TERMS AND CONDITIONS

INTRODUCTION
Shire Securities Limited (“Shire”) (“We”, “Us”, “Our”) is a company incorporated and registered in England and Wales with Company Number 05881283 with their registered office at 1 Calico Business Park, Sandy way, Tamworth, B77 4BF.

Shire Securities Limited trades as both Shire Funding Solutions and Shire Merchant Services.

REGULATORY INFORMATION
Shire Securities Limited is authorised and regulated by the Financial Conduct Authority (FCA) and is permitted to act as both a lender and a credit broker. Our FCA firm reference number is (FRN 691855). You may check this information on the FCA’s Register by visiting the Financial Services Register, or by contacting the FCA directly on 0845 606 1234. Not all product types offered by Shire are regulated by the FCA.

CONTACT US
Should you have any additional questions about any information included in this document, please contact us directly.
Shire is available to answer queries via the following details:
• Address: 1 Calico Business Park, Sandy Way, Tamworth, B77 4BF
• Telephone: 01827 300357
• Website: https://shirefunding.co.uk/contact/
• Email: info@shirefunding.co.uk

SERVICES OFFERED
Shire provides finance solutions to business customers subject to status, eligibility and credit criteria. We want to help you find suitable funding that meets your business’s needs.

We are both credit brokers and lenders. We are not financial advisors.

We offer a range of products from a select panel of lenders. We will only provide details of any product(s) available from the funder (s) We work with, and will give no advice or recommendation. You must decide whether the finance products is right for you.

We will quote figures based on Our lender’s pricing. The lender reserves the right to change or decline these quotes based on receipt of the full proposal. We are not linked to any of Our lending panel members.

WHAT TYPES OF FINANCE DO SHIRE OR OTHER LENDERS OFFER?

Business Loans (secured and unsecured)
With a business loan, either Shire or your loan provider lends you a lump sum of money, which you repay over a specified period with interest. The money must be used for business purposes, such as marketing, working capital, equipment, or growth. Dependent on the circumstances, this loan is either secured or unsecured.

Merchant Services Agreement
The acquirer provides businesses with a card processing service equipment (accepting and processing of card payments). In return, the business makes monthly / quarterly rentals for a fixed period. At the end of the rental term, you must return the equipment to the supplier/lender.

Merchant Cash Advance
This is a short-term funding option for businesses in the retail and hospitality sectors. There is no interest to pay, just a facility fee.

Repayments are taken on a daily basis as a fixed percentage of your card sales.

Any finance product offered will be based on your needs and the information provided. For details of whether your finance agreement is regulated by the Consumer Credit Act 1974 will be set out in the term of the Agreement.

If you are an incorporated bodies (e.g. limited company) your finance agreement will not be regulated.

THE APPLICATION PROCESS
Where We act as a broker and do not fund your agreement ourselves, with your permission We may approach more than one lender to obtain credit acceptance where credit is rejected by the first lender approached. This may result in more than one credit search being registered (where applicable). Additional information may also be required by lenders. You acknowledge that any organisation approached for credit will need to undertake credit checks with a credit reference agency which will be recorded on your credit file and may have implications on your ability to obtain credit in the future. The selected lender may check this again using a credit search or check that may leave a footprint on your credit record.

We will keep you updated about the progress of your finance application. Of course, you are entitled to request an update at any time during the process. Where We decline a proposal or receive notice of a decline from a funder, We shall contact you accordingly.

If We receive a series of declines from funders for the same credit application, We will be available to discuss your options (this may include whether you wish Us to approach further funders and, as a result, complete further searches, which could impact your credit rating). Declined applications based on an automated scoring system can be reviewed manually on request.

DELIVERY & AVAILABILITY
Where any finance product selected includes the hire of any equipment, availability and delivery dates are provided to you at the point of order based on estimates provided to Us by the lender/suppliers. These estimates may be subject to change and are intended to be an estimate only. We endeavour to meet these estimates and confirmed delivery dates will be provided to you once confirmed by the lender/suppliers. If a delay occurs as a result of a supplier, Shire does not accept liability for any losses incurred as a result.

COMMISSION
Where we act as a lender for the arrangement of a loan or merchant cash advance agreement, this will incur an arrangement fee and you will be advised of this fee in advance of completing the loan / merchant cash advance agreement.

When acting as a credit broker for the arrangement of a loan, Shire will charge you a broker fee payable at offer and non-refundable for the introduction to the lender. Furthermore, when acting as a credit broker for the arrangement of a loan, merchant cash advance agreement and/or merchant services, we will usually receive commission which is a fixed percentage of the amount borrowed. All the lenders Shire work with pay at different rates, and with certain lenders Shire does have an influence over the interest rate and this is factored into the amount that is paid under the agreement and you acknowledge and agree that the commission payment will be retained by Us.

CUSTOMER RESPONSIBILITIES
For Us to fulfil our responsibilities to you, you must:

• Read the documentation provided to you, and let Us know if anything is unclear or does not represent your needs and requirements.
• Comply with the terms and conditions of agreements we may arrange for you.

CONFLICTS OF INTEREST
If through exceptional circumstances Shire or any of its directors or other customers has a material interest in the business you ask to be transacted for you, We will make you aware of the potential conflict of interest and We will obtain your consent before your instructions are carried out.

CANCELLATION POLICY
Full details of any cancellation period (cooling-off periods) (if any) will be included in your finance agreement with the lender/acquirer.

TREATING CUSTOMERS FAIRLY
At Shire, We always aim to treat customers fairly. We endeavour to conduct Our business with skill, care and integrity, be transparent, respect your confidentiality and not put Ourselves in a position where Our duty to you is compromised.

COMPLAINTS
If you wish to register a complaint or request a copy of our complaints handling procedures, please contact us:

• In writing: Customer Services Department, Shire Securities Limited, 1 Calico Business Park, Sandy Way, Amington, Tamworth, B77 4BF
• Via email: info@shirefunding.co.uk
• Website: https://shirefunding.co.uk/complaints-procedure/

Our business is covered by the Financial Ombudsman Service. If We are unable to settle your financial services complaint within 8 weeks of your initial complaint, you may refer the complaint to the Financial Ombudsman Service.

Financial Ombudsman Service
• Address: The Financial Ombudsman Service, Exchange Tower, London E14 9SR
• Phone: 0800 023 4 567
• Web: www.financial-ombudsman.org.uk
• Email: complaint.info@financial-ombudsman.org.uk

NON-PAYMENT
Non-payment of finance agreements may affect your credit rating and may result in action being taken via the County Courts. This may also affect your chances of being accepted for credit in the future. The lender may impose an administration penalty fee for late payment of monthly rentals.

WARRANTIES BY YOU
When you submit an application to Us or provide any information to Us you warrant and undertake to Us that the information provided is true and accurate in all material respects. If you are a body corporate (e.g. limited company) it is a requirement that your business is registered with Companies House; the business has a valid UK bank account to facilitate payments; the business has been actively trading for at least one year and has filed up-to-date accounts with Companies House for at least one year. You know of no reason why the company will not make the repayments in accordance with the terms of the Loan Agreement / Merchant Cash Agreement/Merchant Services Agreement. In completing and submitting a Loan / Merchant Cash / Merchant Services Application on your behalf We confirm that you have been given express authority to undertake all acts pertaining to the submission and fulfilment of a Loan / Merchant Cash / Merchant Services Application and Loan / Merchant Cash / Merchant Services Request. Including without limitation:

1. Authority to set up a Loan / Merchant Cash / Merchant Services account for the borrower
2. Authority to accept any Loan / Merchant Cash / Merchant Services request offer made following the Loan / Merchant Cash / Merchant Services application
3. Authority to agree to the deduction of the completion fee from the Loan / Merchant Cash / Merchant Services amount

COMPLETION OF FINANCE DOCUMENTATION
If your application for finance is successful we will notify you of the terms and if you wish to proceed we will send you the Loan Agreement / Merchant Cash/Services agreement and any other associated documents for signature. Once we are in receipt of the signed Loan Agreement / Merchant Cash/Services agreement then we will treat that as your irrevocable authority to accept the terms of the Loan Agreement / Merchant Cash/Services agreement on your behalf. Once we have communicated acceptance to the Lender then the Loan Agreement / Merchant Cash/Services agreement at that stage cannot be cancelled by you although the Lender is not obliged to provide the finance until it has executed the Agreement.

Use of Your Information
Shire Securities Ltd (“we”, “us”, “our”) is committed to processing your personal data in accordance with data protection laws. In order to process your application, We and Our funders to whom We may assign our agreements will perform credit and identity checks on you with one or more credit reference agencies (“CRAs”). We may also make periodic searches at CRAs to manage your account with Us. To do this, We will supply your personal information to CRAs and they will give us information about you. This will include information from your credit application and about your financial situation and financial history. CRAs will supply to us both public (including the electoral register) and shared credit, financial situation and financial history information and fraud prevention information.

We will use this information to:
• Assess your creditworthiness and whether you can afford to take the product;
• Verify the accuracy of the data you have provided to us;
• Prevent criminal activity, fraud and money laundering;
• Manage your account(s);
• Trace and recover debts; and
• Ensure any offers provided to you are appropriate to your circumstances.

We will continue to exchange information about you with CRAs while you have a relationship with Us. We will also inform the CRAs about your settled accounts. If you borrow and do not repay in full and on time, CRAs will record the outstanding debt. This information may be supplied to other organisations by CRAs. When CRAs receive a search from Us they will place a search footprint on your credit file that may be seen by other lenders. If you are making a joint application, or tell Us that you have a spouse or financial associate, We will link your records together, so you should make sure you discuss this with them, and share with them this information, before lodging the application. CRAs will also link your records together and these links will remain on your and their files until such time as you or your partner successfully files for a disassociation with the CRAs to break that link.

The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail at www.experian.co.uk/crain/index.html CRAIN is also accessible from each of the three CRAs – clicking on any of these three links will also take you to the same CRAIN document:

Callcredit             www.callcredit.co.uk/crain
Equifax                 www.equifax.co.uk/crain.html
Experian               www.experian.co.uk/crain/index.html

You can find further information about how We collect, use and disclose personal information about you in Our Fair Processing Notice which can be found at www.shirefunding.co.uk/fair-processing-notice/ and our full Privacy Policy on Our website at www.shirefunding.co.uk/privacy-policy/. The Privacy Policy also provides full details of your rights and how you can exercise them, including Our retention periods and how We may use automated decision making processes, however these will only be used to make decisions to provide finance and no application will be rejected on the basis of an automated decision.

We may pass information to third party finance providers or funders to consider and manage any credit provided. Any agreement may be assigned to these funders. A list of Our funders to whom applications may be introduced or who provide funding to Us is available on Our website at www.shirefunding.co.uk/privacy-policy/. Alternatively hard copies of Our funders contact details can be provided upon request. You may contact our Data Protection Officer at Shire Funding Solutions, 1 Calico Business Park, Sandy Way, Amington, Tamworth, Staffordshire, B77 4BF if you have any queries about your data or wish to exercise any rights.

INDEMNITY
You agree to indemnify and keep Us indemnified on demand and on a full indemnity basis against all and any claims, costs, expenses, fees, charges, losses, proceedings, demands, liabilities incurred or suffered by Us in connection with or arising at any time out of your application and the finance agreement. I/we agree that you can send documentation to the following email address is PDF format.
……………………………………………………………………………………………………………….
I/We declare that I/we have read and understood fully the details requested in this application and our terms and conditions and confirm:

That to the best of my/our knowledge and belief the information I/we have given is true and accurate and I/we am/are not aware of any matters or circumstances which I/we have not disclosed to you which might influence you in your decision whether or not to provide a finance facility to me/us.

I/we declare that as far as I/we am/are aware the business is not currently the subject of any proceedings for, nor has any other step been taken towards, formal insolvency under the insolvency act 1986.