Terms and Conditions
In the interests of confidentiality, all NACFB staff work under confidentiality and non-disclosure agreements.
If you would like a specific confidentiality and non-disclosure agreement for your organisation, please request this by email – email@example.com
NACFB – TERMS AND CONDITIONS OF BUSINESS
Agreeing to these terms & conditions creates a contract between your organisation and NACFB, done so by ticking the box ‘I/We agree to the Terms & Conditions of Business’. These are our Terms and Conditions of Business, and we ask you to take the time to read them. Any reference to ‘we’, ‘us’, ‘our’ or ‘company’ means NACFB. Any reference to ‘you’ or ‘your’, or any similar expression means the individual, company, or organisation with whom we will be working with. Any reference to ‘Patron’, means your named status once you have entered into this contractual agreement.
Patrons of the National Association of Commercial Finance Brokers (NACFB)
- YOUR PATRONAGE MEMBERSHIP:
Patronage to the NACFB is a minimum 12-month term, renewed on an annual basis.
You will be required to complete the online registration form which is the contractual agreement to subscribe to NACFB. If your registration is accepted, then you will receive a written confirmation by email that you have become a Patron of NACFB. Registration is assigned to you, and you are not allowed to re-assign the rights and obligations elsewhere without prior written consent.
Registration is assigned to the registered applicant firm only, and you are not allowed to re-assign the rights and obligations elsewhere without prior written consent.
Patronage is dependent on the payment of the Patron fee. The Patron fee is set out within your application and is due per annum. The NACFB will request that Patrons set up a Direct Debit with the NACFB to facilitate the payment of the patronage. The fee can be spread over the course of the 12-month membership.
No refunds are offered for cancellation of the Patronage within the 12-month period once the full fee or split direct Debit payment has been made. If you have set up a Direct Debit to pay the Patronage fee monthly and terminate the agreement within the 12-month period, you acknowledge that you are liable for the remining months fee until the minimum 12-month contractual term has been completed.
Patrons of the National Association of Commercial Finance Brokers are entitled to receive;
- A listing on the official NACFB portal, promoting the types of finance you provide
- You will receive invitations to a full diary of events, seminars, trainings and networking opportunities across the whole of the UK throughout the year
- You will receive a reduced rate for a stand at the annual NACFB Commercial Finance Expo at The NEC in June
- You will receive an invitation to attend the NACFB annual Gala Dinner and Awards Ceremony – tables of ten can be purchased
- We provide you the assurance that all NACFB Brokers are fully accredited before introducing business to you
- You will have access to our complete broker list – available upon request
- You can attend roundtable Lender meetings with Executive and Board Members of the NACFB to discuss and debate issues impacting the commercial finance industry
- You will have opportunities to hold joint Broker Days with the NACFB and sponsor a full suite of events
Your Patron fee includes the opportunity to submit thought leadership pieces for publication in our monthly magazine.
In addition, the NACFB provides a voice for all its members and the industry. Our Executive team are regularly to be found attending and speaking with the FCA, other financial trade bodies, the Bank of England, the British Business Bank and the department of Business Innovation and Skills, on various subjects including, any potential changes and the industry in general.
- DATA PROTECTION:
Where the NACFB processes and individuals details or other personal data in the fulfilment of this patronage, the NACFB warrants that it shall comply with all the requirements of the Data Protection Act 2018 and the GDPR and with any principles or regulations pursuant to it in connection with the processing of personal data, and specifically, it shall:
- Only process the Data for the purposes of the fulfilment of patronage.
- Ensure that appropriate technical and organisational measures are taken against unauthorised or unlawful processing of the Data and against accidental loss or destruction of, or damage to, the Data, so as to ensure a level of security appropriate to the harm that may result from unauthorised or unlawful processing of the Data and accidental loss or destruction of, or damage to, the Data;
- Take reasonable steps to ensure the reliability and integrity of personnel who have access to the Data; and
- Not disclose or transfer the Data to any third parties without the Patrons prior written consent unless required by law.
- Not disclose or transfer the Data outside of the European Economic Area without the Patrons prior written consent unless required by law.
For further detail on how the NACFB handle personal data, please read our Privacy Notice. A copy of our Privacy Notice is available on the NACFB website, or you can request an electronic copy of this sent to you.
You may provide notice to terminate your Patronage with the NACFB by emailing us at firstname.lastname@example.org, providing 1 months written notice.
We may terminate your Patronage to the NACFB immediately by giving you written notice if you breach the conditions of these Terms and Conditions.
You may terminate your Patronage with the NACFB immediately by giving NACFB written notice if NACFB breaches the conditions of these Terms and Conditions.
Upon termination of your Patronage status, all and any rights and licences granted to you under these Terms and Conditions automatically cease and you may not use any NACFB intellectual property.
If you terminate your Patronage within the 12-month period, you are still liable for any remaining fee due, under these terms and conditions.
Failure to pay your Patronage to NACFB: If you fail to pay any Patronage fee on the due date we may, without prejudice, suspend/cancel your patronage until payment has been made.
Where the Patron are in breach of these terms and conditions and the agreement is terminated, any remaining Patronage fee will be due and payable.
Where the NACFB are in breach of these terms and conditions and the agreement is terminated, any remaining Patronage fee will not be payable.
- COPYRIGHT AND TRADEMARKS:
You acknowledge that all intellectual property rights pertaining to NACFB that are utilised by your organisation, as a Patron, are owned by or licensed by NACFB.:
We hereby grant you a non-exclusive and non-transferrable licence to use such copyrighted material solely for the purposes of your Patronage status with NACFB in accordance with these conditions.
You undertake to follow the instructions given in the permitted use of the copyrighted material and any of our other intellectual property rights.
We reserve the right to terminate immediately your right to use any of the copyrighted material by giving you written notice if, in our opinion, your continued use could be prejudicial to the reputation of the Company and/or its other Subscribers.
We acknowledge that all intellectual property rights pertaining to You that are utilised by NACFB, are owned by or licensed by you.
You hereby grant NACFB a non-exclusive and non-transferrable licence to use such copyrighted material solely for the purposes of your Patronage status with NACFB in accordance with these conditions.
We undertake to follow the instructions given in the permitted use of the copyrighted material and any of our other intellectual property rights.
You reserve the right to terminate immediately NACFB’s right to use any of the copyrighted material by giving NACFB written notice if, in our opinion, NACB’s continued use could be prejudicial to the reputation of You
- OUR LIABILITY:
Neither party shall be liable to the other party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the Agreement for loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of damage to goodwill; and any indirect or consequential loss.
Each party’s total liability to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with the Agreement shall be limited to the total Patronage Fees paid under the Agreement in the 12 months preceding the date of such a breach.
We hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law, or equity. Nothing in these conditions shall have the effect of excluding or limiting any liability for death or personal injury caused by negligence or for fraud.
Subject to the remainder of this paragraph, each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients, or suppliers of the other party without the other party’s prior written consent.
Each party may nevertheless disclose the other party’s confidential information:
- to its employees, officers, representatives, or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement. Each party shall ensure that its employees, officers, representatives, or advisers to whom it discloses the other party’s confidential information under this exemption treat the information as confidential and do not disclose it otherwise than as permitted by this section 6.
- as may be required by law, court order or any other governmental or regulatory authority.
The confidentiality obligations in this section shall not, or shall cease to, apply to any information which:
- is in, or subsequently enters, the public domain other than as a result of a breach of this section 6;
- has been, or is subsequently, received by the disclosing party from a third party which is not under a duty of confidentiality in respect of that information.
- has been, or is subsequently, independently developed by the disclosing party without the use of the other party’s confidential information; or
- was previously known to the disclosing party free of any obligation to keep it confidential
Nothing in this Agreement is intended to or shall give rise to any relationship of partnership, joint venture or profit sharing in the nature of partnership between the Parties. No one other than a party to this Agreement shall have any right to enforce any of its terms.
- FORCE MAJEURE
Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control, including war, riot, civil commotion or terrorist attacks; fires, floods or storms; acts of God; and strikes, lockouts and other industrial disputes. The party experiencing such events, circumstances or causes shall use all reasonable endeavours to minimise the impact such events may have on the other party. The other party shall be entitled to terminate this Agreement in case that these events persist longer than 30 days.
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety (without the other party’s consent to its affiliate. Neither party may subcontract under this Agreement without the prior written consent of the other party. In the event consent is given, that party shall be responsible for the subcontractors acts and omissions as if they were its own.
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.
No variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
The waiver by either party of any breach of any provision of this Agreement does not waive any other breach. The failure of any Party to insist on strict performance of any covenant or obligation in accordance with this Agreement will not be a waiver of such Party’s right to demand strict compliance in the future, nor will the same be construed as a novation of this Agreement.
If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect.
- GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by the laws of England and the Parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of England.