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Terms and conditions for Capital
Last Updated: September 27, 2021
This Agreement sets out the complete Terms and Conditions (the ‘Terms and Conditions’) which shall be applicable and legally binding on You (“Customer”, “Borrower”, “your”, “company”) and Brass Technologies Services (“Company”, “Brass”, “Us”, “We”, “Our”, “Lender”).
Please read this Agreement carefully before accepting to be bound by the Terms and Conditions
Please read this Agreement carefully before accepting to be bound by the Terms and Conditions
1. Definitions and Interpretation
“Agreement” means this agreement between the Customer and Brass which contains the Terms and Conditions;
“Account” means your Brass account;
“Capital Limit” means the maximum credit available to the Borrower by the Lender, following the creation of a Brass Account. Subject to our review, the Capital limit shall not exceed the sum of ₦10,000,000 (Ten Million Naira);
“Disbursement Date” means the date Brass disburses the Loan to the Customer’s Brass Bank Account which shall be within 2 days from the Customer’s receipt of the Loan approval;
“Event of Default” shall have the meaning ascribed to it in clause 13;
“Interest” means an interest rate of 1.08% per week on the Loan for the duration of the Loan Term or any other interest rate as may be communicated by Brass to the which duration shall not be less than 7 days;
“Initial Loan Term” means a period of 7 - 84 (Seven to eighty-four) days beginning from the Disbursement Date of the Loan.;
“Loan Term” means collectively, an Initial Loan Term and the Additional Loan Term;
“Party” means the Customer and Brass individually;
“Parties”means the Customer and Brass collectively;
“Personal Data” means any information about the business and or company, and their stakeholders provided to us by you or in the use of our Site and services such as your name, email address, physical address, password, billing and payment information. This includes non-personal information like the domain name of your internet service provider, your geographical location, operating system and other relevant statistics;
“Repayment Date” means such date (which maybe daily, weekly or every four weeks) as maybe agreed and selected by the Borrower in which the Loan and Interest shall become due and payable by the Borrower to Brass;
“Site” means Brass website and/or any other platform or media through which Brass offers its lending services; “Brass Bank Account” means a unique bank account with Wema Bank Plc or Sterling Bank Plc created for you and maintained by us and Banc Corp, upon setting up an Account on the Site;
- All headings in this Agreement are for convenience only and shall not be used in its interpretation. Unless this Agreement indicates a contrary intention.
- The singular shall include the plural and vice versa.
- A reference to any one gender shall be capable of being construed as a reference of any of the others.
3. Acceptance of Terms and Conditions
- You hereby expressly consent and authorise Brass and/or any of our duly authorised agents or partners, to debit your or Brass Bank Account for the purpose of repaying the Loan and accrued Interest as and when due;
- You consent to us transferring your data to third parties in foreign countries to process such data, in so far as such transfer is required for the performance of our obligations to you under this Agreement;
- We can provide materials and other information about your legal rights and duties to you electronically;
- We can send all important communications, billings statements, reminders and demand notices (collectively referred to as “Notifications”) to you electronically via our Site or to an email address you have provided us with;
- We are authorised to share, receive and use data/information collected from your transaction with other affiliated third-parties including but not limited to switching companies, credit bureaus and other financial institutions;
- We can alert you when Notifications are available, by sending you an electronic communication;
- By consenting, the electronic Notifications shall have the same meaning and effect as if we provided paper Notifications to you. When we send you an email alerting you that Notifications are available to you, such electronic Notifications shall have the same effect as paper Notifications whether or not you chose to view the Notifications, unless you had previously withdrawn your consent to receive electronic Notifications.
- Brass reserves the right, at its sole discretion, to modify or replace these Terms and Conditions from time to time. If you object to such changes, your sole recourse will be to cease using our services and the Site. Your continued use of our services and the Site following the changes to the Terms and Conditions will indicate your acknowledgement of such changes and agreement to be bound by the amended Terms and Conditions.
4. Account, Opening Process
- In order to access our services, you must set up an Account on the Site wherein you shall provide us with all requested information about your registered company.
- You are required to provide us with basic information such as the registered name of your company, email address, phone number, Tax Identification Number (TIN), full names of the directors where applicable, names of shareholders and their percentage ownership, details of the founders (names, email addresses, phone numbers, and details of their referees), copies of the company’s incorporation documents, copies of government issued IDs of the shareholders of a company , and any other information needed by us to process your application.
- By providing us with information about your company, you represent and warrant that you have the authority to legally bind the entity and grant us all permissions and licenses to perform our obligations as provided in these Terms and Conditions.
- Our services and the Site, can only be utilised by persons over the age of 18. Brass the right to verify the authenticity of any Account created on the Site.
5. Requirements for Loan Request
- You must provide us with accurate, current and complete information at all times during the application process.
- Upon your request for a loan, Brass reserves the right to carry out an investigation to verify your status.
- Upon the approval of a Loan request, your Brass main Account will be credited with the requested loan amount.
6. Brass Bank Account
- that you have the authorisation of the company to act on its behalf;
- that the company has a functional bank account with a financial institution domiciled in Nigeria;
- You shall provide us with all information as maybe requested by us for the creation of a Brass Bank Account for you. Such information shall include but shall not be limited to the company’s name, email address, phone number, and Bank Verification Number (BVN) (“Customer Information”);
- You represent and warrant that all Customer Information you provide to us is truthful, accurate, and complete;
- You agree to promptly notify us of changes to your Customer Information by updating your Account on the Site;
- For our compliance purposes and to provide the Brass Bank Account services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and the bank account information provided;
- and By using the Brass Account and providing Customer Information to us, you automatically authorize us to obtain, directly or indirectly and without any time limit or the requirement to pay any fees, information about you and your bank account from the financial institution holding your bank account and other databases as necessary to provide the Brass Account to you.
7. Loans and Loan Request Policy
- You hereby irrevocably authorise us to act on all requests for Loans received from you via the Site, and you shall be liable with respect thereof. Brass may however refuse to oblige any Loan requests at its sole and absolute discretion.
- Subject to our discretion, we reserve the right to reject any Loan request from you even if you have previously been issued a Loan by Brass.
- Following your Loan request, and subject to Brass’s discretion, your Brass Bank Account may be credited with the requested Loan. Where your Loan request is approved, you will immediately get a notice of approval via your Account and/or email confirming the amount to be disbursed into your Brass Bank Account, the Disbursement Date, the Interest on the Loan, and the Loan Term. Where your request is denied, a notice of denial will be communicated to you via your Account and/or email.
- You acknowledge that the Loan and accruable Interest shall be for the duration of the Loan Term, and you further agree that the Loan and the accrued Interest shall be repaid on the Repayment Date.
- You hereby agree and acknowledge that:
- Brass shall be deemed to have acted properly and to have fully performed all its obligations to you notwithstanding that your Loan request may have been initiated, or otherwise communicated in error or fraudulently, and you shall be bound by such request so far as Brass acted in good faith, believing that the Loan request was made by you.
- Brass may at its discretion, decline to act on or in accordance with the whole or any part of your Loan request pending further enquiry or further confirmation (whether written or otherwise) from you.
- You agree to indemnify Brass against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to Brass having acted in accordance with the whole or any part of any of your Loan request.
- To the full extent permitted by law, Brass shall not be liable for any unauthorised drawings, transfers, remittance, disclosures, activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your Account password, ID or any means whether or not resulting from your negligence.
- Brass is authorised to act on such orders with respect to your Account and/or Brass Bank Account as may be required by any court order or competent authority or agency under the applicable law
8. The Borrower’s Obligations
- repay the Loan, and the accrued Interest charged to its Account on or before the Repayment Date. Where the Borrower fails to repay Loan and Interest on or before the Repayment Date, Borrower’s agrees that the Borrower’s Brass account shall be disabled from sending payments two (2) days after the default of the repayment obligation.
- be held responsible for any unauthorized Loan request using its Account unless the Borrower notifies the Lender in writing, of imminent fraud by an unauthorised user on the Borrower’s account within 24 hours of such fraud;
- repay the Loan and accrued Interest via direct transfer to Brass via its Brass Account, or an electronic debit from its Brass Bank Account. The Borrower shall have the option to repay all outstanding sums at any point prior to the Repayment Date, provided that the Loan and Interest amount is repaid by the end of the Loan Term;
- and not use the Site and Brass’s services for any act of illegality or criminality and that Brass shall not be legally or criminally liable for any illegality committed by it.
9. The Lender’s Obligations
- make the Loan available to the Borrower on the Disbursement Date (which shall in no case exceed the Credit Limit) subject to the Lender verifying and approving the Borrower’s Loan request;
- conduct adequate checks on the Borrower prior to approving a Loan request;
- demand repayment of Loans and Interest from the borrower as and when due;
- and To use all reasonable and legitimate means to recover unpaid Loans and Interest. Such means of recovery shall include engaging collection agencies, and initiating court processes for the recovery of debts.
10. Personal Information
- You agree to grant Brass an irrevocable right to collect and use any information you provide us or we collect from you, for the specific purpose of providing you with our services.
- You hereby agree and authorise us to verify information provided by you to us against your information held by local banks including but not limited to your phone number, date of birth, National Identification Number (I.D), or Passport Number, Bank Verification Number (BVN) and any other information that will enable us identify you and comply with the regulatory “Know Your Customer” (KYC) requirements in your country.
- Brass reserves the right to request for further information from you pertaining to your Loan request or the creation of your Account, and Brass Bank Account at any time. Failure to provide such information within the time required by Brass may result in Brass declining to accept your Loan request or a delay the creation of your Account, or Brass Bank Account.
- You consent that we may disclose and or transfer your information to third parties or any other entity we deem necessary to perform our obligations to you under this Agreement.
11. Intellectual Property
- a) The Site and our services contained therein, original content, features and functionality are and shall remain the exclusive property of Brass. Our trademarks and trade name may not be used in connection with any product or service without our prior written consent.
- b) You shall not use, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or collective content except as expressly permitted by Brass.
- c) Subject to your compliance with these Terms and Conditions, Brass grants you a limited, non-exclusive, revocable, non-transferable licence to access and view any collective content made available on or through the Site and accessible to you.
12. Representations and Warranties
- You are over the age of 18 years;
- You are of sound mind and have the capacity to use our Site and services;
- All information that you provide to us is true and accurate to the best of your knowledge;
- That your company has been duly registered as a legal entity at the office of the appropriate companies’ registration agency;
- You have carefully read and understood these Terms and Conditions;
- That neither the company nor the stakeholders are subject to any bankruptcy claim, and/or pending or threatened criminal proceedings, that may in any way have adverse effect on the financial assets of the company or stakeholders in the opinion of Brass;
- If you are accepting these Terms and Conditions on behalf of a legal entity, you are legally authorised to do so and we may request evidence of such legal entitlement; and
- That by accepting these Terms and Conditions, neither the company nor the stakeholders are not breaching any laws, regulations or agreements that are applicable to them
13. Event of default
- you fail to pay the Loan and accrued Interest two days after the agreed Repayment Date;
- any representation or information made or given by you in connection with your Account and Loan request is incorrect, inaccurate or misleading;
- you carry out or attempt to carry out any act which may prejudice Brass’s rights under this agreement; ing any accrued Interest or fees payable on the Loan).
- you are declared bankrupt, insolvent or unable to pay your debt according to the appropriate laws in your country during the Loan Term:
- Upon the occurrence of an Event of default as mentioned above, we may without prejudice to any other right or remedy granted to us under any law
- terminate this agreement in accordance with clause 14;
- declare that the Loan and all accrued Interest under this Agreement becomes due and payable and you shall immediately make all necessary payments; and
- deduct funds from your Brass Bank Account or any other bank account as permitted by law upon compliance with the relevant legal requirements, as payment for your outstanding repayment obligations.
- Brass reserves the right to institute legal proceedings against you to recover the Loan, and accrued Interest, with or without prior notice.
- You shall be liable for all legal costs and expenses incurred by Brass for any action taken against you by Brass for the recovery and repayment of the Loan (including any accrued Interest or fees payable on the loan).
- You agree that upon the occurrence of an Event of default, Brass or its authorised representatives or collections agent may notify you and any other person who in Brass’s opinion, may assist in the recovery and repayment of the outstanding Loan (including any accrued Interest or fees payable on the Loan).
Upon the occurrence of an Event of default, Brass reserves the right to hold and utilise the personal information (including but not limited to their Identification Number (I.D), phone number and email address) of your directors, shareholders or any other authorized personnel as the case may be, as part of the measures to guarantee recovery and repayment of the Loan (including any accrued Interest or fees payable on the Loan).
- We may terminate or suspend your Account immediately with or without prior notice or liability, for any reason whatsoever, including without limitation to if you breach these Terms and Conditions; or
- Upon the occurrence of an Event of Default as stated in clause 13 above.
- Upon termination, your right to use our Site and services will immediately cease, and all outstanding Loans (including any accrued Interest or fees payable on the Loan) shall become payable. If you wish to terminate your Account, you may simply discontinue using the Site and our services.
- your fraudulent or illegal use of our Site or services;
- any act of negligence or willful conduct by the stakeholders of the company with respect to fulfilling your obligations in connection with this Agreement;
- any inaccurate, incomplete or misleading information that you have provided to us;
- any unauthorised access to your Account as a result of your failure to keep your username and password confidential;
- any service that you have offered, whether with or without our permission to a third party using the Company’s services or Site;
- and any claim made against the company and/or its stakeholders for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the use of our services or use of the Site.
16. Force Majeure
17. Limitation of Liability
If any part of this Agreement is held to be invalid or unenforceable in any jurisdiction, the invalidity and unenforceability of all remaining provisions contained in this Agreement shall not in any way be affected or impaired.
19. Entire Agreement
This Agreement contains the entire agreement between the Parties with respect to the subject matter and supersedes all prior arrangements and understandings (whether oral or written).
23. Governing Law and Dispute Resolution
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
- In the event of a dispute, we both undertake that we shall make an effort to achieve an amicable settlement. The discussions will be handled by our Authorised Representatives and you or your authorised representatives. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month from the commencement of the dispute shall be, shall be subject to the jurisdiction of the courts of the Federal Republic of Nigeria.
- Provided that if the value of the dispute is above N10,000,000 (ten million naira), the parties shall refer the matter to arbitration under the provisions of the Arbitration and Conciliation Act 2004. The arbitration shall be presided over by a sole arbitrator appointed by the agreement of the parties. Where the parties are unable to agree on the choice of the sole arbitrator within ten (10) days of the declaration of the dispute, the appointment shall be referred to the Chairman of the Chartered Institute of Arbitration UK (Nigerian Branch). The seat of the arbitration shall be Lagos Nigeria.