SSAS Experience Network
Legals & Terms

About this Policy

This privacy policy and general privacy notice applies to SSAS Experience Network LTD. We at SSAS Experience Network LTD take your privacy seriously, and this policy and notice has been drafted in accordance with the requirements of the General Data Protection Regulations (“GDPR”), with the support of the legal team at www.legalo.co.uk.

This privacy notice explains how we look after your personal data (in all situations where we collect your data), sets out your privacy rights and also explains how the law, and our approach to privacy and personal data, protects you.

This privacy notice supplements any other privacy notices that we may provide to you at the point that we collect data from you, and should be read in conjunction with those notices.

Our status and details

For the purpose of the GDPR, we are the data controller and any enquiry regarding the collection or processing of your data should be addressed to our [Data Protection Officer OR Privacy Manager] using the contact details below:

Name or title / subject: Data Controller

Email address: joindougjames@gmail.com

Postal address: Unit 9 Park Lane Business Centre Park Lane, Langham, Colchester, England, CO4 5WR

By using this Website, you consent to this policy. We are registered with the Information Commissioner’s Office for this purpose.

Information we collect

We will collect, process and store personal data only if it is directly provided to us by you. You may do this in your capacity as the user of this Website, by enquiring in relation to our goods or services, becoming a customer or supplier, or potential supplier.

Personal information covers any information which relates to you as an identifiable person. Below are examples of the type of data that this may include:

Identity Data including forenames, last name, maiden name, date of birth, gender, marital status, and username or similar identifier.

Contact Data may include invoicing; purchase order; home or work address, email address and telephone numbers, personal or job title and position.

Financial Data may include bank account and payment card details.

Special Category Data for example health or medical data, details about your race, religion, sex and political opinions.

Transaction Data may include payments made for products and services you have purchased from us, or in relation to payments that we have made to you.

Technical Data may include internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices used to access this Website.

Profile and Usage Data may include enquiries submitted by you, purchases information, feedback and survey responses, and how you use our website, products and services.

Marketing Data may include details of any preference that you have advised us of in relation to marketing communications from us.

We may also collect non-personal data such as aggregated data, which is data that may be obtained from your personal data, but which does not directly or indirectly identify you. This may include usage data detailing how you use our Website and the features and areas that you have interacted with.

How do we collect your personal data?

A range of different methods may be used to collect data, which may include the following methods:

Direct interactions with us in person, by post, phone, email or otherwise. For example you might give us your Identity, Contact and Financial Information in this way.

Automated technologies or interactions with our website, by using the web enquiry form [or the shopping cart on this website]. For example you might give us your Identity, Contact and Financial Information in this way.

Third parties or publicly available sources (third parties may be used in processing Identity, Contact and Financial categories of personal data).

Data accuracy

It is important that the data that we hold about you is accurate and up-to-date. In the event that your data changes, please notify us, so that we can update our records.

Use of your information

We may hold and process personal data that you provide to us in accordance with the GDPR.

The information that we collect and store relating to you is primarily used:

To enable us to provide our goods or services to you, to communicate with you and to meet our contractual commitments to you. This may include Identity, Contact, Financial and Transactional data.

To notify you about any changes to our business, such as improvements to our Website or service/product changes, that may affect our service or relationship with you. This may include Identity and Contact data.

If you are an existing customer, we may contact you with information about goods and services similar to those that were the subject of a previous sale to you. This may include Identity and Contact data.

Where you have consented to receive such information, to provide information on other parties’ products or services that we feel may be of interest to you. This may include Identity, Contact and Marketing data.

Where you have consented to receive our e-newsletters to provide that to you. This may include Identity and Contact data.

Where we need to comply with a legal obligation. This may include Identity, Contact and Transactional data.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. This may include all types of data.

Where we collect your data for marketing purposes, we will always request your consent at the point the data is collected, to use your data for that purpose.

We will always obtain your consent prior to sharing your personal data with any third party for their marketing purposes. This may be to enable relevant third parties to advise you of products or services that may be of interest to you.

We will only use your personal data for a reason other than the purpose for which it was originally obtained if we consider that we need to use it for that other purpose and have a legitimate interest in doing so.

Disclosure of your information

There are a range of circumstances where we may disclose your data to third parties. These include:

Regulatory bodies. We may disclose your data to regulatory bodies to enable us to comply with the law, to assist fraud protection and to minimise credit risk. This may include Identity, Contact and Transactional data.

Our suppliers. We may disclose your data to third parties that are involved in the fulfilment of our services to you. This may include Identity, Contact and Transactional data.

Third party marketing. Where you have consented for us to do so, we may provide your data to selected third parties who may contact you about their goods or services that you may be interested in. This may include Identity, Contact and Marketing data.

Business sale. We may disclose your personal data outside of our organisation: (a) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; and (b) if SSAS Experience Network LTD's business is bought by a third party, in which case personal data held by it about its customers will be one of the assets to transfer to the buyer. However, any such transfer will only be on terms that the confidentiality of your personal data is protected and that the terms of this privacy policy will continue to be complied with by the recipient.

Please be advised that we do not reveal information about identifiable individuals to our advertisers, but we may, on occasion, provide them with aggregated data about our Website visitors and customers.

If you do not want us to share your data with third parties, you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data, or you can do so by writing to us at the address detailed above or sending us an email to joindougjames@gmail.com at any time.

Controlling the use of your data

Where we rely on consent as the lawful basis for processing your data, you can revoke or vary that consent at any time.

If you do not want us to use your data or want to vary the consent that you have provided, you can write to us at the address detailed above or email us at joindougjames@gmail.com at any time.

Data storage and the transfer your data

As part of the services offered to you, for example through our Website, the information you provide to us may be transferred to and stored in countries outside of the European Economic Area (EEA), as we use remote website server hosts to provide the website and some aspects of our service, which may be based outside of the EEA, or use servers based outside of the EEA - this is generally the nature of data stored in “the Cloud”. It may also be processed by staff operating outside the EEA who work for one of our suppliers, e.g. our website server host, payment processing provider, or work for us when temporarily outside of the EEA.

A transfer of your personal data may happen if any of our servers are located in a country outside of the EEA or one of our service providers is located in a country outside of the EEA.

If you use our service while you are outside the EEA, your personal data may be transferred outside the EEA in order to provide you with these services.

If we transfer or store your personal data outside the EEA in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected, as outlined in this privacy policy. Where we use suppliers based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide similar protection to personal data shared between the EEA and the US.

Security

The transmission of information via the Internet or email is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of data while you are transmitting it to our site: any such transmission is at your own risk.

We have put in place security measures to prevent your data from accidental, loss or disclosure. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

Where we have given you (or where you have chosen) a password, so that you can access certain parts of our site, you are responsible for keeping this password confidential. You should choose a password that it is not easy for someone to guess.

In the event of a data breach, we will notify the ICO and you in the event that the breach results in any likelihood of loss or damage to you.

Data retention

The length of time that we retain and store data depends on the purpose for which it was collected. We will only store data for as long as is required to fulfil that purpose, or for the purpose of satisfying legal requirements.

It is a legal requirement that we keep certain data about our customers and suppliers for at least six years. The type of data includes Contact, Identity, Financial and Transaction data.

Where you have requested that we provide you with marketing materials, we will retain your data until such time as consent is withdrawn by you.

Use of cookies & tracking pixels

Our use of cookies and tracking pixels is detailed in our Cookies Policy. We use cookies [and tracking pixels] to gather information about your computer for our services and to provide statistical information regarding the use of our Website. Such information will not identify you personally - it is statistical data about our visitors and their use of our Website. This statistical data does not identify any personal details about you whatsoever.

We may also gather information about your general Internet use by using a cookie file [and/or a tracking pixel file]. Where used, these cookies and tracking pixels are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer, as cookies contain information that is transferred to your computer's hard drive. [A tracking pixel is not stored on your computer.] They help us to improve our Website and the service that we provide to you.

All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our Website. Where we work with advertisers on our Website, our advertisers may also use cookies and/or tracking pixels, over which we have no control. Such cookies and/or tracking pixels (if used) would be downloaded or displayed respectively once you click on advertisements on our Website.

Your rights

The GDPR gives you a range of rights in relation to the personal data that we collect from. You have the right to:

Access your personal data. This right is commonly known as the ‘data subject access request’ and enables you to receive a copy of the personal data we hold about you. You will not need to pay a fee to access your personal data unless we can justifiably demonstrate that the request is repetitive or excessive. We will respond to all legitimate data access requests within one month, but we may need to obtain further information from you in order to confirm your identity and the legitimacy of the request.

Request update of the personal data. This enables you to have any incomplete or inaccurate data corrected.

Erasure of your personal data. This enables you to ask us to delete personal data where there is no justifiable reason for us continuing to retain and process it. We may not always be able to delete the data, such as if there is an ongoing contractual relationship between us or if we are legally required to retain the data.

Object to processing of your personal data where we are relying on consent or our legitimate interests (or those of a third party) as the justification for processing the data.

Restrict the processing of your personal data. This enables you to ask us to change the processing of your personal data. For example, you may wish to vary the basis on which we contact you.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, machine-readable format.

Withdraw consent. Where we are relying on consent to process your personal data, you may withdraw that consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You can exercise these rights at any time by writing to us at the address detailed above, or by email to joindougjames@gmail.com.

Third party links

You might find links to third party websites on our website. If you click a link to a third-party website and visit that site, you may be allowing that site to collect and share certain data about you. These websites should have their own privacy policies, which you should check. We do not accept any responsibility or liability for their policies whatsoever, as we have no control over them.

Complaints

If you wish to raise a complaint regarding our use of your personal data, then you can contact the Information Commissioner’s Office (ICO), which is the UK supervisory authority for data protection issues (www.ico.org.uk).

If you do wish to raise a complaint, then we would welcome the opportunity to discuss your concerns before you contact the ICO, to see if we can resolve the issue for you.

Changes to this policy

We may update these policies to reflect changes to the website and customer feedback. Please regularly review these policies to be informed of how we are protecting your personal data.

We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us.

Version: December 2020

These terms and conditions (Terms and Conditions) set out the terms on which you may lend money through Compound Together Limited (the “Firm”).
1. Introduction
1.1. By acknowledging/signing these Terms and Conditions you agree to be bound by them.
1.2. This document should be read in conjunction with the following documents which set out the basis of your and the Firm’s dealings with each other:
1.2.1. each Loan Contract you enter into
1.2.2. the project Due Diligence Report
1.2.3. the Firm’s Privacy Policy
1.3. References to “you” and “your” relate to you as the lender, whether an individual, a
partnership, an LLP a limited company or any other legal entity acceptable to us.
1.4. References to the Security Agent are to the security agent named in a given Loan Contract and its related Security Documents.
1.5. References to “Borrower” are to a borrower or potential borrower in respect of whom the Firm makes a loan available to you to invest in through its agency from time to time.
1.6. References to Loan Contract and Security Documents are to individual documents entered into during the process of lending to a Borrower.
1.7. Whether you are acting on your own behalf or on behalf of a partnership, Limited Liability
Partnership (LLP) or a Limited Company, by using the services provided by the Firm then you
confirm that you have read and understood these term and conditions (or subsequently
updated versions). In addition, if you are acting for a partnership, LLP or Limited Company,
you confirm you are authorised to act on their behalf.
1.8. If, after reading these Terms and Conditions, you feel are not able to act upon them, or be
bound by them, then you should not proceed to access the Firm’s services.
1.9. In cases of a conflict between these Terms and Conditions and the Loan Contract, the Loan Contract will prevail.
2. Eligibility to become a lender
2.1. To become an investor / lender with the Firm, the following criteria must be met:
2.1.1. you must be an individual, LLP, or Limited Company;
2.1.2. if you are an individual you must be over 18 years of age; and
2.1.3. you must have and maintain a UK bank or building society account in your own name
from which loan subscriptions will be made and into which repayments of capital and
interest will be credited.

2.2 Searches with credit reference agencies will be undertaken to verify the identity of all lenders and relevant connected persons such as company directors.
2.3 During the initial lender registration process you warrant that:
2.4.1. the information you provide to the Firm is true and accurate;
2.4.2. you are not aware of any circumstances, events or proceedings which could result in
you being unable to fulfil your lending commitments; and

2.4.3. you will inform the Firm of any circumstances or events that occur which could result
in you being unable to fulfil your lending commitments.

2.5. All money you provide to a Borrower pending drawdown will be held in a designated bank
account of the Borrower in respect of which at least one of the Firm’s officers shall have a
mandate to operate (the “Borrower Holding Account”).
3. Registering with the Firm as a lender
3.1. Upon acceptance as a lender, as well as providing an email address, physical mailing address and contact telephone numbers, you may be requested to provide answers to additional questions in order to assist in identifying you.
3.2. You must provide the Firm with the bank account details for the account from which you will make loans and into which the Borrower will make repayments.
3.3. If you authorise another person to act on your behalf, you will be responsible for their
discussions and actions with us.
3.4. The Firm maintains the right not to deal with anyone whom it believes is not you, not acting with your authority or where it suspects that potentially illegal or fraudulent activities are being attempted or are being carried out.
3.5. You must immediately notify the Firm if you suspect or discover that your identity details have been compromised. Before further actions or decisions can be taken the Firm will re-verify your identity.
4. Loan Subscription Process
4.1. The Firm will provide you with information supplied by the Borrower and obtained by it about the Borrower. All documentation provided is for guidance only – it does not constitute advice or a recommendation by the Firm and you must come to your own conclusion in relation to the perceived level of risk you would take by lending. Whilst the Firm will endeavour to assess all aspects of an application, ultimate responsibility as to whether to lend or not lies with you.
4.2. Lenders will review the Borrower’s application and may subscribe to lend a specified sum.
4.3. The Firm’s lending team will vet your application to lend and will notify you in writing if your subscription is successful in whole or in part. The Firm will have absolute discretion as to whether to accept your subscription request and will not be required to inform you of the
reasons for any rejection. The loan allocation process will be determined by the Firm’s staff
on a manual basis rather than through automated electronic processes.
4.4. Subject to clause 4.3, the Firm will allocate a Borrower’s total borrowing facility requirement to lenders on a first-come, first-served basis. All lenders providing a loan facility to a Borrower will fund loan drawdowns on a pro-rated basis by reference to the size of their loan facility.
4.5. In order to secure your subscription allocation, you must fund the Borrower Holding Account and execute the Loan Contract with the Borrower. The Loan Contract comprises Loan Terms and Conditions, which contain standard provisions that will be common to all loans you enter into through the Firm, and a Term Sheet, which describes the terms of a specific loan (for example, as to amount and identity of the parties) and an Acceptance Notice through which you and the Borrower execute the contract. The Loan Contract constitutes a bilateral agreement that is personal to you and the Borrower. We and the Security Agent will undertake the administration of the loan as agents of you and the Borrower and are parties to the Loan Contract in this capacity.
4.6. The Borrower’s minimum borrowing requirement must be achieved from all lender pledges as a condition to the Borrower entering into the Loan Contract with you.
4.7. Once you have made a subscription, it cannot be withdrawn and your loan commitment shall be paid to the Borrower unless:
4.7.1. your subscription is unsuccessful; or
4.7.2. the Borrower fails to complete the loan.

4.8. The Borrower shall agree that any money you have paid to the Borrower Holding Account that is not drawn down will be returned to the account you have nominated in accordance with clause 3.2 above.
5. Your relationship with the Borrower and the Security Agent
5.1. Your relationship with the Borrower will be set out in the Loan Contract, which shall include a Term Sheet, containing the provisions of the loan that are specific to your loan to the Borrower, and the Loan Conditions, which will apply to all lenders funding the Borrower’s borrowing requirements.
5.2. We require Borrowers to appoint a Security Agent in order to discharge the Borrower’s duties to you in the event that it defaults under the Loan Contract. The scope of the Security Agent’s appointment will be set out in the Security Documents.
6. Assumption of obligations of and by the Firm and the Security Agent
6.1. In the event that the Firm becomes or appears likely to become insolvent, it shall cease to offer new loans for investment and the Security Agent shall become responsible for the
administration and winding up of existing loans.
6.2. All rights (including rights to fees and rights to enforce Loan Contracts) and obligations
pertaining to the Firm under these Terms and Conditions and any Loan Contracts and Security Documents shall attach to and be exercisable by and against the Security Agent upon the Security Agent providing you, the Borrower and any other relevant parties with written notice of the same.
7. Lender Fees
7.1. No fees are payable to register as a lender or to make a loan. All costs in relation to the credit assessment process are paid by the Borrower.
7.2. The Firm may introduce lender fees over time as the service develops. Any such fees will not apply to existing loans you hold through the Firm and will be disclosed to you as part of the investment process.
7.3. If you or any person within your control conducts any investment transaction with a Borrower whose details are provided to you in connection with a transaction through the Firm, or an associate of such Borrower, then the Firm shall be entitled to fees in respect of such transaction regardless of whether the transaction was conducted through the Firm. This includes any type of investment transaction that the Firm and its associates facilitate and is not limited to lending transactions. If such a transaction is completed without the Firm’s consent, the Firm shall be entitled to recover 125% of its (or its associate’s) then current standard fees for such a transaction (e.g. [application, facility and loan management fees] charged to Borrowers) as if it had been conducted through the Firm or its associate. If such a transaction is completed with the Firm’s consent, the Firm shall be entitled to recover its (or its associate’s) then current standard fees for such as transaction as if it had been conducted through the Firm or its associate. The Firm shall not apply a fee where: (1) you and the Borrower knew each other in an investment context prior to dealing with each other through the Firm; and (2) the Firm has consented to such transaction (such consent not to be
unreasonably withheld upon receipt of satisfactory evidence pertaining to the matters in (1)
above). You and the Borrower shall be jointly and severally liable for any fees incurred in
respect of a transaction concluded without the consent of the Firm.
8. Interest and Capital Repayment Process
8.1. Interest, facility fees and capital payments along with any applicable fees from each Borrower to the Firm and the Security Agent will be paid into a Borrower Holding Account prior to distribution to the appropriate person. The repayment terms are set out in the Loan Contract.

8.2. All repayments in respect of interest to UK individuals will be made on a net basis i.e. after deduction of income tax at the basic rate.
9. Missed Repayments and Events of Default
9.1. Where a Borrower misses a payment or makes only a partial repayment, the Firm, the Security Agent or an appointee, will contact the Borrower to collect the due payment.
9.2. If within a reasonable period of time the overdue payments are not made, the Security Agent will, where it considers it to be in the best interests of all lenders, enforce the security in accordance with the provisions of the Security Documents.
10. Termination
10.1. If you no longer wish to be a lender, and you have no loans currently outstanding, then you may inform the Firm and it will archive your details.
10.2. If you have outstanding loans you can either:
10.2.1. let the loans run to their maturity date, or
10.2.2. assign your loan(s) to other lenders but only if other lenders can be found. A fee will
be payable to cover the administrative cost of this exercise.

10.3. The Firm may also terminate your participation as a lender in respect of new loan applications for any reason. This may, but not exclusively, include:
10.3.1. any breach by you in these Terms and Conditions or Loan Contract;
10.3.2. you are suspected of committed fraud, money laundering or other criminal activities;
10.3.3. any activity which could bring the Firm’s reputation and that of other lenders into
disrepute;
10.3.4. the Firm ceases to offer the loan brokering service.
11. Notices
11.1. Any notice under these Terms and Conditions from you to the Firm should be sent to:

Compound Together Limited
C/O Empowered Trustees Limited,
Felcourt Farm,
Felcourt Road,
Felcourt,
East Grinstead RH19 2LQ
Attention: Lars Ian Singleton

11.2. Any notice under these Terms and Conditions from the Firm to you shall be sent using the contact details you provide pursuant to clause 3 above. If your details change, it is your
responsibility to notify the Firm of such change.
12. Other Terms
12.1. The Firm does not provide investment advice or electronic peer-to-peer lending system
services and it is not subject to regulation by the Financial Services Authority. You may lose
money when engaging in lending activity and you will not have recourse to the Financial
Ombudsman Service or the Financial Services Compensation Scheme if you lose money or
have a complaint about the Firm. If you are in any doubt about any loan then you should
consider seeking independent advice from an appropriately qualified professional.
12.2. The Firm accepts no responsibility for any actions you may or may not take in respect of the content on its website or information you may obtain from the Firm.

12.3. Whilst the Firm will take reasonable steps to check the accuracy of information provided by Borrowers it makes no representation or warranty to you as to such accuracy.
12.4. When supplying or uploading information to the Firm you undertake that you have taken all reasonable precautions to ensure the files are virus free.
12.5. The Firm takes precautions to protect its systems and computers from viruses but if they do occur the Firm accepts no liability for them. It is your responsibility to install suitable anti-virus programmes on your computer.
12.6. The Firm’s website may contain links to third party websites. It accepts no responsibility or liability for the contents of such websites.
12.7. All the information you provide to the Firm will be used in accordance with its Privacy Policy.
12.8. The Firm own all present and future copyright, trade marks and designs (registered and
unregistered) and intellectual property rights in its website.
12.9. The Firm will not be liable to you for any loss or damage you may suffer by using any of its services except where the losses or damages have arisen from its breach of these Terms and Conditions. The Firm will not be held responsible where any breach was as a result of events or circumstances outside of its control. The Firm’s liability to you and your liability to the Firm will be limited to the amount of the loan or £2,500 whichever is the lowest. Nothing in these Terms and Conditions shall exclude or restrict any liability which cannot be lawfully excluded.
12.10. These Terms and Conditions will apply at all times when you are party to a Loan Contract and the provisions of these Terms and Conditions will continue to be enforceable in respect of obligations incurred prior to termination of all Loan Contracts. The provisions of clause 7.3 shall continue to apply for two years following termination of these Terms and Conditions or two years following termination of the Borrower Terms and Conditions, whichever is the later.
12.11. From time to time the Firm may amend or vary these Terms and Conditions and will inform you when it does so. The Firm will not make amendments that are to your detriment in respect of outstanding loans.
12.12. If any part of these Terms and Conditions is found to be illegal, invalid or unenforceable by any court or regulatory authority, the remainder shall continue in full force and effect. No single or partial exercise, or failure or delay in exercising any right, power or remedy by either you or the Firm shall constitute a waiver by either party or preclude any further exercise of that, or any right, power or remedy arising under this Terms and Conditions
12.13. These Terms and Conditions are governed by English law and the courts of England will have non-exclusive jurisdiction to settle any disputes that may arise in relation to them.

These Terms and Conditions apply to a person who applies for or receives a Loan through the Compound Together website. The Compound Together website is operated by Compound Together Limited. References to “we”, “us” or “our” in these Terms and Conditions are to Compound Together Limited. The Security Agent is also a party to these Terms and Conditions and may enforce its provisions against you directly.

2. By completing a Loan application, you are applying to borrow money that may be lent to you directly by a syndicate of lenders that we will put together. We or any of our associates may participate in any such syndicate. Your borrowing will be governed by a series of individual loans constituted by Finance Documents. In the event of conflict between the provisions of these Terms and Conditions and a Finance Document, the Finance Document shall take precedence. Capitalised terms used in these Terms and Conditions shall bear the meaning ascribed to them in the Offer Letter.

3. Only UK incorporated companies may borrow through Compound Together unless Compound Together expressly confirms otherwise.

4. If we make an offer to you under the Offer Letter, you will be given a period in which to confirm whether you wish to take up the offer by completing the Acceptance Notice. We will be entitled to withdraw or amend the offer contained in the Offer Letter for any reason at any time up until the loan monies are made available to you. You may contact us at any time to ask questions about the Offer Letter, the Loan Conditions or any other related documentation, using the contact details provided on our website.

5. Syndicated lending involves spreading your borrowing across multiple loans between you and multiple lenders. We consider each application to borrow or to lend on its merits and do not use automated electronic systems to determine allocations. Lenders have the right to assign their loans to other lenders that we approve of and this will not affect your obligations to make payments under the Loan Contracts.

You authorise us to enter into all documentation (including an assignment) and arrangements necessary to enter into or assign Loan Contracts, provided that this achieves the Borrowing Requirements, as set out in the Offer Letter. For these purposes, in transferring a loan, we may alter the breakdown of the
amount due as between the interest rate and fees without this constituting an alteration of the Borrowing Requirements, so long as this does not affect the total amount you pay. The identity of lenders will not generally be disclosed to you. Any withdrawal rights you have under the Loan Conditions will only apply by reference to the time that you accept the Offer Letter.

6. You authorise us, both for our own account and on behalf of the lenders who lend to you, to rely on the information you have provided in applying for a Loan. If you supply inaccurate information that is material to the decision to lend, this will constitute a breach of the Loan Contract and entitle us to demand immediate repayment of sums due under it and any related damages.

7. If you apply online, as part of the application process you (or your intermediary) will need to provide a username and password which will enable you to access your online account. You must not disclose usernames, passwords or other secure information to any other party, save for any professional intermediary whom you may authorise to access your account on your behalf. We are entitled to treat instructions validated with your password as genuine. Where we believe the integrity of our systems could be compromised by you providing your username and password details to an unauthorised third party, we reserve the right to block online access to your account and take such other reasonable action as may be necessary to protect us or you. Where your account is blocked in these circumstances, we will not be liable for any resulting loss.

8. We may accept or reject Loan applications at our absolute discretion. If you or any of the directors or principals of your business have been made bankrupt or been associated with a business that has become insolvent, please contact us to discuss before submitting your application.

9. You must provide us with the account details of the bank account from which you intend to make and receive payments (your "Nominated Account"). Your Nominated Account must be in your name and be held with a credit institution that is acceptable to us. We may collect, or instruct the Security Agent to collect money from your Nominated Account pursuant to the Direct Debit guarantee.

10. You must open a bank account into which lender monies will be paid pending drawdown of any facility (your, “Holding Account”). We will nominate one or more persons whom you must appoint to act as the sole signatories on the Holding Account so that payments can only be made out of it by those persons. The Borrower undertakes not to permit any change to the persons authorised to operate the Holding Account without our written consent and shall indemnify us for any attempt to do so. We may from time to time specify such conditions to the operation of the Holding Account as we see fit, including without limitation, conditions whose purpose is the protection of lender interests, in light of any requirements that the account-holding bank may impose.

11. The fees you must pay in relation to applying for and receiving a Loan are set out in the Tariff and ongoing fees will be further described in the Offer Letter. Application Fees will be non-refundable, regardless of whether your application to borrow is successful or not.


12. If you or any person within your control conducts any investment transaction with a lender whose details are provided to you in connection with a transaction through us, or an associate of such lender, then we shall be entitled to fees in respect of such transaction regardless of whether the transaction was conducted through us. This includes any type of investment transaction that we or our associates facilitate and is not limited to lending transactions. If such a transaction is completed without our consent, we shall be entitled to recover 125% of our (or our associate’s) then current standard fees for such a transaction (e.g. application, facility and loan management fees charged to borrowers) as if it had been conducted through us or our associate. If such a transaction is completed with our consent, we shall be entitled to recover our (or our associate’s) then current standard fees for such as transaction as if it had been conducted through us or our associate. We shall not apply a fee where: (1) you and the lender knew each other in a financing or investment context prior to dealing with each other through us; and (2) we have consented to such transaction (such consent not to be unreasonably withheld upon receipt of satisfactory evidence pertaining to the matters in (1) above). You and the lender shall be jointly and severally liable for any fees incurred in respect of a transaction concluded without our consent.

13. We shall be entitled to enforce the terms of the Loan Contracts both for our own account and for the account of lenders without providing you with further evidence of our authority to do so. We may, upon providing you with written notice of the same, appoint any third party to administer loans on our behalf and to enforce the provisions of the Loan Contracts and these Terms and Conditions against you. These rights will, unless we notify you otherwise, survive our insolvency. You may be required to change the account details you use to make payments under Loan Contracts as part of us appointing a third party to administer loans.

14. If you default on your obligations under a Loan Contract, you or any guarantors may forfeit the security you provided under the Security Documents. If this security is insufficient to pay off the sums you owe, you run the risk of being made insolvent.

15. If we are required to sell any asset you have provided as Security, the proceeds of recovery shall be applied in accordance with the provisions of the Security Documents.

16. Should you choose to employ the services of an intermediary, your intermediary is responsible for disclosing to you their fees that relate to the advice or service that they gave to you in respect of your lending activities and your decision to take out a loan. Where an intermediary applies for a loan on your behalf, we may communicate directly with that intermediary without reference to you, unless you inform us otherwise immediately upon becoming aware of the situation.

17. We may pay a commission to your intermediary where we disclose this to you in the Offer Letter. We may also make, or procure the making of, facilitation payments in respect of fees you have agreed with your intermediary on your behalf pursuant to that notification.

18. Up-front intermediary fees shall be deducted from your Loan unless agreed otherwise.

19. If you are an intermediary, you must have obtained all necessary consents from your client, including, without limitation:

19.1 authority to pass on personal data in accordance with all relevant data protection laws;

19.2 consent to you entering these Terms and Conditions on your client's behalf; and

19.3 consent to payment of your fees, before completing this form and passing information about your client to us. We shall rely on information provided by you for the purposes of verifying the identity of borrowers in accordance with relevant anti-money laundering laws and you shall indemnify us in respect of any liability we suffer as a result of relying on you in this manner.

20. We comply with, and are registered as, data controllers under UK data protection laws and will take all reasonable care to prevent any unauthorised access to any personal data provided in connection with your Loan application. You may obtain further information about our registration by viewing the Data

Protection Public Register at www.ico.org.uk. Our Privacy Policy and Cookies Policy set out ways in which we can use personal data. If you do not wish your personal data to be used in this way at any time, you must tell us, but it may affect your ability to obtain a loan or continue borrowing.

21. We may carry out credit searches using the personal information provided (which may leave a record on the individual's credit file) and may carry out such searches on any individual associated with the borrower, including without limitation directors, shareholders and guarantors. We may monitor, record, store and use any telephone, email or other communication with you. We may use personal data for the purposes of administering and enforcing your contractual obligations under the loan and these Terms and Conditions, including passing such data to third parties that we use for these purposes. Any new information you provide may be used to update an existing record we hold for you.

22. Personal data will be retained for a reasonable time after enquiries are received by us (whether or not a Loan Contract is subsequently entered into) and in any event we will keep records for a minimum of six years where you borrow from or through us.

23. We may share the personal data we hold about you with other group companies to enable us to better understand your needs and for customer modelling, statistical and trend analysis, with the aim of developing and improving our products and services.

24. Where we use external third parties to process your information on our behalf for lending purposes, we may need to transfer your personal data outside the UK and the European Economic Area.

25. As part of the Loan application process, you must disclose to us any facts or circumstances which may result in a material adverse change to your business' financial condition, including but not limited to, any court proceedings, investigations or claims which are current, threatened, or in your opinion reasonably likely to occur.

26. We shall make information you provide to us and other information we may obtain from third party sources available to lenders, potential lenders and other third parties for the purposes of financing your loan. We may amend the information you supply to us or we obtain from third party sources for presentational purposes when passing it on to potential lenders and will not be responsible to you for any matter arising as a result of such amendment provided it does not render information supplied by you or the third party manifestly inaccurate. We are not under any obligation to check the accuracy of iinformation we receive from third parties in good faith unless you bring an inaccuracy to our attention
and we have no reasonable doubt as to its inaccuracy. You alone shall be responsible to lenders for the accuracy and completeness of information you have supplied to us and the provision of inaccurate information may result in a breach of the Loan Contract(s).

27. You waive any right to confidentiality or legal privilege your solicitor may otherwise owe in respect of disclosing information to us in respect of your application.

28. Either party may terminate its participation in these Terms and Conditions by providing written notice to the other provided that no amounts borrowed pursuant to them is outstanding and provided that all fees relating to work already conducted shall be paid in full in respect of any lenders introduced by us. Any Application Fees shall be payable in full upon acceptance of these Terms and Conditions regardless of whether the application process has been completed. Clause 11 shall survive termination of these Terms and Conditions, or termination of the lender terms and conditions, whichever is later, for a period of 2 years.

29. We or any delegate we appoint shall be entitled to enforce any provision of these Terms and Conditions or the Loan Contracts against you directly, whether acting on our own account or for the account of any other person lending pursuant to those documents. You shall be liable to us for any losses resulting from your breach thereof.

30. Each party's liability to the other is limited to loss or damage that is reasonably foreseeable, provided that this limitation shall not exclude liability for personal injury or death caused by negligence, for fraud or for any other liability the exclusion or limitation of which is not permitted by applicable law or regulation.

31. We endeavour to deliver a first-class service to our borrowers, but we recognise that there may be occasions when we fail to meet your expectations. If you have a complaint, then you can contact us by post at: 9 Park Lane Business Centre, Park Lane, Langham, Colchester, England, CO4 5WR or by email at: info@compoundtogether.co.uk