Terms and Conditions: Partner

  1. Intro
    1. If you decide to become a member of PrestaCap (or any related company within the iBondis Group) as a borrower, you must comply with these Terms and Conditions.
    2. These Terms and Conditions, which are set out as general terms, govern your use of the PrestaCap Website (“Website”) and the PrestaCap Platform (“Platform”). You are subject to these Terms and Conditions from the moment in which you first agree to them on the Website. If you do not agree with the Terms and Conditions then you are requested not to use the Website and the Platform.
    3. PrestaCap’ principal role is to act as an intermediary in the interest of investors and Borrowers in order to bring them together, to facilitate the payment, collection and reconciliation of sums due under or in connection with the loans placed through the Platform.
  2. The Platform
    1. If you are a business owner, you may use the Platform to access capital by applying for a loan. If you are an investor, you may use the Platform to allocate your capital through investments, transfer your money in and out of your PrestaCap account, and follow the progress of your open positions.
    2. For any issue or complaint you may interact with PrestaCap via the Platform, phone or email. If you are uncomfortable making investments or raising money through the Platform, you should not accept these Terms and Conditions and should not become an PrestaCap member.
    3. Your profile information is the basis on which we identify you for purposes of communication and security. Any due diligence, anti-money laundering or other checks we run on you will be based on the information you have provided in your profile and from time to time as the case may be, from any third party company or agency which possesses any such relevant information about you and is authorised to share it with us.
    4. You must complete your PrestaCap profile truthfully and it is your obligation to keep the information in your profile up to date. You are solely responsible for any information you post on the Platform, including your profile, the business for which you are seeking capital, and any other information posted by you.
    5. Any information that you may not want to post, share or that you do not have permission to publish or post, shall not be posted, shared or otherwise made accessible by you on the Platform.
    6. You agree to indemnify and hold harmless any PrestaCap member against any damage, material loss or cost arising from or in connection with any information you publish or post on the Website and Platform.
    7. You are solely responsible for your interactions with other members of the Platform. We reserve the right, but are not obliged, to monitor any action and dispute between you and other members.
  3. Borrower Membership
    1. You warrant to PrestaCap that all information provided by you to PrestaCap during the application is true and accurate in all respects. You will update us promptly if any of the information you provided to us changes.
    2. To be able to subscribe and access the Platform as a borrower, you must:
      1. be a company domiciled in the European Union;
      2. be registered at the respective country company house and or registrar;
      3. have a valid European business bank account;
      4. as a borrower, you cannot also be an investor on the Platform.
    3. For the registration procedure, we may request a soft and/or hard copy of the borrower’s director’s relevant passport or other valid identification documents and we reserve the right to ask for alternative documents in case the document copies you send to us are not clear or not sufficient to identify you. If you do not provide all appropriate and required identification documents, you will not be able to become a member of PrestaCap.
    4. Once you have completed the application to the Platform as a borrower, we may perform multiple checks, internally and/or with the support of third party companies and agencies, to identify any directors and/or members of the borrower. PrestaCap has complete discretion to approve your application to the Platform, and retains all rights to deny your application. If you do not provide all appropriate identification documents you will not be able to apply for a loan on the Platform.
    5. It is necessary that you provide us a business account held with a European bank in the name of the borrower.
  4. Username and password
    1. When you register to PrestaCap, you must provide your name, surname, email address and enter a password. Such password is required to access the Platform each time you log in. Your email and password are personal and not transferable without our prior written consent.
    2. If you authorise an agent or anyone else to use your PrestaCap account, you will be solely responsible for their activities on the Platform. Any loss, breach of security, unauthorised use of a username or password, must be notified to PrestaCap immediately. We reserve the right not to act on your instructions where we have the suspicion of unauthorised use or illegal or fraudulent activity.
    3. You are responsible for all information and activity on the Platform by anyone using your username and password.
  5. Our Fees
    1. Once you have accepted the Loan you will incur the following costs:
      1. Intermediation Fee (also referred to as “Success Fee”): is charged once the loan gets financed and ranges between 1%-4% of the total loan amount and will be explicitly quantified in the Loan Contract. The intermediation fee will be withheld directly by the respective lender on PrestaCap’ behalf.
      2. If a loan is secured with an asset as a collateral, in addition to the intermediation/success fee there may be a charge in amount of any cost incurred by PrestaCap in relation to facilitating the respective lenders in the taking of collateral for your loan but in any event no lower than EUR 100.00. Any such charge will be withheld from the money transferred to you by the respective Lender on PrestaCap behalf.
    2. We may choose to waive or reduce the above stated fees from time to time. Other fees apply where a payment was late or incomplete as stated in the Loan Contract Conditions.
  6. Your liability to us
    1. You shall be liable to us for any loss or damage suffered by us as a result of any breach of these Terms and Conditions or any other agreement which you enter into with us, or of any use of the Platform that represents wilful misconduct or fraud.
  7. Our liability to you
    1. We shall be liable to you for any loss or damage which you may suffer as a result of being an PrestaCap member or using the Platform to the extent that such damage or loss arises from or was the direct result of a material breach of these Terms and Conditions or any other related agreement by us.
    2. Notwithstanding the foregoing, we shall not be liable to you for any damage or loss respective of any matter for which a liability is expressly excluded herein or any other agreement, or arising out of or in connection with any mistake, inaccuracy or misrepresentation, misconduct or any other act executed by you or any other PrestaCap member. We shall not be liable or responsible for any indirect, consequential, special or punitive loss, damage, cost or expense, unforeseeable losses or damages, loss of profit or contract, loss of business, lost or wasted management time or time of other employees, loss of reputation, depletion of goodwill or loss, damage or corruption of data.
  8. Your relationship with PrestaCap
    1. A membership of PrestaCap does not in any way constitute an obligation on us to intermediate funding for borrowers or constitute a warranty by us that funding will be available. If any personal guarantee is provided by the borrower, directors, shareholders and members giving such personal guarantee shall represent and warrant that there has been no undue influence or inducement of the guarantor.
  9. Privacy
    1. You agree that all personal information that you provide to us via the Platform may be collected, stored, processed and shared with third parties for the purpose of verification in accordance with our Privacy Policy. You agree that by using the Platform, you consent to such processing and warrant that all data provided by you is accurate.
  10. Intellectual Property
    1. PrestaCap has the ownership and licence of all actual and future registered and unregistered trademarks, design rights, unregistered designs, copyright, database rights and all other actual and future intellectual property rights existing in or in relation to the Platform. Aforementioned rights are protected by international copyright laws.
    2. Whether you have any ownership or copyright on any material posted by you on the Platform, you shall retain ownership of all copyrights in data you upload or submit to the Platform. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner. We do not warrant or represent that the content of the Website does not infringe the rights of any third party.
  11. General Terms
    1. The information provided on the Platform is solely directed to persons above 18 years old, domiciled in Europe. This Platform is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to applicable law or regulation.
    2. Access to the Platform might be suspended or terminated at any time.
    3. We are not responsible for any content downloaded or posted by investors or borrowers on the Platform. Any downloadable and printable material and content from this Platform is solely for your own personal use. Platform contents must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our expressly written consent.
    4. You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Platform is not containing any virus or anything which may have a contaminating or destructive effect on any part of the Platform or any other technology.
    5. You are responsible for all costs incurred by you in accessing the Platform.
    6. We do not accept any responsibility or liability for your use of content on the Platform and such use is entirely at your own risk. We accept no liability for any virus or any other malicious program on the Platform, but we use all reasonable care to prevent the Platform from being compromised by any such malicious software. It is your responsibility to use an anti-virus software on your computer.
    7. Third Party providers: CRIF is not liable for damages of any kind arising out or related to the use of the information and data provided to PrestaCap; in particular CRIF disclaims all responsibility for any decisions and / or evaluations made on the basis of such information and data.
    8. Information transmitted via the Platform will pass over public telecommunications networks. We accept no liability if communications sent via the Platform are intercepted by third parties or incorrectly delivered or not delivered.
    9. The Platform may contain links to third party websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to the Platform, or any use of personal data by such third party.
    10. These Terms and Conditions and all related agreements shall not constitute a partnership or joint venture between you and us. Nothing in these Terms and Conditions or any related agreements shall effect that PrestaCap becomes the agent of any investor or vice versa, except where PrestaCap is mandated to carry out any debt recovery procedure on the investor’s behalf.
    11. If we fail to exercise any right or action according to these Terms and Conditions this will not constitute a waiver of such rights and actions and you would not be considered relieved from your obligations in regards to these Terms and Conditions.
    12. In the event that we cease to trade, your loan will be protected, and you will continue to serve your loan obligations as usual.
    13. PrestaCap reserves the right to make alterations to these Terms and Conditions at anytime without providing any reason. The altered Terms and Conditions will be sent to you in written form latest two weeks prior to coming into force. Should you not object to the altered Terms and Conditions within two weeks from the receipt thereof, you shall be deemed to have accepted the altered Term & Conditions. PrestaCap will make you aware of the above mentioned two week notice for objecting to the altered Terms and Conditions in its written notification to you that contains the altered Terms & Conditions.
  12. About us
    1. iBondis Limited is a company incorporated in England, whose registered number is 09289254 and whose registered office and principal place of business is at 101 Cavendish Avenue, Harrow, Middlesex, HA1 3RF, United Kingdom. iBondis Limited is authorised and regulated by the Financial Conduct Authority (Licence No.: 664197).
    2. PrestaCap is not directly covered by the Financial Services Compensation Scheme. However, you may be entitled to compensation from the Financial Services Compensation Scheme in respect of any money held by PrestaCap on your behalf, as client money, if the bank or credit institution holding the money becomes insolvent.
  13. Contact us
    1. If you wish to communicate with us, you may do so by sending an email to info@prestacap.com. Alternatively, all contacts are located in the Website section “Contact us”.