Terms of Business
The Financial Intermediary and Broker Association (FIBA) is a modern association dedicated to supporting all professional finance intermediaries. Membership is offered on an individual basis
The aim of the service is to:
- Support the delivery of products and services
- Provide representation of the sector when needed
- Create a fairer market for the membership
- Provide compliance support at an additional fee where required in order to ensure members are able to meet their regulatory obligations. (Compliance services are provided by The Consumer Credit Centre, part of SimplyBiz)
These Terms of Business (“Terms”) govern the service offered by FIBA and by joining FIBA, you are deemed to have accepted these Terms.
In these Terms, a reference to “we” means FIBA and a reference to “you” means your firm.
Our commitment to you
You will receive and/or have access to all of the core services provided by FIBA, as set out below and updated from time to time. All other services that become available as a part of FIBA membership will be outlined in our Online Member Portal.
Additional Compliance Support
You will also have access to the following additional services via the Consumer Credit Centre (CCC), not included in your standard FIBA membership fees, available as an additional fee category. This service incudes:
- Regulatory Support
- Access to the Compliance Helpdesk
- Compliance Document Templates
- Regulatory Updates
- PII Sourcing Support
- Additional Compliance Visits
- Training & Competence Service
- File Check Services
In addition to the above, The Consumer Credit Centre will provide information and support to you via its website, via e-mail, by bulletins and by being available to you to discuss developments, problems or concerns.
Arrangements for payment for the above services will be agreed with you at the time of subscription.
Fees are set at £20pm per member with a maximum of £60 per month for larger firms where there are more than 3 members.
Termination of this Agreement
Termination without cause
Your FIBA membership is for an initial term of a minimum of 12 months. If either you wish to withdraw from FIBA or if we wish to cease providing membership to you, either party must give to the other at least 1 months written notice of its intention to do so.
Termination of this agreement as set out in the preceding paragraph will result in the cessation of all services provided to you by FIBA. Upon termination, you shall pay to us any outstanding fees in respect of services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt.
Termination for cause
Nothing in the preceding clause will prevent FIBA from exercising the right to cancel, with immediate effect, any membership of a firm which has or could put at risk the reputation of FIBA or any of our associated firms or if you do not abide by these Terms or if your firm does not make payment for any FIBA services when due.
Termination of this agreement as set out in the preceding paragraph will result in the cessation of all services provided to you by FIBA. Upon termination, you shall pay to us any outstanding fees and, in respect of services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt.
Upon termination, FIBA immediately withdraws the right of the member to use the FIBA logo or to claim any association with FIBA.
In the event that you are dissatisfied with any aspect of our service or you should wish to register a complaint, please contact us via email: email@example.com or call 0207 033 8899 A Director or Senior Manager who was not directly involved in the task or project concerned will investigate your complaint.
In the event that direct discussions are not able to resolve the issue within 30 days of FIBA being informed of the issue, we both agree to submit to arbitration in accordance with the Chartered Institute of Arbitration Rules and the Chartered Institute of Arbitration will appoint an arbitrator. To initiate the arbitration, a party must give notice in writing (“ADR notice”) to the other party requesting arbitration. The arbitration, where possible, will start not later than 20 days after the date of the ADR notice.
Should you have any queries relating to fees and/or expenses these should be raised within 5 business days from receipt of the invoice.
Limit of Liability
Should it be found that FIBA has been negligent in the delivery of its duties under these Terms or acted in breach of those duties or otherwise, then the maximum amount payable to you under any circumstances would be a sum up to (but no more than) a full refund of the membership fees paid by you to FIBA during the preceding twelve months.
FIBA shall not be liable to you for loss of profits, loss of business, depletion of goodwill or for any special, indirect, consequential or pure economic loss, costs, damages, fees or expenses.
Use of Personal Data
Part of the service that FIBA provides is enabling lenders and funders to deliver to you information regarding their financial products that you may find of interest and also of use in providing your services to your clients.
To enable this service to be provided to you, we share your adviser details and contact information with the product providers with whom we have relationships from time to time and they will use your contact details in order to provide you with their product information directly.
As part of the continuing development of our services we may, from time to time, change the nature of the FIBA service, provided that such changes do not materially affect the nature or quality of the services provided. Where practical, we will give you at least 3 months' notice of any change.
If any provision or part of a provision of the Terms is found by any court or other competent authority to be invalid, illegal or unenforceable, that provision or part-provision shall, only to the extent required, be deemed not to form part of the Terms, and the validity and enforceability of the other provisions shall not be affected. If such a provision is found illegal, invalid or unenforceable, the provision shall apply with the minimum alteration necessary to make it legal, valid and enforceable.
If you have any questions regarding the information contained in these Terms please contact the FIBA team by email at firstname.lastname@example.org or call 0207 033 8899.
While FIBA endeavours to ensure that the information included on the Website, in the brochures, handouts, email communication and any other material provided to you (“Information”) is correct, FIBA does not warrant the accuracy and completeness of the Information. FIBA may make changes to the Information, or to the products and prices described in it, at any time without notice. The Information may be out of date, and FIBA makes no commitment to update such material.
The Information is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, FIBA provides you with the Information on the basis that FIBA excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Information.
Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the law of England and Wales. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.