1. About us
Kinetic Money Limited is a UK-based finance brokerage business specialising in property finance and related funding solutions. Company name: Kinetic Money Limited. Company number: 09928776. Registered office: Grosvenor House, 11 St. Pauls Square, Birmingham, England, B3 1RB. Trading names: Kinetic Money and such other trading styles as we may notify to you from time to time. In these Terms of Business, “we”, “us” and “our” means Kinetic Money Limited. “You” and “your” means the client, borrower, applicant, investor, company, partnership, individual or other person instructing us.
2. Scope of our services
We arrange, introduce and assist with finance applications for property investors, developers, landlords, business owners and other clients. Our services may include discussing your finance requirements, reviewing information about you, your business, your property or project, considering finance options, introducing you to potential lenders or funders, helping you prepare and submit an application, liaising with professional parties and assisting with progression through to offer and, where applicable, completion. Unless expressly agreed in writing, we do not act as your solicitor, accountant, tax adviser, surveyor, valuer, insurance adviser, investment adviser or financial planner. You should take your own independent legal, tax, accounting, valuation and professional advice where appropriate.
3. Regulated and unregulated business
Much of the work we undertake relates to business, commercial or investment property finance which may fall outside the scope of FCA-regulated mortgage or consumer credit activity. Where a proposed transaction is unregulated, you acknowledge that you may not have the same protections that apply to regulated mortgage or consumer credit contracts. Where a proposed transaction may involve regulated mortgage, consumer credit or other regulated activity, we will tell you where this is relevant and provide any additional disclosure document, regulatory information or engagement terms required. Nothing in these Terms of Business limits any rights you may have under applicable law or regulation.
4. Our role
We act as a finance broker and introducer. We do not lend money ourselves unless expressly confirmed in writing. Our role is to use reasonable skill and care to identify and pursue finance options that appear relevant to your stated requirements, based on the information available to us. We do not guarantee that finance will be available, that any lender will make an offer, that any offer will be acceptable to you or remain available, that any transaction will complete, that any valuation will support the required borrowing, or that any lender, valuer, solicitor or third party will act within a particular timescale. Any finance offer will be made by the relevant lender or funder, not by us. You are responsible for deciding whether to accept any offer.
5. Information we rely on
We rely on information provided by you and by third parties acting for you. You agree to provide information that is accurate, complete and not misleading. This includes information about your identity and contact details, financial position, income, assets, liabilities, credit commitments, experience, property, project or transaction, ownership structure, beneficial ownership, source of funds, source of wealth, adverse credit, insolvency, litigation or enforcement history and any material change in circumstances. You must tell us promptly if any information changes or if you become aware that anything previously provided is inaccurate or incomplete. We are entitled to rely on the information you provide and will not be responsible for any delay, loss, declined application, withdrawn offer, revised terms or failed transaction arising from inaccurate, incomplete or misleading information.
6. Client responsibilities
You are responsible for checking that any finance product or offer is suitable for your purposes, reading all lender documents carefully, taking legal, tax, accounting and valuation advice where appropriate, complying with lender requirements and deadlines, paying transaction costs when due and ensuring you have authority to act for any entity you represent. You are also responsible for ensuring that all directors, shareholders, partners, guarantors, beneficial owners and connected parties provide information and documents when required. Where there is more than one applicant, each applicant is responsible for ensuring that the others understand and agree to these Terms of Business.
7. Our fees and lender commissions
Any fee payable to us will be confirmed separately in writing. This may be by fee agreement, engagement letter, email, term sheet or other written confirmation. Where a separate Brokerage Fee Agreement or fee confirmation has been signed or accepted, that document will govern the amount, timing and payment terms of our fee. We may also receive commission, procuration fees, introducer fees or other payments from lenders, funders, packagers, master brokers or other third parties. You consent to us retaining these payments unless we agree otherwise in writing. Where required by law or regulation, or where otherwise appropriate, we will disclose the existence and/or amount of any commission or third-party payment.
8. Third-party costs
In addition to any fee payable to us, you may be required to pay fees or costs to third parties. These may include lender fees, valuation fees, legal fees, search fees, monitoring surveyor fees, insurance costs and other transaction-related costs. Third-party fees are not controlled by us. Some may be payable whether or not the transaction completes. You should check all third-party fees carefully before proceeding.
9. Anti-money laundering and identity checks
We are required to carry out identity, anti-money laundering, counter-terrorist financing, sanctions and fraud prevention checks. You agree to provide any information or documents we reasonably request for these purposes. We may also need to identify and verify directors, shareholders, partners, beneficial owners, guarantors, trustees, connected companies and other relevant parties. We may decline to act, pause work, withhold submission of an application, or terminate our engagement if we are unable to complete satisfactory checks. We are not obliged to explain any decision where doing so may breach legal or regulatory obligations.
10. Credit searches and lender enquiries
Lenders and other finance providers may carry out credit searches, affordability checks, fraud checks, company searches, land registry searches and other enquiries. Some searches may leave a record on your credit file or company profile. By instructing us to approach lenders, you authorise us to share your information with lenders and relevant third parties for the purpose of assessing and progressing your finance application. You are responsible for ensuring that any other individuals connected with the application have consented to their information being shared and checked where required.
11. Confidentiality
We will treat your confidential information as confidential and will only use or disclose it where necessary for the provision of our services, or where required by law, regulation or professional obligation. We may share information with lenders and funders, packagers, master brokers and introducers, valuers and monitoring surveyors, solicitors and legal advisers, accountants and tax advisers, credit reference agencies, compliance consultants, technology, software and administration providers, regulators, law enforcement agencies or public authorities where required. Confidentiality obligations do not apply to information that is already public, independently obtained, lawfully received from another source, or required to be disclosed by law.
12. Data protection
We will process personal data in accordance with applicable UK data protection law. We may collect and process personal data for purposes including providing our services, assessing and progressing finance applications, identity verification and anti-money laundering checks, fraud prevention, compliance and record keeping, client relationship management, marketing where permitted and responding to legal or regulatory requests. Further information about how we process personal data is set out in our Privacy Policy, which is available on request or on our website. You must ensure that any personal data you provide about another person has been provided lawfully and that the person has been informed that their data may be shared with us and with lenders or third parties.
13. Conflicts of interest
We may act for other clients, investors, developers, landlords, lenders or parties whose interests differ from yours. We will take reasonable steps to identify and manage conflicts of interest. Where we believe there is a material conflict that cannot be managed appropriately, we may decline to act or cease acting for one or more parties.
14. Introductions and third-party services
We may introduce you to third-party professionals or service providers, including solicitors, valuers, accountants, insurance brokers, surveyors, consultants, property professionals or other advisers. Unless we expressly agree otherwise in writing, such third parties act independently and not as our agents. We are not responsible for the advice, acts, omissions, fees, delays or performance of any third party. You are responsible for deciding whether to instruct any third party and for agreeing their terms of business.
15. Timescales
We will use reasonable endeavours to progress your matter efficiently. However, finance transactions often depend on third-party processes outside our control. Delays may arise due to valuation issues, legal issues, title defects, planning matters, lender underwriting, incomplete information, adverse credit, company structure, source of funds checks, market conditions or other factors. We will not be liable for delay caused by you, a lender, valuer, solicitor, accountant, public authority or other third party.
16. No investment, tax or legal advice
We do not provide investment, tax, legal, accounting, planning, surveying or valuation advice. Any comments we make about a property, project, transaction, lender, market or finance structure are provided only in the context of arranging finance. You must make your own commercial assessment of the transaction and obtain specialist advice where appropriate.
17. Limitation of liability
We will provide our services with reasonable skill and care. We will not be liable for any loss arising from inaccurate, incomplete or misleading information provided to us, any decision by a lender or funder, withdrawal, amendment or expiry of a finance offer, valuation shortfall, legal, title, planning, tax or accounting issue, loss of profit, opportunity, business, goodwill or indirect or consequential loss, any act or omission of a third party, or any matter outside our reasonable control. Nothing in these Terms of Business limits or excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability that cannot lawfully be limited or excluded.
18. Termination
Either party may terminate our engagement by giving written notice to the other. Termination will not affect any fee, commission, expense, liability or obligation that has already become due. Where we have introduced you to a lender, funder, investor or finance provider before termination, we may remain entitled to any fee or commission if you proceed with that party or with finance arising from our introduction, subject to any separate fee agreement or written terms. We may stop acting immediately if you provide inaccurate, incomplete or misleading information, fail to provide requested information or documents, we cannot complete required checks, a conflict of interest arises, continuing to act may breach law, regulation or professional obligation, or the relationship has broken down.
19. Complaints
If you are unhappy with our service, please contact us in writing so that we can investigate and respond. Complaints should be sent to Kinetic Money Limited, Grosvenor House, 11 St. Pauls Square, Birmingham, B3 1RB. Email: clientcare@kineticmoney.co.uk. We will aim to resolve complaints fairly and promptly. Where your matter relates to regulated activity, you may have additional rights to refer a complaint to the Financial Ombudsman Service. We will tell you where this applies.
20. Communications
We may communicate with you by email, telephone, video call, messaging platform, post or through electronic document systems. You agree that email and electronic communication are acceptable methods of communication unless you tell us otherwise. You are responsible for ensuring that your contact details are correct and that you monitor communications from us and from lenders or third parties. We are not responsible for loss arising from missed, delayed, blocked or misdirected communications where we have used the contact details provided by you.
21. Electronic signatures and acceptance
You may be asked to accept these Terms of Business by signature, electronic signature, email confirmation, online acceptance or continued instruction. Electronic signatures and electronic acceptance will be treated as valid and binding. If you instruct us on behalf of a company, partnership, trust or other entity, you confirm that you have authority to accept these Terms of Business on its behalf.
22. Variation
We may update these Terms of Business from time to time. The version that applies to your matter will usually be the version provided to you at the time of instruction, unless we notify you of changes and you continue to instruct us after receiving the updated terms. Any specific written agreement between us and you will take priority over these Terms of Business where there is a conflict.
23. Governing law and jurisdiction
These Terms of Business and any dispute or claim arising from them are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction, unless applicable law requires otherwise.
24. Client acknowledgement
By instructing Kinetic Money Limited, you acknowledge that you have read and understood these Terms of Business, agree to be bound by them, understand that we act as a finance broker and not as a lender, understand that finance is not guaranteed, agree to provide accurate and complete information, agree to pay any agreed fees in accordance with the relevant fee agreement or written fee confirmation, and understand that you should take independent legal, tax, accounting and other professional advice where appropriate.