Terms & Conditions

Consumer Credit Compliance Limited – Terms of Business

1. Introduction

1.1 These terms of business set out the standard terms that Consumer Credit Compliance Limited (‘CCC’), whose registered number is 08819918 and whose registered office is 24 Hanover Square, 4th Floor, London, W1S 1JD, provides the services set out in schedule 1 of these terms.

1.2 These terms govern the contractual relationship between CCC and the client that engages one or more of the services set out in schedule 1, whether on an ad-hoc, ongoing or reoccurring basis. For the avoidance of doubt, client means any business (including individuals with significant influence in the business such as, but not limited to, directors, shareholders and managers), organisation (including individuals with significant influence in the organisation such as, but not limited to, directors, shareholders and managers) and individuals who engage CCC’s services.

1.3 These terms shall apply from the time a client engages one of CCC’s services, as set out in schedule 1, and shall continue to apply to subsequent ad-hoc engagements, ongoing engagements and/or reoccurring engagements until they are replaced or revised.

1.4 Clients shall accept to be bound by these terms by signing CCC’s letter of engagement and/or by confirming engagement with CCC verbally and/or in writing.

1.5 For the avoidance of doubt, engagement of CCC’s service(s) does not constitute a joint venture and/or any similar joint enterprise between the client and CCC unless otherwise agreed.

2. Clients’ Obligations

1.1 The client undertakes that it will provide CCC with information and/or access to information and/or systems required for CCC to adequately perform the service(s)the client engages. For the avoidance of doubt, systems include client management relationship systems and any other systems used in the operation of the client’s business model.

1.2 The client undertakes that it will not do anything that would, directly or indirectly, risk the reputation of CCC.

1.3 The client undertakes that it is not conducting nor intends to conduct any unlawful activity.

1.4 The client undertakes to disclose to CCC all information that is relevant to enable CCC to perform the engaged services. For the avoidance of doubt, this term applies even if CCC does not expressly request disclosure of the said information.

1.5 The client undertakes to pay fees that are due to CCC in accordance to the payment terms set out in clause 6.

1.6 The client undertakes to pay CCC any costs incurred in performing the service(s) or taking steps to perform the service(s) engaged by the client where the client cancels the engagement after CCC incurs the associated costs. For the avoidance of doubt, this includes, but is not limited to, travel bookings and accommodation bookings.

1.7 The client undertakes that, where it engages one of CCC’s services which requires liaison with a regulator (for example, the Financial Conduct Authority (FCA), the Information Commissioner’s Office (ICO), the Claims Management Regulation Unit (CMRU) and/or its successor(s)), it will communicate information that CCC provide to the client, in the context of performing the respective service, to the respective regulator(s) promptly.

1.8 The client undertakes that, where it engages one of CCC’s services which requires liaison with a regulator (for example, the FCA, ICO, CMRU and/or its successor(s)), it will communicate information it receives from the respective regulator(s) to CCC promptly and, in any event, no later than when it becomes aware of the information.

1.9 The client undertakes that it shall not use the CCC logo or logos, claim association and/or affiliation with CCC on its website, social media platforms and/or other publicly available platforms without the express written consent of CCC.

1.10 The client undertakes to provide CCC with accurate and up to date information at all times. For the avoidance of doubt, this includes, but is not limited to, the client’s principal place of business address and contact details of CCC’s points of contact at the client (including email addresses and telephone contact details).

1.11 The client undertakes that it will co-operate with the regulator(s) and engage with the regulator(s) in an open and transparent manner.

1.12 If the client decides to cancel a service which it engages CCC to provide it undertakes to notify CCC about the cancellation or proposed cancellation immediately.

1.13 The client undertakes that, where it engages CCC’s training services, it will meet the cost of any venue hire and the associated hospitality costs.

1.14 The client undertakes to pay any fees that are due to the regulator(s), for example, but not limited to, FCA authorisation fees.

3. CCC’s Obligations

1.1 CCC undertakes to exercise reasonable care and skill in the provision of its service(s) to the client.

1.2 CCC undertakes to provide its service(s) to the client within the timescales agreed with the client, in writing, for the specific engagement(s).

1.3 CCC undertakes to provide all elements of its respective service(s) in a manner that is consistent with the description of the services set out in schedule 1, on its website(s) and/or other documentation that describes its services.

1.4 CCC undertakes that its staff (including, but not limited to, its employees, contractors and officers) will maintain up to date knowledge and expertise, relevant to their respective roles, to provide its services in line with up to date industry knowledge and practice.

1.5 CCC undertakes that, where the client engages one of its services which requires liaison with a regulator (for example, the FCA, ICO, CMRU and/or its successor(s)), it will communicate information it receives from the respective regulator(s) to the client promptly and, in any event, no later than when it becomes aware of the information.

1.6 CCC undertakes that, where the client engages one of its services which requires liaison with a regulator (for example, the FCA, ICO, CMRU and/or its successor(s)), it will communicate information it receives from the client, which is for the attention of the regulator(s), to the respective regulator(s) promptly.

1.7 CCC undertakes that it is able to lawfully provide its services to the client.

1.8 CCC undertakes that, where the client engages its services to liaise with a regulator on its behalf, it will co-operate with the regulator and engage with the regulator in an open and transparent manner.

4. Client Breaches and Consequences

1.1 If the client breaches any of these terms of business CCC can:
1.1.1 terminate the service(s) with immediate effect;
1.1.2 give the client an opportunity to remedy the breach; and
1.1.3 terminate the service(s) with immediate effect where CCC gives the client an opportunity to remedy the breach and the client does not remedy the breach within the timescale set by CCC.

1.2 For the avoidance of doubt, where CCC terminates the service(s) due to a breach of clause 1.3 in section 2 of these terms it may be required by law to notify a legal or regulatory body about the subject matter of the breach.

1.3 Where CCC takes an action set out in clause 1.1.1 or 1.1.3 in section 4 of these terms, the client undertakes to compensate CCC for any loss (including, but not limited to, financial and/or non-financial loss) arising from the client’s breach. For the avoidance of doubt, compensation, for the purposes of this clause, shall only be monetary in nature.

1.4 In the event of termination, the client will be liable for the payment of any outstanding money due to CCC prior to the termination of the service(s).

1.5 Where CCC is in possession of money due to the client or received from the client and due to a third party CCC reserves the right to keep such money to fully offset any money owed to it by the client under clause 1.4 above.

5. CCC Breaches and Consequences

1.6 If CCC breaches any of these terms of business the client can:
1.1.1 terminate the service(s) with immediate effect;
1.1.2 give CCC an opportunity to remedy the breach; and
1.1.3 terminate the service(s) with immediate effect where the client gives CCC an opportunity to remedy the breach and CCC does not remedy the breach within a reasonable timescale.

1.7 Where the client takes an action set out in clause 1.1.1 or 1.1.3 in section 5 of these terms, CCC undertakes to compensate the client for any loss (including, but not limited to, financial and/or non-financial loss) arising from CCC’s breach. For the avoidance of doubt, compensation shall be limited to the loss suffered by the client and can be non-monetary in nature provided that this adequately compensates the client for the loss suffered as a result of CCC’s breach.

6. Payment Terms

1.1 The client shall be required to make payment for CCC service(s) prior to receiving the respective service(s).

1.2 Payment for CCC’s service fees shall become due upon CCC issuing the invoice to the client. For the avoidance of doubt, an invoice is deemed to be issued to the client on the day it is sent to the client by CCC. This is irrespective of the delivery method.

1.3 CCC has the discretion to revise the payment terms to require payment in split payments and/or to revise the payment due date set out in clause 2.1 in section 6 of these terms.

1.4 The client can make payment for CCC’s ongoing compliance services on a monthly basis or annual basis, in advance of receiving the service(s), unless CCC exercises its discretion under clause 1.2 to change the payment terms.

1.5 The client can make payment to CCC for its service(s) by bank transfer, debit card (over the phone using WorldPay), cheques and credit card (over the phone using WorldPay). There is a surcharge of up to 2.45% for all credit card transactions, this is to cover processing costs and no profit is made from this surcharge. The surcharge will be added to the final invoice with the balance of CCC’s service(s)charge. All invoices are plus VAT.

1.1.1 Clients who make or are due to make monthly payment for CCC’s ongoing compliance services shall make payment to CCC via direct debit until termination of the ongoing compliance service or until CCC agree, in writing, to a change in payment structure, for example, from direct debit to bank transfer.
1.1.2 CCC shall be entitled to collect payment from the client by direct debit until the client cancels the direct debit.

1.6 CCC shall be entitled to any overdue money owed to it by the client plus annual statutory interest plus the Bank of England base rate in accordance to the Late Payment of Commercial Debts (Interest) Act 1998.

1.7 A delay by CCC to enforce clause 1.6 in section 6 of these terms shall not amount to a waiver to enforce the aforementioned clause and CCC shall be entitled to enforce the said clause at a later date.

7. Termination

1.1 CCC and/or the client shall be entitled to terminate any services at any time.

1.2 CCC and/or the client shall be entitled to terminate the ongoing compliance services after giving the other party one month’s notice in writing. The ongoing compliance services shall be terminated at the end of the one-month notice period.

1.3 Where the client terminates the service(s) it shall be liable to pay any money due to CCC. Where the client terminates the ongoing compliance service it shall be liable to pay the ongoing compliance service fee to cover, at least, the fees due to CCC under the current 12-month minimum term of the ongoing compliance service at the time of the cancellation. For the avoidance of doubt, each renewal of the ongoing compliance service starts a new 12-month cycle for the purposes of determining the fee due to CCC under this clause. A renewal occurs when one 12-month cycle expires and a new 12-month cycle automatically begins.

1.4 The client shall make payment of the money in clause 1.3 above within 5 working days of the expiry of the notice period unless otherwise agreed with CCC.

1.5 In the event of termination CCC shall return to the client any money it holds on its behalf. CCC shall be entitled to retain a sum of the money it holds on behalf of the client to fully offset any money owed to CCC by the client.

8. Confidentiality

1.1 CCC undertakes to maintain the confidentiality of information that the client provides to CCC to enable CCC to perform its service(s). For the avoidance of doubt, the duty of confidentiality is not absolute and is subject to legal obligations that may require CCC to disclose confidential information.

1.2 CCC undertakes that its staff (including, but not limited to, its employees, contractors and officers) are subject to the duty of confidentiality.

1.3 The client undertakes to keep confidential any and all information that CCC discloses to the client in the course of providing its services or in the course of taking steps to enter into an engagement with the client.

1.4 For the avoidance of doubt, clause 1.3 above applies to the client’s staff (including, but not limited to, its employees, contractors and officers).

1.5 For the avoidance of doubt, the duty of confidentiality set out in clause 8 shall continue to apply after the termination and/or conclusion of the service(s).

9. Indemnity

1.1 CCC shall indemnify the client for any losses it suffers as a result of CCC’s negligence and/or breach of these terms. CCC’s indemnity shall be strictly limited to losses that can be directly attributed to CCC’s negligent acts or omissions and/or CCC’s acts or omissions in breach of these terms. CCC’s indemnity for losses that arise as a result of breaches of these terms shall be consistent with clause 1.7 in section 5 of these terms.

1.2 For the avoidance of doubt, CCC shall not be liable to indemnify the client for any loss of money that CCC holds on the client’s behalf where the loss is due to the act or omission of a third party, for example, but not limited to, the failure of the bank where CCC deposits the client’s money.

1.3 For the avoidance of doubt, CCC shall not be liable to indemnify the client for the forfeiture and/or loss of any money it pays to and/or owes any third parties in the course of providing its services, for example, but not limited to, fees paid and/or owed to the regulator(s).

1.4 For the avoidance of doubt, CCC shall not be liable to indemnify the client for any losses it suffers (financial and/or non-financial) which arises due to regulatory action and/or legal action that is taken against the client by a third party including, but not limited to, the regulator(s).

10. Warranties

1.1 For the avoidance of doubt, CCC does not guarantee a successful outcome for the client. These terms shall not be construed as a guarantee by CCC to the client that it will have successful engagement with the regulator(s), for example, but not limited to, a successful FCA authorisation application.

11. Third Parties

1.1 For the avoidance of doubt, these terms shall only bind the client and CCC subject to clause 1.2 below.

1.2 In the event of a merger, acquisition or any other business restructure CCC and/or the client can assign the service(s) governed by these terms to its successor(s).

1.3 These terms shall also apply to any subsequent successors of the successor referred to in clause 1.2 in section 11 of these terms.

12. Data Protection

1.1 CCC will handle the client’s personal data in accordance to its privacy policy as set on its website.

13. Force majeure

1.1 Neither the client nor CCC shall be liable for the non-performance of their obligations under these terms where the non-performance is as a result of unforeseen acts of God such as natural disasters and/or unforeseen circumstances that reasonably disrupt ordinary business operations to the extent that it renders it impossible for the client and/or CCC to perform their obligations under these terms.

14. Jurisdiction

1.1 Any dispute about these terms shall be subject to the exclusive jurisdiction of the courts in England and Wales and shall be determined solely in accordance to English and Welsh law.
1.2 If a competent English and/or Welsh court deems any of the clauses in these terms to be invalid it shall not affect the validity and enforceability of the other clauses within these terms.

15. Complaints

1.1 The client can lodge a complaint directly to CCC if it is dissatisfied with the service(s) it has received. Client complaints should be made in writing to info@consumercreditcompliance.co.uk and addressed to Mr Ian Beardmore or Mr David Petty. CCC endeavours to acknowledge client complaints within 1 working day and resolve complaints within 1 week (where possible).

Schedule 1 – Service Specification

1. Ongoing compliance

1.1 CCC provides clients with bespoke ongoing support packages which includes service items that meet the specific demands and needs of the client. Service items mean services such as, but not limited to, telephone support, email support, liaising with regulator(s) on the client’s behalf and providing clients with periodic newsletters. CCC’s ongoing compliance service has a minimum term of 12 months. This is automatically renewed upon expiry of the each 12-month term.

2. Application assistance

1.1 CCC provides clients with assistance with regulatory applications such as, but not limited to, FCA authorisation applications, FCA variation of permission applications and CMRU authorisation applications.

3. Regulator liaison

1.1 CCC assists clients to liaise with regulator(s). This includes corresponding with regulator(s) on client’s behalf and/or preparing correspondence content for clients to communicate to regulator(s). CCC’s regulator liaison service includes, but is not limited, to assistance with change in control notifications, FCA principle 11 notifications and information requests from regulators.

4. Compliance training

1.1 CCC provides bespoke in-house training to clients. CCC’s compliance training service covers FCA compliance and data protection.

5. Consultancy services

1.1 CCC provides bespoke consultancy services which are tailored to clients’ requirements. CCC’s consultancy services include, but is not limited to, customer file reviews, business model reviews and documentation reviews.

6. Compliance documentation

1.1 CCC provides clients with a documentation drafting and template documentation service. CCC’s document drafting service includes drafting a regulatory business plan, compliance monitoring plan and compliance policies and procedures. CCC’s template documentation service includes providing clients with a template regulatory business plan, compliance monitoring plan and compliance policies and procedures.

7. Financial promotions

1.1 CCC provides clients with a financial promotions review service. This consists of conducting a compliance review of clients’ marketing and advertisement content and providing written recommendations where appropriate.

8. GDPR

1.1 CCC provides clients with GDPR compliance service to assist clients with their data protection compliance. This includes, but is not limited to, GDPR ongoing compliance support, documentation review, business process and systems review and audit service.

9. Appointed Representative (AR) network

1.1 CCC provides an AR service to clients on a long-term and ‘incubator’ basis. CCC’s ‘incubator’ service consists of appointing clients as CCC’s AR whilst CCC assists the client with an FCA application. CCC’s long-term service consists of appointing clients as CCC’s AR for a minimum term of 12 months.

10. Compliance audits

1.1 CCC provides clients with a compliance audit service. This includes, but is not limited to, conducting an onsite (or remote) audit of clients’ business models and documentation. CCC produce a written audit report as part of the compliance audit service.

11. Claims management

1.1 CCC provides claims management companies with compliance services to assist compliance with the CMRU and the FCA’s requirements. This includes, but is not limited to, authorisation assistance, documentation drafting, documentation review and compliance audits.