General terms and conditions Global Guarantee

Transcription

1 General terms and conditions Global Guarantee 1. Definitions: Guarantor: Global Guarantee OÜ, the private company with limited liability, incorporated under the laws of Estonia, with its registered office in Pärnu mnt 105 Tallinn 11312, Estonia, registered under number ; Borrower: the individual who enters into a Credit agreement with the Lender; Lender: Nereida Spain S.L., having its registered offices at c/doctor Fleming, 3, 9e D, 28036, Madrid, Spain and registered under the registration number B , info@nereidaspain.com or info@brzikredit.com. Nereida s core activity concerns granting micro-credits; Global Guarantee: the agreement concluded between the Guarantor and the Borrower, in accordance with the concerned General terms and conditions, which govern the guarantee granted by the Guarantor to the Borrower; Credit agreement: the agreement concluded between the Borrower and the Lender to which the general terms and conditions are applicable to; Party or parties: the Guarantor and the Borrower jointly or individually; Website: or any other website of the Guarantor which it holds for the access of its clients. 2. Credit and guarantee: The Borrower entered into a Credit agreement with the Lender. The Borrower did not use the possibility to offer a personal guarantor for the performance of the obligation(s), which arise(s) from the Credit agreement. The Borrower explicitly wishes to use the guarantee of the Guarantor in conformity with the concerned general terms and conditions. 3. Guarantee terms: 3.1. The Guarantor guarantees to perform all the obligations which arise from the Credit agreement between the Borrower and the Lender, which results in a joint and several liability of the Borrower and the Guarantor for the performance towards the Lender of the obligations which arise from the Credit agreement, equally to the rules as laid down in the Estonian Law of Obligations The Borrower is obliged to pay a fee to the Guarantor as mentioned in schedule 1 (price table) for the provided guarantee. The fee must be paid within the period or instalment periods stipulated in the invoice which the Borrower receives on behalf of the Guarantor The Global Guarantee will be concluded at the moment the Borrower requests the guarantee via the Website and the Borrower agrees to the concerned general terms and conditions by ticking the box I agree If the Borrower is in default of repaying the provided credit or any instalments thereof to the Lender, the Global Guarantee shall automatically be extended for a period of 10 days. If the Borrower is in repayment default after the extension period had lapsed, the Global Guarantee shall automatically be extended for the second extension period of the same duration, which will in case of continuing default be automatically extended for the third extension period of the same duration (i.e. a maximum of three consecutive

2 extension periods). The Borrower is obliged to pay to the Guarantor an extension fee of 75 HRK for each initiated extension period of the Global Guarantee. The Guarantor is entitled to initiate the legal collection process, regardless of the mentioned process of the Global guarantee Extentions, at any time after the payment due date If the Borrower is in default of repaying the provided credit or any instalments thereof to the Lender after the lapse of three consecutive extension periods, the Guarantor will pay the amount due to the Lender on the first request of the Lender. As a result of this payment the Guarantor has a right of recourse against the Borrower, equally to the rules set forth in the Estonian Law of Obligations. This recourse claim includes all the rights of the Lender which arise from the Credit agreement. The Guarantor is entitled to collect the (entire) amount due, additional costs included, arising from the Credit agreement from the Borrower. 4. Termination, late-payment interests and other costs in case of late payment 4.1. If the Borrower is in default of paying any amount of the fee to the Guarantor for the provided guarantee as set out in Article 3.2. or any other amount due to the Guarantor under or related to the Global Guarantee, the Guarantor is entitled to terminate the Global Guarantee and collect the entire fee payable to the Guarantor and any other amount due, additional costs included, arising from the Global Guarantee Any amount due to the Guarantor under or related to the Global Guarantee which has not (completely) been paid by the Borrower on the agreed due date, will be increased by late-payment interests equal to the applicable legal interest rate. These late-payment interests are due as from the due date until the date of full payment Without prejudice to the provisions under article 4.2, the Borrower will, in case of late payment, be liable to the Guarantor for any costs of court or out-of-court collection or enforcement of the Guarantor s claim against the Borrower. 5. Liability 5.1. The Borrower undertakes to indemnify and hold harmless the Guarantor, at first request, for all damages and costs (including costs of debt collection, legal assistance and legal fees and expenses) that the Guarantor might incur The Guarantor is not liable for any shortcomings in the fulfillment of its obligations under these General Terms and Conditions, if and insofar the non-fulfillment results from a circumstance beyond the Guarantor s control, such as but not limited to: strikes, disturbances in power supply, limitations in the governing laws and rules, measures of any national, foreign or international authority, irregularities, uprising, sabotage, international conflicts, violent or armed actions, war, natural disasters and other natural phenomenon. 6. Applicable law and litigations 6.1. The Global guarantee is governed by Estonian Law If a dispute arises in connection to the Global Guarantee, Parties will firstly enter into consultation with each other to see whether or not an amicable settlement can be reached. If this consultation does not lead to a result satisfactorily for both Parties, the dispute will be submitted for the Harju County Court in Estonia. 2

3 7. Miscellaneous 7.1. The language in which the Credit agreement has been concluded will be the language of communication during the duration of the contractual relationship between the Parties Until the Borrower has fully met his obligations under the Global Guarantee, he is obliged to notify the Guarantor immediately of any change in the data he provided for The Guarantor is at all times entitled to transfer its rights under the Global Guarantee to a third party without the approval or the co-operation from the Borrower The existence and the dimension of the Borrower s debt to the Guarantor will be proven by an extract signed by the Guarantor from its administration, unless proof of the contrary by the Borrower The Guarantor is authorized to use the received electronic personal data of the Borrower for communication purposes to enhance the realization of future agreements (direct marketing), unless the Borrower objects thereto. Such objection can be done for free on the Website or per message to be sent to info@globalguarantee.eu 7.6. The invalidity of any provision of the Global Guarantee shall not affect the validity of its other provisions. In that case, the Parties undertake to replace it with an economically equivalent provision. 8. Privacy 8.1. The Borrower allows unambiguous to the Guarantor the use and the processing of the personal data of the Borrower for the following purposes: - the verification of the identity of the Borrower; - the processing of the Global Guarantee; - the provision and invoicing of the services of the Guarantor; - the communication to enhance the realization of future agreements, unless the Borrower objected to such use of his personal data, on the Website or by sending an to info@globalguarantee.eu The Guarantor is entitled to call for external partners for the requesting, processing and recording of the data which have been provided by the Borrower. The processing of these data will be done in accordance with the provisions of the laws of Estonian Republic on the protection of privacy in relation to the processing of personal data. The Guarantor intervenes as controller Unless otherwise stated below, the Guarantor will keep confident all data received from the Borrower and will not disclose them or make them otherwise available to third parties, without the Borrower s prior written consent Notwithstanding the provisions in article 8.3, the Guarantor is authorized to disclose, i.e. make available to third parties the aforementioned data from the Borrower in the following cases: a) in case the disclosure of data is required by judicial injunction, law or regulation; b) to the debt collection agencies called by the Guarantor in the cases and for the purposes mentioned in these General Terms and Conditions; c) to a legal person affiliated with the Guarantor. The Borrower may ask the Guarantor to provide him with a copy of the list by sending an to info@globalguarantee.eu; Insofar as the Borrower s consent is required by law for the disclosure, i.e. the making available to third parties of data mentioned under article 8.4. b or c, this consent is deemed to be given by the Borrower by concluding the Global Guarantee 3

4 and by accepting these General Terms and Conditions Cookies are used on the Website and are stored by the internet user s browser. Cookies are used in the application process to store information on applications for Global Guarantee and also in order to facilitate following visits to the Website. The browser can be adjusted to prevent the user from receiving cookies during his visit to the Website. In that case, however, it cannot be guaranteed that all Website s applications will be completely accessible for the user The Borrower may access his own data which have been processed by the Guarantor and, if necessary, modify or have them removed by submitting a request by to info@globalguarantee.eu. Other possible questions on the Guarantor s privacy policy can be submitted through the same address. The Guarantor will process each request as soon as possible If the Guarantor or one or more of its subparts or assets is transferred to a third party, the Borrower s data will also be transferred accordingly. 9. Notifications 9.1. Each notification or other declaration under or in relation with the Global Guarantee has to be done in writing in the same language as the language used for the fulfillment of the application for Global Guarantee, and must be sent via mail, fax or to the most recent addresses communicated by the Parties Letters of notice in case of late reimbursement by the Borrower regarding any amount due under the Global Guarantee can be sent by ordinary mail. Appendix 1 Price table for loan Borrowed amount in HRK Period Price in HRK /30 60/ /30 100/ /30 160/ /30 200/ /30 300/ /30 400/ /30 500/ /30 600/750 Price table for instalment loan Borrowed amount in HRK Period Price in HRK 4

5 /90 870/ / / / / / / / / / / / / / / / /3570 5