- This application is made by the intermediary named overleaf (“You”/”Your”). If Maslow Global Partners Limited, a private limited company registered in England and Wales with registered number 13807373 and registered address at 15 Golden Square, London, England, W1F 9JG, trading as “Maslow Capital, (“We”/”Us”/”Our”), accepts Your application to become an introducer to Us in respect of the subject loan, We will notify You.
- Once Your application is accepted by Us in accordance with paragraph 1 above, a contract will be created between You and Us which incorporates these terms and conditions.
- We will carry out Our own assessment of persons You introduce to Us and any engagement with such persons is subject to You providing Us with sufficient documents to clear Our, and the relevant lender’s, client due diligence procedures (including KYC). You acknowledge that We, and the relevant lender, may reject any application for a loan from persons You introduce to Us for any reason.
- You shall ensure that You have fairly and lawfully obtained the details of persons included in this application, provided them with our privacy notice (found here: https://maslowcapital.com/data-privacy-notice-borrowers/) and are entitled to disclose such details to Us in accordance with the Data Protection Laws.
- We will arrange payment of the commission from the relevant lender to You in respect of the subject loan if it completes introduced to Us by You under this agreement on the scale agreed with your Maslow Capital Relationship Manager. We shall have no obligation to arrange payment of the commission to You if You fail to provide Us with such information to complete Our or the relevant lender’s client due diligence on the potential borrower. The commission payable by the relevant lender may be varied from time to time and We will write to You with updates as appropriate.
- This agreement does not give You any authority to carry out any activity on Our behalf, or to hold Yourself out as acting as Our agent or otherwise act on Our behalf.
- You shall not make any statements, or display or provide any materials to the potential borrower, about Us and the services We provide, except where these have been approved in advance by Us.
- You shall comply with all applicable laws and regulations, and maintain all authorisations, licences and permissions, applicable to the arrangements under this agreement (including, where applicable, authorisation from the Central Bank of Ireland under the Central Bank Acts). You must produce evidence of these authorisations, licences or permissions to Us for inspection when requested. You must notify Us of any correspondence You receive from any relevant enforcement or regulatory body which alleges any failure by You to observe their requirements. You must also notify Us of any events known to You which might give rise to such correspondence if those events were known to the relevant authority or regulator.
- You acknowledge and agree that under the Data Protection Laws You are an independent controller in respect of personal data processed in connection with this application.
- You shall assist Us in complying with all applicable requirements of the Data Protection Laws. In particular, You shall:
- ensure that You have all necessary notices and consents and lawful bases in place to enable lawful transfer of all personal data in relation to this application;
- notify Us as soon as reasonably practicable after becoming aware of any data breach affecting personal data shared with Us and provide Us with reasonable assistance and co-operation in responding to such breach;
- promptly forward to Us any data subject access request received and on Our request, provide reasonable assistance to the other party to respond to that request in accordance with applicable deadlines under Data Protection Laws.
- The arrangement with Us is not an exclusive one, so You may if You wish deal with other lenders or packagers, and We may deal with any other introducers as We wish.
- Both of us may at any time write to the other and give notice to end this agreement with immediate effect by email to (i) to You, to the email address set out in the application form and (ii) to Us, to bridging@maslowcapital.com.
- This agreement may be terminated by Us with immediate effect if You are in material breach of this agreement or if You have been found to have broken any law or regulations, including but not limited to breaches relating to anti-money laundering, sanctions, anti-bribery, data protection and, if applicable, any laws or regulations which permit You to carry out intermediary or broking business (including, if applicable, in Ireland).
- On termination of this agreement for any reason, We shall be under no obligation to continue processing or considering this application previously submitted through You.
- Termination of this agreement for any reason shall not affect any rights or liabilities that have accrued prior to termination or the coming into force or continuance in force of any term that is expressly or by implication intended to come into or continue in force on or after termination.
- Nothing in this agreement will restrict or prevent Us from dealing with any person You refer to Us whether during or after the term of this agreement.
- If You want to request any changes to this agreement, please notify Us in writing on company headed paper. No amendment to this agreement will take effect unless made in writing and executed by an authorised representative of You and Us.
- You shall not have any rights to assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of Your rights and obligations under this agreement. We may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of Our rights or obligations under this agreement.
- This agreement constitutes the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Each party acknowledges that in entering into this agreement it does not rely on and 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.
- Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- Except as expressly and specifically provided in this agreement all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
- Nothing in this agreement excludes Our liability:
- for death or personal injury caused by Our negligence; or
- for fraud or fraudulent misrepresentation.
- Subject to paragraph 23, and except as set out in paragraph 25, We shall not be liable whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation, restitution or otherwise for any loss, liability, claim, expense or damage (including but not limited to any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses) however arising under this agreement.
- Subject to paragraph 23, Our liability to You in connection with arranging payment of commission from the relevant lender under paragraph 5, whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall be limited to the amount of commission due to You from the relevant lender.
- 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 and construed in accordance with English law.
- Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim matter arising under or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
