Terms of Business
The Consumer Credit Centre provides a business focused Compliance and Training & Competence consultancy service.
The aim of the service is to:
- Deliver enhanced services at lower cost
- Provide information to ensure that your firm can remain compliant
- Release management time for productive use
- Provide other significant business benefits
These Terms of Business (“Terms”) govern the Consumer Credit Centre service offered by SimplyBiz and by using the Consumer Credit Centre service, you are deemed to have accepted these Terms.
In these Terms, a reference to “we” means Consumer Credit Centre and a reference to “you” means your firm.
Our commitment to you
You will receive and/or have access to all of the core compliance and business support services provided by Consumer Credit Centre, as set out below and updated from time to time. All other services that become available as a part of the Consumer Credit Centre service or as additional services will be outlined in our Online Member Portal.
The following services are included in The Consumer Credit Centre service:
- Regulatory Support
- Access to the Compliance Helpdesk
- Compliance Document Templates
- Regulatory Updates
- PII Sourcing Support
In addition to the above, The Consumer Credit Centre will provide information and support to you via its website, via e-mail, by bulletins and by being available to you to discuss developments, problems or concerns.
You will also have access to the following additional services, which are not included in your membership fee:
- Additional Compliance Visits
- Training & Competence Service
- File Check Services
Arrangements for payment for the above services will be agreed with you at the time of subscription.
Membership Fees
Consumer Credit Centre Package
The Consumer Credit member fees are split based on the level of FCA authorisation your firm holds:
- Limited permission firms are subject to fees of £25 plus VAT per month
- Full permission firms are subject to membership fees of £60 plus VAT per month
In accordance with our standard practice membership fees will increase by 5%, or inflation (whichever is higher), on the 1st January each year.
Cancellation Policy for Compliance Visits
Should you request an on site visit from one of our Field Officers, as this is resource intensive, this cancellation policy is designed to recognise this along with the value of your own time.
The Compliance Visit cancellation costs set out below are to be reciprocal between you and us. Therefore, if we cancel an appointment, we will pay you the relevant costs as set out below and if you cancel an appointment, you agree to pay us the relevant costs, these costs being as follows:
Appointments booked for an on site visit from a Consumer Credit Centre Field Compliance Manager will carry a charge if cancelled by the Member Firm within the following timescales:-
- If an appointment is rearranged or cancelled more than 14 days before the scheduled visit, there will be no charge.
- If an appointment is rearranged or cancelled less than 14 but more than 7 days before a visit, the amount payable is £100.
- If an appointment is rearranged or cancelled less than 7 days before a visit, the amount payable is £150.
References to “days” here include weekends.
In the first instance, should the Member Firm wish to cancel they should contact the Field Officer the appointment is booked with to see if the appointment can be arranged within the same week and so avoid the charge. Alternatively, the only other further discretion that can be applied is by their Senior Manager.
You will receive a notification e-mail from our finance team giving details of the total charge and when this amount will be taken by Direct Debit. You will receive this e-mail at least 10 days prior to the DD collection.
Termination of this Agreement
Termination without cause
Your Consumer Credit Centre membership is for an initial term of a minimum of 12 months. If either you wish to withdraw from the Consumer Credit Centre service or if we wish to cease providing the service to you, either party must give to the other at least 1 months written notice of its intention to do so.
Termination of this agreement as set out in the preceding paragraph will result in the cessation of all services provided to you by The Consumer Credit Centre. Upon termination, you shall pay to us any outstanding fees in respect of services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt.
Termination for cause
Nothing in the preceding clause will prevent The Consumer Credit Centre from exercising the right to cancel, with immediate effect, any engagement with a firm which has or could put at risk the reputation of The Consumer Credit Centre or any of our associated firms or if you do not abide by these Terms or if your firm does not make payment for any Consumer Credit Centre services when due.
Termination of this agreement as set out in the preceding paragraph will result in the cessation of all services provided to you by The Consumer Credit Centre. Upon termination, you shall pay to us any outstanding fees and, in respect of services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt.
Dispute Resolution
In the event that you are dissatisfied with any aspect of our service or you should wish to register a complaint, please contact us via email: info@simplybiz.co.uk or call 01484 439 100. A Director or Senior Manager who was not directly involved in the task or project concerned will investigate your complaint.
In the event that direct discussions are not able to resolve the issue within 30 days of The Consumer Credit Centre being informed of the issue, we both agree to submit to arbitration in accordance with the Chartered Institute of Arbitration Rules and the Chartered Institute of Arbitration will appoint an arbitrator. To initiate the arbitration, a party must give notice in writing (“ADR notice”) to the other party requesting arbitration. The arbitration, where possible, will start not later than 20 days after the date of the ADR notice.
Should you have any queries relating to fees and/or expenses these should be raised within 5 business days from receipt of the invoice.
Limit of Liability
Should it be found that The Consumer Credit Centre has been negligent in the delivery of its duties under these Terms or acted in breach of those duties or otherwise, then the maximum amount payable to you under any circumstances would be a sum up to (but no more than) a full refund of the membership fees paid by you to The Consumer Credit Centre during the preceding twelve months.
The Consumer Credit Centre shall not be liable to you for loss of profits, loss of business, depletion of goodwill or for any special, indirect, consequential or pure economic loss, costs, damages, fees or expenses.
Use of Personal Data
Part of the service that The Consumer Credit Centre provides is enabling product providers to deliver to you information regarding their financial products that you may find of interest and also of use in providing your services to your clients.
To enable this service to be provided to you, we share your adviser details and contact information with the product providers with whom we have relationships from time to time and they will use your contact details in order to provide you with their product information directly.
SimplyBiz will hold information about you, your advisers and all your dealings with us on our database for the purposes of: administering our services, maintaining our relationship, including providing a more personal level of service to you; improving customer care, research and analysis, marketing our own products and services, legal and regulatory reasons. We will retain information for a reasonable period and we may share information about you within our Group and with carefully selected third parties for the purposes listed above (in the UK and abroad) and for enabling third party product providers to provide you with financial product details. By providing us with the relevant contact details for fax, mobile phone and email you consent to contact by these methods. For more detail as to the use of your personal information and information on how to opt out from receiving third party marketing communication, please see the Privacy Policy section of our website (see the “Terms of Use and Privacy Policy” at www.simplybiz.co.uk).
General
As part of the continuing development of our services we may, from time to time, change the nature of The Consumer Credit Centre service, provided that such changes do not materially affect the nature or quality of the services provided. Where practical, we will give you at least 3 months' notice of any change.
If any provision or part of a provision of the Terms is found by any court or other competent authority to be invalid, illegal or unenforceable, that provision or part-provision shall, only to the extent required, be deemed not to form part of the Terms, and the validity and enforceability of the other provisions shall not be affected. If such a provision is found illegal, invalid or unenforceable, the provision shall apply with the minimum alteration necessary to make it legal, valid and enforceable.
If you have any questions regarding the information contained in these Terms please contact SimplyBiz Services on 01484 439 100
Disclaimer
While the Company endeavours to ensure that the information included on the Website, in the brochures, handouts, email communication and any other material provided to you (“Information”) is correct, the Company does not warrant the accuracy and completeness of the Information. The Company may make changes to the Information, or to the products and prices described in it, at any time without notice. The Information may be out of date, and the Company makes no commitment to update such material.
The Information is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Information on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Information.
Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the law of England and Wales. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.