Havbell Dac Website Terms of Use

Introduction

This website Havbell Dac ("Website'') is owned and provided by Havbell Dac

References to "you" and "your" in these Terms of Use are to a person who accesses and or uses the Website. References to "we" and "us" in these Terms of Use are to Havbell Dac

Havbell Dac is a company registered in the Ireland,

Registered with the Information Commissioner's Office - details on public register www.Hhavbelldac.com E-Mail :info@havbelldac.com

Your agreement to the Terms of Use

Your access to, and use of, this Website is subject to these Terms of Use and to our Privacy Policy.

By accessing and using this Website you agree that these Terms of Use and our Privacy Policy apply to you and to your access to, and use of, this Website and that you will be bound by, and comply with, these Terms of Use and our Privacy Policy detailed below.

If you do not agree to these Terms of Use and our Privacy Policy you must no longer access this Website

Changes to Terms of Use

We may change these Terms of Use at any time and will always post the current version on this Website. If you continue to use this Website after a change to the Terms of Use you will be deemed to have agreed to the Terms of Use as changed. You are therefore advised to regularly review this section of our Website.

No advice is provided

Nothing on this Website is, or is intended to be, financial advice, or a recommendation or endorsement by us of any product referred to on this Website. You should always check the suitability, adequacy and appropriateness for you and your circumstances of any product that you select. It is for you alone to choose whether or not to proceed with an application for any loan or other product referred to on this Website.

We may add to, change, or remove anything on this Website at any time without prior notice.

Other websites

We are not responsible for the content or operation of websites that are not run by us, and your use of any website other than this Website (including websites that you may reach from this Website) will be governed by the terms and conditions of use and privacy policy applicable to that website.

It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any other website you may access which is not the Havbell Dac website

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to this Website.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales.

Privacy Policy & Data Protection

Our commitment to you about your personal information:

We will treat all your personal information as private and confidential (even when you are no longer a client) and will not give it to anyone else except in accordance with this Privacy Policy or if we are required to do so by law or asked to do so by a court or regulator.

We may process and store information about you electronically and/or in manual records. Any such information that is personal data as defined in the Data Protection Act 1998 ("DPA") will only be used by us for the purposes registered by us under the DPA.

This website uses cookies

Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes the cookies. Cookies are useful because they allow a website to recognize a user's device.

Cookies are multifunctional - they enable you to navigate between pages efficiently, remember your preferences and generally improve your user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.

By using our website and our loan services, you agree that we can place these types of cookies on your device.

Borrower Terms & Conditions

These are the Terms and Conditions which form a material part of the Fixed Sum Loan Agreement between you, the Borrower and Havbell Dac. This Agreement is secured by the Financial conduct authority and the Lending laws of United Kingdom of Great Britain and Northern Ireland.

Pre-Contract Information.

You should have read and understood the Pre-Contract Credit Information provided to you prior to entering into this Agreement. If you are in any doubt as to your liability and responsibilities under this Agreement or need to ask any questions relating to this Agreement you should contact us immediately via email or phone.

The Loan Amount

In order to prevent fraud the loan amount will be paid in to bank account of the borrower via electronic transaction portal (ETP).

Electronic Signature

By making this application online you have agreed that you wish to communicate with us in an electronic format, that is, via the internet and email. We will therefore always communicate with you via this method unless otherwise agreed by you, or unless we are required to do so.

By clicking, 'I Accept, you are providing an electronic signature and declaring that you agree to be bound by the Terms and Conditions.

Your electronic signature acts as a mark or sign made by you to signify your understanding, approval, acceptance and obligations under this Agreement.

Continuous Payment Authority (CPA)

CPA authorizes a business to withdraw money from a customer's account without having to seek repeat authorization.

If you take out a loan with us or agree to act as a Guarantor, you agree to repay us the total amount payable on the agreed repayment date. We will collect this payment by Direct Debit.You must ensure there are sufficient funds in the account to cover payment on the agreed repayment date.

If we are unsuccessful in collecting full payment on the agreed repayment date we may try to debit your debit card at a later stage and on more than one occasion. If you have provided us with details of a second debit card and we are unsuccessful in collecting payment from the first debit card, we may seek payment from the second debit card and on multiple occasions for the entire amount due, as we determine necessary until full repayment is made.

You can stop us doing this by contacting us or by contacting your bank.

By signing the Agreement you are providing express consent for us to do this.

Default and missed payments.

If:

you do not pay the monthly payment on time, or
you break any of the other conditions of this Agreement, or
you made any statement when applying for this Agreement which is false or misleading in a material respect, or
you die, or
a bankruptcy petition is presented against you, or
you make arrangements with your creditors for a compromise about how much you will pay them (sometimes known as an Individual Voluntary Arrangement or IVA) then if any such breach is irremediable or material, or has been persistently committed by you, subject to sending you a default notice, we may close the account and demand immediate payment of the outstanding balance.

If the account is in arrears:

We will try to obtain payment of the arrears amount from the Borrower by means of the bank account/debit card details authorized for use under this Agreement.

Repayment of the Loan.

You agree to repay us the total loan amount, along with interest and any charges as detailed in 'Charges' below, on the agreed payment date. Such payments are a material condition of this Agreement. If you notify us that you are unable to meet your full repayment by this date, or we are unable to collect the full balance outstanding we will attempt to collect the outstanding amount from your account.
You authorize us to collect the monthly payment and any other monies due under this Agreement, on their due dates, from any bank or debit card account of which you have supplied details to us. If monies are not paid on their due dates we may have to collect them at a later stage.
If the Bank Account specified in your application is a joint bank account, you confirm you have individual, full and unrestricted authority to nominate such Bank Account and your Debit Card for the purposes of these Terms and Conditions. .
You will inform us within 7 days of any changes to your name, address, telephone number(s), email address, employment, bank or debit card details, or of any other changes which may impact on your ability to make repayments in accordance with the Loan Agreement. .
If we reasonably expect fraud after the Agreement is executed we may, without notice, attempt to collect from your debit card the Loan. .
If we, for any reason, cannot collect the loan from the borrower's bank account we may collect it from debit card/credit card. .
The bank account details you provided are the account in to which your salary or wages are paid. .
The Debit Card details provided operates in conjunction with the bank account details in your application. .
We operate a Direct Debit collection system. You will be required to complete a Direct Debit mandate allowing us to set up a Direct Debit instruction on your bank account. If there are any changes to the amount, date or frequency of your Direct Debit, you will be notified 5 working days in advance of your account being debited or as otherwise agreed. All communication regarding your Direct Debit will be sent to you via your registered email/phone. .
If the first collection attempt on your due date fails we will, at various times make further collection attempts. We will notify you of any failed or missed payments. .
We can make such attempts on any day following the due date until either we make contact with you to agree repayment arrangements, or the funds are collected. .

Our Rights.

Any delay in enforcing our rights under this Agreement shall not affect our rights. We may also accept late payments or partial payments, or cheques and money orders marked payment in full or something similar, without losing any of our rights under this Agreement.

Your obligation to keep us informed.

We will send all notices, information and statements to registered email address. Some notifications may also be sent to you by post, SMS or may be delivered verbally by telephone.

To make sure we are able to keep you informed tell us within 7 days if you change your home address, your name, email address or any telephone number which we use to contact you. You can email this information to info@havbelldac.com

Charges.

We may debit the account with reasonable charges in respect of extra requirements or breaches of this Agreement.

We do not add a late payment charge to an account or charge for any communication whether by sms, email, postal service or phone.

We do add reasonable legal or recovery costs if the account fell into a default position without resolution. There is no interest charged on this value but interest is charged on the balance outstanding at a rate of 41.16% calculated daily.

General.

If we have to take you to court, interest at the usual monthly rate will accrue both before and after any judgment we may obtain against you, until we receive payment of the full outstanding balance.

If any single part of this Agreement is found to be invalid or unenforceable, it will not affect any other condition.

We will not be liable if we are unable to meet our responsibilities under this Agreement because of a problem with a computer system or third party supplier, such as the postal service, or because of an industrial dispute or any other circumstance beyond our reasonable control.

We may transfer our rights under this Agreement at any time, you may not transfer yours.

There may be other taxes or costs which exist in addition to the sums referred to in this Agreement which are not a condition of the loan, or imposed by us.

We may record or monitor phone calls.

You will receive your annual statement by email

The Law and Language Applicable to This Agreement.

This Agreement is governed by English Law and the language used in this Agreement and any communication relating to it will be in English.

Complaints

We deal with all complaints in a reasonable time. If you have a complaint please let us know.

You can make a complaint at info@havbelldac.com

Sharing information

We and other selected organisations will use the information you provide to consider any application. You agree that we may hold and process, by computer or otherwise, any information we gather about you as a result of this Agreement and any other Agreements or applications you have made with us.

Where necessary, to prevent fraud and money laundering, we may release your personal information to our regulators and to fraud-prevention and law-enforcement agencies or to anyone to whom we have transferred our rights and duties under this agreement.

We may also release your personal information to third parties (such as mailing agencies) who may carry out certain aspects of the administration of this Agreement for us. We may also release information about payments made under the account to the person who introduced the Borrower to us (for example a credit broker).

Credit-reference agencies (CRAs)

When you agree to act as a Guarantor we'll look at your credit file at credit reference agencies (CRAs), such as Call Credit, Equifax or Experian.

The CRAs will give us credit information about you, including information from the electoral register. The CRAs will not add details of our search or your application to the record which they hold about you. However, they may add details of any default or failure to keep to the terms of this loan. Your records will be seen by other organisations that make searches with those Agencies.

To prevent fraud we'll check your details with fraud-prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this. We and other organisations may use and search these records to:

Help make decisions about credit and credit-related services for you and members of your household;
Trace Debtors and Guarantors, recover debt, prevent fraud, and to manage your Guarantee & Indemnity; and
Check your identity to prevent money laundering unless you give us other satisfactory proof of identity

Guarantor Terms & Conditions

These are the Terms & Conditions which apply to the Guarantee & Indemnity. They should be read together with the Pre Contract Information and the Fixed Sum Loan Agreement.

Once the Borrower has entered into the Loan Agreement, the Guarantee & Indemnity will be legally binding. You should talk to us if there is anything that you don't understand or are unsure about before signing this Guarantee & Indemnity.

Pre-Contract Information.

The Pre Contract Information contains some really important information, so before you agree to give this Guarantee & Indemnity you should read it carefully.

The Loan Amount

In order to prevent fraud and to give you time to change your mind, the Loan amount will be paid in to your account and you must pay it directly to the Borrower.

Electronic Signature

By making this application online you have agreed that you wish to communicate with us in an electronic format, that is via the internet and email. We will therefore always communicate with you via this method unless otherwise agreed by you, or unless we are required to do so.

By electronically signing this Guarantee & Indemnity you agree to receiving information from us by electronic mail and by logging in to our website at www.havbelldac.com

By clicking, 'I Accept' during the application process, you are providing an electronic signature and declaring that you agree to be bound by the terms and conditions of this Guarantee & Indemnity.

Your electronic signature acts as a mark or sign made by you on this Guarantee & Indemnity to signify knowledge, approval, acceptance and your obligations under this Agreement.

Continuous Payment Authority (CPA)

CPA authorises a business to withdraw money from a customer's account without having to seek repeat authorisation.

If you take out a Loan with us or agree to act as a Guarantor, you agree to repay us the total amount payable on the agreed repayment date, and if the Borrower defaults you agree that we will collect the amounts owing directly from you, the Guarantor. We will collect this payment by debiting the debit card you have registered with us. Therefore you must ensure there are sufficient funds in the account to cover payment on the agreed repayment date.

If we are unsuccessful in collecting full payment on the agreed repayment date, we may try to debit your debit card at a later stage and on more than one occasion. If you have provided us with details of a second debit card and we are unsuccessful in collecting payment from the first debit card, we may seek payment from the second debit card and on multiple occasions, for all of the amount due, as we determine necessary until full repayment is made.

You can stop us doing this by contacting us or by contacting your bank.

By signing the Guarantee & Indemnity you are providing express consent for us to do this.

Your responsibilities

You have agreed to act as Guarantor for the person named in the Loan agreement as the Borrower and:

Will pay the Borrower the loan amount in full once you receive it from us;
Agree that you will meet all of the Borrower's responsibilities under the Borrower's agreement.
Guarantee that the Borrower will carry out all of their responsibilities due and owing under the Borrower's agreement.
You authorise us to collect any payments due under this Agreement, from any bank or debit card account of which you have supplied details to us. If monies are not paid on their due dates we may have to collect them at a later stage.
If the Bank Account specified in your application is a joint bank account, you confirm you have individual, full and unrestricted authority to nominate such Bank Account and your Debit Card for the purposes of these Terms and Conditions.
You will inform us within 7 days of any changes to your name, address, telephone number(s), email address, employment, bank or debit card details or of any other changes which may impact on your ability to make repayments in accordance with the Loan Agreement.
The bank account details you provided are the account in to which your salary or wages are paid.
The Debit Card details provided operates in conjunction with the bank account details in your application.

You will indemnify us and keep us indemnified against any losses, claims, damages or expenses resulting from or arising out of the Borrower's Agreement or if the Borrower breaks any of their responsibilities under the Agreement. You must immediately pay us any loss if we demand it.

Your responsibilities under the Guarantee & Indemnity are the same as if you were a Borrower.

This means we do not have to make any demand on, or take any steps against, the Borrower or any other person, before enforcing this Guarantee & Indemnity.

This agreement will not be affected by:

Any change to the Borrower's Agreement or circumstances;
Any other guarantee or security we take relating to the Borrower's responsibilities;
Any time we allow or other compromise in terms of paying off the loan or arrangement, or if we accept late payments or agree to release or not to sue the Borrower;
The Borrower dying, becoming bankrupt or insolvent;
The Borrower entering an individual voluntary arrangement (IVA), debt relief order (DRO) or similar; or
Us transferring our rights and responsibilities under the Borrower's agreement.

Independent advice

You should not act as a Guarantor unless you are sure you know exactly what the responsibility is that you are taking on. If you are at all unsure we strongly recommend that you take Independent legal advice from your solicitor or your local Citizens Advice Bureau.

You must tell us about any changes

Every so often we need to contact you about the Borrower's Agreement. To make sure we can do this, you must tell us within seven days if you've changed your home address, your name, your email address, or any telephone number that we use to contact you.

You can tell us about any change by email at info@havbelldac.com

If we need to contact you, we'll send all notices, information and statements to your registered email address. We may also send notices to you by post, SMS or they may be delivered verbally by telephone.

General

You agree that if any part of the Guarantee & Indemnity is not valid or cannot be enforced, it will not affect any other part of this Guarantee & Indemnity.

Sometimes we can't meet our promises to you because of matters beyond our reasonable control. This would include a problem with a computer system, a third-party supplier (such as the postal service) or an industrial dispute. In these cases, we will not be legally responsible to you.

This Guarantee & Indemnity applies only to you and you may not transfer any of your rights and responsibilities under it. For business reasons, we may transfer our rights without your permission.

There may be taxes or costs that you may need to pay in connection with this Guarantee & Indemnity but we are not aware of any.

We may record or monitor phone calls.