By confirming your agreement to proceed you are accepting that we may each use your information in this way.
1.1 In this Agreement, the following words have a particular meaning as set out below:
“Bank Account” means the bank account details you gave to us in your application.
“we”, “us” and “our” means Tallaght Financial Limited trading as Cubefunder.
“Repayments Due Dates” the date stated in the Key Features on Page 1 of this Agreement being the dates on which the loan instalments fall due
“Total Amount Payable” means the amount of credit and charges you have to repay within the Term of the credit agreement.
“Working Day” means any day other than a Saturday, Sunday, bank holiday, or other public holidays in the UK.
“you” and “your” means you, the customer whose details appear at the top of this agreement.
2.1 This Agreement is between you and Tallaght Financial Ltd and comes into force on the date when it has been signed by you and us or on our behalf.
3.1 Our loans are only available to Private Limited Companies registered at Companies House in England or Wales who:
3.1.1 are solvent in our view;
3.1.2 have a registered office in England or Wales;
3.1.3 are in the opinion of the company able to afford the repayments on this loan; and
3.1.4 have a current bank account and operational debit card into which our loan can be electronically transferred and from where electronically debited loan repayments may be processed; and not:
3.1.5 currently in any negotiations for arrangement or compounding with creditors, nor in or about to enter any form of insolvency arrangements;
3.1.6 under notice of redundancy;
3.2 By signing this Agreement you confirm that you meet our requirements as set out in this clause 3 and expect to do so for the Term of this Agreement.
4.1 We will pay you the Total Credit Amount into your Bank Account when:
4.1.1 you have completed your application for a loan;
4.1.2 we have approved your application;
4.1.3 both you and we have signed this Agreement; and any additional documentation that may be required.
5.1 You agree to repay the Total Amount Payable by way of instalments on the Repayment Due Dates. It is a condition of this loan that you have a valid repayment method in place at all times.
5.2 You authorise us to collect payment of the Total Amount Payable or any other payments from your Bank Account by one of the following methods (as provided by you to us as part of your application):
5.2.1 a debit card authorisation; or
5.2.2 a direct debt instruction in respect of your Bank Account; or
5.3 You must ensure that there are sufficient funds in your Bank Account to cover payment on the Repayment Due Dates or any series of individual repayments as subsequently agreed.
We may agree at our absolute discretion to re-schedule the Term and repayments of your loan. This is most usually in the event that you are experiencing difficulty maintaining the agreed repayments. We retain the right to add further costs to the loan by dividing the ‘Fixed Lending Fee’ applicable to the year in which the loan re-schedule is affected by the duration of the agreement (‘Term’), and multiplying the resultant sum by the number of additional months added to the Term, to calculate the sum of further costs added to the Total Amount Payable.
7.1 If you do not pay us:
7.1.1 the amounts on in the Repayment Due Dates for a continuous period of 20 working days
7.1.2 threaten to cease making payments on the Repayment Due Dates
7.1.3 fail to repay the loan within the Term of the credit agreement
7.1.4 the rest of this clause 7 shall apply.
7.2 In the event that clause 7.1 applies:-
7.3 Tallaght Financial Ltd undertakes to attempt any agreed payment using the express consent granted by you on each occasion.
7.4 You can tell us at any time that you do not want us to use your Bank Account details as set out in clause 5 or this clause 7 to collect repayments due under this Agreement by emailing us at email@example.com or writing to us at Cubefunder 1 Thames Side, Windsor, SL4 1QS.
7.5 Please note that if you do tell us not to use your Bank Account or Debit Card details you will still need to provide an alternative method of repayment.
7.6 Under the terms of the Agreement between you and us, if you have tendered details of your debit or credit card, you give consent for us to make requests for payment to your bank or building society to debit the Total Amount Payable to us on the Repayment Due Dates.
8.1 We may terminate this Agreement and demand repayment of the sums you owe to us under it by serving you with such notice as we are required to provide by law if:
8.1.1 we discover that our decision to lend to you was based on inaccurate, misleading, or incomplete information;
8.1.2 you cease to comply with clause 3.1 of this Agreement;
8.1.3 someone serves a statutory demand on you or any other steps are taken (by you or another person) to make the borrowing entity become in liquidation, receivership, or administration, or unable to meet its liabilities, or insolvent in any other way;
8.1.4 you die; or
8.1.5 you breach the terms of this Agreement in a significant way.
9.1 You must tell us as soon as reasonably possible and in any event within 14 days if you change:
9.1.1 your registered office address;
9.1.2 your home telephone number;
9.1.3 your mobile telephone number;
9.1.4 your email address;
9.1.5 your business trading address;
9.1.6 your business telephone number;
9.1.7 your business bank account details; or your debit card details
9.1.8 you relocate your business or agree to sublet any part of your business premises
9.2 Interest on any sums which you owe to us under this Agreement and which are overdue may continue to be charged after any judgment has been obtained against you.
9.3 You agree that we may communicate with you by sending notices, information, and any statements to you in relation to this Agreement:
9.3.1 to the most recent address we hold for you;
9.3.2 by delivery to any email address you have provided to us; or
9.3.3 by delivery of an SMS to any mobile telephone number you have given to us.
9.4 We will not send enforcement notices, default notices, or termination notices by email or SMS. Where you have provided us with an email address, we may contact you by email in relation to your application and about any issue arising under the Agreement throughout the Term of the Agreement.
9.5 This Agreement is governed by the laws of England and Wales which will also govern the relationship between you and us before the conclusion of this Agreement. If the creditor is registered in England or Wales, this Agreement shall be subject to the jurisdiction of the courts of England and Wales. If the creditor is registered in Scotland, the Agreement shall be subject to the jurisdiction of the Scottish courts. All communications between you and us will be in English.
9.6 If we do not strictly enforce our rights under this Agreement (including our right to insist on the repayment of all sums due) or grant you an indulgence, we will not lose those rights and will not be prevented from insisting upon our strict rights at a later date.
9.7 There may be other taxes or costs, which are not payable through us or charged by us, which you have to pay in connection with this Agreement.
9.8 If any clause of this Agreement is found to be invalid or unenforceable, it will not affect any other clause which will continue in force.
9.9 We may transfer our rights and obligations under this Agreement (including our obligation to lend money to you or the amount you owe under this Agreement) to another company.
9.10 If at our absolute discretion we see the need to register a debenture or other legal charge at Companies House against the Company Name usually but not exclusively in the event of a breach or threatened breach of this agreement, we reserve the right to do so, and your signature as an authorised officer of your company irrevocably authorises us to do so.
9.11 In the event of default or threatened default in respect of the Loan Agreement, it is in the absolute discretion of Tallaght Financial Ltd (trading as Cubefunder) to have a restriction or a Unilateral Charge registered against any Title registered with the Land Registry in which the borrower and or any guarantors hold an interest.
10.2 If you have agreed that we may do so, we may send you information about our products and services and products offered by others which may be of interest to you. We will communicate marketing communications to you by direct mail, email, and/or telephone. We may also pass your information to other businesses to allow them to send details of their products to you. We will only pass your information to third parties to contact you by email if we inform you about the identity of the third party and you consent to receive email marketing communications from them. You have a right at any time to stop us from contacting you or giving details to others for these purposes by emailing us at firstname.lastname@example.org or writing to us at Cubefunder, 1 Thames Side, Windsor, SL4 1QN. You will also be able to click on the unsubscribe link contained in each email.
You also have a right to access the personal information that we hold about you. You may access your personal information at any time by contacting us at the address above. By signing this agreement, you agree that we may send any notice, copy of the agreement, or other information or communication in relation to this agreement, to you by electronic mail at the email address(es) provided to us by you during the loan application process or afterwards for purposes connected with this agreement.
11.1 Where you have been offered and have accepted a loan that has been designated and you have been advised that your loan is a ‘Gold’ loan, this indicates that you have been offered the loan terms that apply to the top 3 percentile of our expected customer base. By definition, and as a strict condition, every due loan repayment has to be met at the prescribed time with no missed or late payments for any reason.
11.2 As a part of the process of approving your ‘Gold’ loan, you will have been asked to sign a credit agreement on the next lower loan product which will attract a slightly higher ‘Cost of Credit’. We reserve the right to revert to applying the terms of this alternative product if you breach clause 11.1 above.
12.1 Cubefunder recognises that some borrowers may encounter difficulty on a short-term basis. If this affects your business, you are asked to request a ‘Loan Behavioural Compliance Notice’ which in effect will give your business an opportunity to spread any missed payments over an agreed term. Should we be unable for any reason to arrive at a mutually agreeable arrears payment arrangement then we reserve the right to appoint our nominated third-party debt negotiators ‘Courtney & Courtney’ who are authorised to negotiate on our behalf.
Glen Courtney is trading as ‘Courtney & Courtney’
ICO License Number – ZB261948
Address – 8 St. Andrews Close