any statutory provision or external organisation shall include a reference to such provision or organisation or rules of such organisation as from time to time re-enacted, amended, extended or replaced.
1.SCOPE
1.0 You are hereby appointed to Introducer status by ALS FINANCIAL SOLUTIONS, who will act as the principal.
2. AUTHORITY
2.1 You are authorised to effect introductions for to ALS FINANCIAL SOLUTIONS. An introduction means passing to Us; customer’s contact details (as prescribed by us from time to time).
2.1a This agreement is only valid if you hold the correct permissions to introduce secured loans and you must advise us immediately should your permissions be revoked or become invalid. You must also hold a valid data protection licence.
2.1b You are expected to adhere to the Data Protection Principles, GDPR and TCF policies at ALL times when dealing with potential customers of ALS FINANCIAL SOLUTIONS. These polices are available on request should you require them
2.1c Should you be applying as an agent of the company stated on the introducer form you confirm you have full permission to do so by the principal, director or owner.
2.2 You will be permitted to distribute promotional material that has been provided by Us. You may only advertise on our behalf, use Our name, brand or trade names, trademarks or logos, with Our written permission.
2.3 You will not be permitted to carry out any of the following activities:
2.3.1 Provide any advice on secured loans or any secured loan product chosen for the customer. Advice on current unsecured debts or give debt counselling in relation to obtaining a secured loan unless you have the correct categories within your FCA permissions.
2.3.2 You also agree to provide best advice for your client before introducing them to ALS FINANCIAL SOLUTIONS including the offerings of a re-mortgage or further advance based on the conditions of treating customers fairly (TCF conditions regulated under the Financial Services & Markets Act 2000). Giving advice or making recommendations on any aspect of the products available through ALS FINANICAL SOLUTIONS is not permitted.
2.3.3 Issuing a standard ALS FINANCIAL SOLUTIONS application form or any other literature to a customer, other than approved promotional literature.
2.3.4 Forwarding a standard ALS FINANCIAL SOLUTIONS application form to ALS FINANCIAL SOLUTIONS, a lender or insurer.
2.3.5 Completing or assisting the customer in the completion of a standard ALS FINANCIAL SOLUTIONS application form. Before passing the application form to us you MUST ensure you have obtained permission to do so from the customer and advise them of the Data Protection statements and Privacy notices found on our website that a credit search will be completed on application. ALL WORDING IS CONTAINED WITHIN THE ALS FINANCIAL SOLUTIONS APPLICATION FORM.
2.3.6 Discussing with or representing the customer in respect of any aspect of a standard ALS FINANCIAL SOLUTIONS application form
2.3.7 Collecting or passing on to Us a fee or charge related to the loan application.
2.4 Nothing in this agreement shall require Us to accept any loan application.
2.5 You will not:
2.5.1 Assign this agreement or any part of it.
2.5.2 Delegate any of Your responsibilities under this agreement to a third party or appoint another Introducer.
3. FEES
3.1 Payment terms from the company to the introducer: Payment of introducer commissions will be made by bank transfer or cheque. All commission must be paid to the bank account holder named as the registered name or trading variation as per your FCA PERMISSONS. We will make checks to confirm that the bank details are that of the licence holder, but we will not be responsible in the event that we are given the incorrect or false bank details. It is Your responsibility to ensure that we hold up to date and correct bank details. By agreeing to these terms and conditions, You are confirming that Your FCA permissions and Data protection licence are in date and that the trading name of the business You are registering with us appears on the license exactly as You have entered it.
3.2 Commission pay rates may be adjusted from time to time at our discretion. We will give You notice of any such change. Cost associated in the loan application will be deducted from the commission paid to you this includes but is not restricted to Land Registry Fees, Credit search fees, Valuation fees, any fees paid to existing lenders.
3.3 At ALS FINANCIAL SOLUTIONS discretion it will make deductions from due commissions to cover unexpected expenditure. There is a 100% claw back on all commission payments (not including broker fee) within the first 6 months should the loan be settled within this timeframe. ALS FINANCIAL SOLUTIONS. has the right to reclaim any commissions received from lenders paid out on a loan within 6 months. (This excludes the fixed broker fee)
4. TERMINATION
4.1 This Agreement may be terminated:
4.1.1 By mutual agreement at any time; or
4.1.2 By either party on the expiry of 30 days’ written notice delivered by registered or recorded delivery post.
4.2 We will have the right to cancel this agreement with immediate effect in the event of the following circumstances
4.2.1 Fraud, civil/criminal charges material to the operation of the business under the terms of this agreement;
4.2.3 Any breach of this Agreement.
4.3 In the event of Your death, bankruptcy, winding up or making an arrangement or composition with creditors, or if You become resident outside the United Kingdom or (being a company) change its place of registration or have its ownership or control altered without our prior consent, this agreement will automatically come to an end.
5. AGENCY INFORMATION
5.0 You must notify Us immediately in writing of any changes to your circumstances such as change of address, legal entity, trading status, engaging other business activities, change in related regulated activities or other material facts.
6. DATA PROCESSING AND TRANSFER
6.0. The parties acknowledge that, for the purposes of the DPA, immediately upon the supply by one to the other of Personal Data in relation to an Application the recipient of such personal data shall become the Data
Controller of such Personal Data so transferred.
6.1. Each party warrants to the other that before the provision by it to the other of any Personal Data it will have satisfied such requirements of the DPA as are relevant in respect of the collection and the transfer of this
Personal Data.
In relation to Personal Data processed in connection with this Agreement each of the parties agrees that:
(a) It shall procure that it has policies, procedures and personnel appointments in place in relation to the
protection of Personal Data that are compliant with the DPA.
(b) It shall process the Personal Data in accordance with the DPA.
(c) Not disclose or allow access to Personal Data other than by its employees or third parties engaged to
perform obligations pursuant to this agreement, and ensure that such employees or third parties are
subject to written contractual obligations concerning the Personal Data which comply with the provisions
of the DPA and applicable legislation; and
(d) Use all reasonable efforts to assist the other party to comply with such obligations as are imposed on that
party by the DPA and applicable legislation.