Terms and Conditions

Defined terms
Appraisal Fee; the fee set out in clause 3.1 below
Arrangement Fee; the fee set out at clause 3.2 hereof
Commencement of the date on which We commence providing Credit Broking to You as detailed in this Agreement clause 1.1
Completion; the date any Finance Agreement with a Lender becomes effective following a Lending Proposal
Credit Broking; the Services Which We provide to You under this Agreement
Fees the Appraisal Fee, the Arrangement Fee or the Renewal Fee as the case may be(note no discretionary commission fees are receivable by the Broker in respect of any motor vehicle finance in accordance with the Motor Finance Instrument 2020)
Finance Agreement; a loan, credit or hire agreement
Finance Offer; a written offer setting out proposed terms of finance issued by any Lender whether such offer is conditional or unconditional or any replacement thereof
Lender; any lender to whom the Lending Proposal is presented. Please note the broker
Cannot confirm any proposal forwarded by them on behalf of the Client will be
Accepted by any lender.
Lending Proposal; the proposal prepared by Us setting out the requirements recorded in the Confirmation of Instructions provided in accordance with paragraph 1 of the attached Brokers’ Terms and Conditions as varied from time to time and notified to you in writing
Loan Amount; the sum of any amounts payable by a Lender to You following the issue of a Finance Offer by that Lender which has been accepted by You
Privacy Notice the Notice provided to You about how We process Your personal data (as defined in GDPR)
Renewal Fee the fee set out in clause 5.1 below.
Services the Credit Broking services we provide to You under this Agreement, including the introduction to relevant Lenders via a Lending Proposal prepared using your Confirmation of Instructions to obtain Finance Offers
The Regulated the Financial Services and Markets Act 2000(Regulated Activities) Order 2001
Activities Order
You, Your; the Client as referred to above
We, Our, Us the Broker as referred to above

1. Appointment of the Broker
1.1 This document sets out how We will deal with You in the provision of Credit Broking. We will start providing Credit Broking, and this Agreement will be dated, once We and You have signed this Agreement. This date will be the Commencement of this Agreement.

2. Standards Statement
2.1 Turk Finans Limited is an Appointed Representative of AFS Compliance Limited which is Authorised and Regulated by the Financial Conduct Authority. The Financial Conduct Authority (FCA) regulates financial services in the UK and You can check Our authorisation and permitted activities on the Financial Services Register by visiting the FCA’s website.
https://register.fca.org.uk/
2.2 Turk Finans Limited is a member of the National Association of Commercial Finance Brokers (NACFB). We adopt a strict Code of Practice and Minimum Standards set by the Association. You can check our membership status by contacting the NACFB on the below link.
https://www.nacfb.org/
2.3 Turk Finans Limited is a network member of the Synergy Commercial Finance Limited which means we have access to a wide panel of funders. As a result you may see references to Synergy Commercial Finance Limited in correspondence from the funders we introduce you to.

3. Appraisal and Arrangement Fees
3.1 Appraisal Fee
In consideration of the appointment, You will pay to Us an Appraisal Fee in cleared funds, for the purposes of assessing and preparing the Lending Proposal. The Appraisal Fee shall be paid on the Commencement of this Agreement (as detailed in clause 1.1).
3.2 Arrangement Fee
At the point the Finance Offer is made by a Lender to whom We presented a Lending Proposal, You will pay to Us, in addition to the Appraisal Fee in clause 3.1, an Arrangement Fee . Payment of the Arrangement Fee shall be made in cleared funds within 14 days of the date of issue of the Finance Offer by that Lender.

Subject to clause 3.3, You are required to pay the Arrangement Fee once the Finance Offer has been presented to You, regardless of whether or not You accept the Finance Offer and enter into a Finance Agreement with that Lender.
3.3 Refund of Fees etc
3.3.1 Unless the Lending Proposal comprises an application for a Regulated Mortgage Contract or Home Finance Plan (as defined by the Regulated Activities Order), You may be entitled to a refund of the [Appraisal Fees [and] the Arrangement Fee] if:
(a) You do not enter into directly or indirectly any other Finance Agreement with a Lender within a period of 6 months commencing on the date We submit a Lending Proposal, or if there is more than one Lending Proposal submitted by us, the first Lending Proposal; or
(b) within the period referred to in (a) You accept a Finance Offer and enter into a Finance Agreement but exercise a right to withdraw under section 66A of the Consumer Credit Act 1974 or a right to cancel under section 69 of the Consumer Credit Act 1974:
then We shall refund the Appraisal Fees paid under this Agreement less £5.00 in accordance with clause 3.3.2.
3.3.2 If clause 3.3.1 of this Agreement applies then the refund shall be paid by Us within 30 days of the end of the period referred to in 3.3.1. (a) above or the date upon which it is clear to Us (acting reasonably) that the Finance Offer will not proceed to a Finance Agreement, whichever is sooner.
3.3.3 If the circumstances referred to in clause 3.3.1 apply, and Fees have become due, they will cease to be payable.
3.3.4 For the avoidance of doubt, no Fees are refundable, nor will they cease to be payable, if the Lending Proposal comprises a Regulated Mortgage Contract or Home Finance Plan.
4 Client Acknowledgement
4.1 You acknowledge that:
4.1.1 You have been urged to seek such independent advice as You consider necessary before signing this Agreement;
4.1.2 We source Lending Proposals from a panel of lenders and you have been provided with the full details of any payments required by You or received by Us under all possible proposals put forward by Us. You understand that we may receive a greater level of fees on some products rather than others and that your decision to proceed with a particular product has been made from a position of full disclosure of such details by Us
4.1.3 We may receive commission or other payments from the Lender as well as receiving Fees separately from You pursuant to clause 3.1, 3.2 and 5.1 of this Agreement; for the avoidance of doubt these sums are subject to the terms of our arrangements with the Lender who pays that commission and will not be subject to the refund arrangements in clause 3.3 above. Full disclosure of any such commission payments has been made to You.
4.1.4 You have read the Brokers’ Terms and Conditions set out below and agree that they form part of this Agreement.
4.2 You consent that; You agree to pay the Fees.
4.3 You acknowledge that you are aware that We may receive commission from a Lender for the arrangement of a Finance Agreement and You have no objections to Us receiving that commission .

5 Renewal of this Agreement
5.1 This Agreement shall continue for a period of six months from the date We first submit a Lending Proposal for You at which stage, should You by then have not entered into a Finance Agreement, this Agreement will lapse. Should You then wish to continue receiving Credit Broking, after the lapse of the Agreement, if We have refunded any Fees payable by you under clause 3 above, You may request that We renew this Agreement upon payment of the Renewal Fee to Us of £ [xxx]. The Renewal Fee will be refunded by Us in the same circumstances and on the same conditions as is set out in clause 3.3 above, subject to You being entitled to a refund as provided by that clause. If we have not refunded any Fees under clause 3 above You may request that We renew the Agreement in writing by confirming that we may retain and not refund any Fees paid to date. If the paid Fees include an Arrangement Fee, this may be amended depending on any changes to the Loan Amount.
5.2 Should this Agreement be renewed under this clause, it will continue on the same terms, subject to the terms of this clause, save that:
5.2.1 the Renewal Fee will be payable in place of the Appraisal Fee (if it has been refunded); and
5.2.2 the Arrangement Fee will become payable (if not already paid), repayable, (if already refunded pursuant to clause 3.3), or may be adjusted (if already paid but on a different Loan Amount) on the making of any new Finance Offer, or if a Finance Offer previously made, has resulted in a Finance Agreement being signed by You. In these circumstances such payments will be subject to the same terms as to repayment as are set out in clause 3.3.

6 Mortgage Applications (“Mortgage Only Credit Broking”)

6.1 If Credit Broking pursuant to this Agreement is provided only to enable You to enter into a loan secured by a mortgage over land or property, You will sign the declaration below; in that case We are unable to, and will not, submit any other Lending Proposal for You for any form of unsecured Lending.
You have requested that we provide Mortgage only Credit Broking and You acknowledge by your signature below that we are unable to, and do not offer you, any lending or finance products which do not involve a mortgage over land or property owned by You. We will not provide any other credit broking services to You.