Terms & Conditions

1. Acceptance of terms

Agreement to terms

By accessing or using the SimplyFunded website, submitting an enquiry, applying for business funding or entering into a funding agreement with us, you agree to be bound by these Terms and Conditions.

Capacity to contract

You confirm that you are at least 18 years of age, have capacity to enter into binding contracts, and are authorised to represent the business if you apply for business funding on its behalf.

Related documents

These terms should be read together with our Privacy Policy and any specific funding agreement or other documents we provide to you.

2. Funding assessment and agreements

Assessment

All funding enquiries and applications are subject to our assessment and approval process. We may approve or decline an application at our discretion and approval is not a promise that funding will be provided until all conditions are satisfied.

Specific funding agreement

If we approve an application, we will provide a written funding agreement setting out the specific terms, which may include the amount, interest or other charges, repayment schedule, security, guarantees and other conditions.

Binding agreement

You become bound by the specific funding agreement when it is accepted or signed as required by that agreement. If there is an inconsistency between these general terms and a specific funding agreement, the specific funding agreement takes precedence for that funding.

Business purpose

Funding must be used for the legitimate business purpose stated in your application or funding agreement. Misrepresenting the purpose or using funds unlawfully may constitute a breach and may result in enforcement action.

3. Interest, fees and charges

Any interest, fees, charges, default costs or early repayment costs will be disclosed in the applicable funding agreement before you accept it. The agreement will explain how amounts are calculated, when they are payable and whether a charge is fixed or variable.

We will not charge an amount that is not permitted by the applicable agreement or New Zealand law. If you have questions about a proposed amount, contact us before accepting the agreement.

4. Repayment terms

Payment schedule

Repayments are due according to the schedule in your funding agreement. The frequency, amount and due dates will be set out in that agreement.

Payment methods

Repayments may be collected by direct debit or another agreed method. You must ensure that sufficient funds are available when a payment is due.

Failed payments and hardship

If a payment fails, you remain responsible for making it as soon as possible and any applicable charge will be dealt with under your agreement. If your business experiences financial difficulty, contact us promptly so we can discuss the available options.

5. Your obligations

• Provide information that is accurate, complete and not misleading.
• Notify us promptly of material changes to your contact details, business operations, financial position or ability to make repayments.
• Use funding lawfully and only for the agreed business purpose.
• Maintain any insurance required by your funding agreement.
• Provide financial records, bank statements and other information reasonably required to assess, administer or monitor the funding.
• Comply with all laws that apply to you and your business.

6. Security and guarantees

Some funding may require security over business or personal assets, a personal guarantee or other credit support. Any security or guarantee will be described in the applicable funding agreement.

If you provide a guarantee, you may become personally liable if the business does not meet its obligations. If a default occurs, we may exercise rights available under the agreement and applicable New Zealand law.

7. Default and consequences

Events of default

A default may occur if you fail to make a payment when due, breach the funding agreement, provide false or misleading information, become insolvent or otherwise trigger an event described in the agreement.

Default actions

Following a default, and subject to the funding agreement and applicable law, we may require immediate payment, charge amounts provided for in the agreement, report relevant information to credit reporting bodies, commence recovery proceedings or enforce security and guarantees.

Recovery costs

You may be responsible for reasonable costs incurred in recovering overdue amounts where the funding agreement and applicable law allow this.

8. Responsible and lawful funding

Our products are intended for genuine business purposes. The legal and regulatory requirements that apply may depend on the nature of the applicant, the purpose of the funding and the terms of the transaction. We will provide any disclosures required by applicable New Zealand law.

Nothing on this website is personal financial advice or a guarantee that funding is suitable for your business. Consider your circumstances and obtain independent advice where appropriate.

9. Privacy and credit information

We collect, use, store and disclose personal information in accordance with our Privacy Policy and the New Zealand Privacy Act 2020.

Where permitted by law and relevant to an application or funding agreement, we may obtain or provide information to credit reporting bodies. This may include information about applications, repayment history, defaults and other credit-related matters.

10. Website use

Permitted use

We grant you a limited, non-exclusive and non-transferable right to access and use the website for its intended purpose.

Prohibited activities

You must not use the website unlawfully, attempt unauthorised access, transmit malicious code, interfere with its operation, copy or commercially exploit its content without permission, or harvest information without authorisation.

Intellectual property and third-party links

Content, trademarks, logos and other intellectual property on the website are owned by or licensed to us. The website may contain links to third-party websites, and we are not responsible for their content or practices.

11. Limitation of liability

We aim to keep the website and services available, accurate and secure, but do not guarantee uninterrupted access or that all information is complete, current or error-free.

To the extent permitted by New Zealand law, we are not liable for indirect, consequential or incidental loss arising from use of the website or inability to access the services. Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.

12. Complaints and dispute resolution

If you have a complaint or dispute, contact us first at applications@simplyfunded.co.nz. We will review the matter and aim to respond fairly and within a reasonable timeframe.

Where a particular funding product or agreement is subject to an external dispute resolution scheme or other complaint process, the applicable agreement will explain the relevant process and contact details.

13. Changes to these terms

We may update these Terms and Conditions from time to time. Changes will be published on this page with an updated “Last updated” date. Continued use of the website after a change means you accept the updated website terms.

Changes to a specific funding agreement require the consent or notice described in that agreement, except where the agreement or law permits a change without further consent.

14. General provisions

Governing law

These Terms and Conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.

Severability

If a provision is found to be invalid or unenforceable, the remaining provisions continue in effect.

Entire agreement and assignment

These terms, our Privacy Policy and any applicable funding agreement form the agreement between you and us regarding the relevant services. We may assign our rights or obligations where permitted by law and the applicable agreement. You may not assign your obligations without our prior written consent.

Waiver

Failure to enforce a right or provision is not a waiver. A waiver must be given in writing.

Questions about these terms

We are here to help you understand your rights and obligations. Contact us for clarification or seek independent legal or financial advice.