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General Terms and Conditions
Introduction
These terms and conditions set out the contract between you and us. They explain our obligations to you, and your obligations to us, when you join Openet Plc. There are other conditions, which are implied or included by law, such as your statutory rights as a consumer, even if they do not appear in these conditions. You should read these terms and conditions carefully. If there is anything you do not understand, please contact Openet Plc: 52 High Street, Harlesden, London NW10 4LS.
Definitions
We (and us) Openet Plc, Accounts unless otherwise stated is the Openet Plc product with reference to the website and leaflets. 

Eligibility and Membership
To become a member with us you must meet our Eligibility Criteria. This means that:

a)   you must be an individual, at least 18 years old, living in the United Kingdom.
b)   not be a credit broker or lend money to other persons in the course of any business.

If you meet our Eligibility Criteria, you can register with us as a Member. As part of this process:

c)         we will make identity and fraud checks;

When these steps have been completed, we will register you as an Openet Member, give you an Account Number and set up your account with us.
If we are unable to complete any steps in Principle, we will not register you as an Openet Member. We can refuse to act on any instruction that we believe:

(i) was unclear;
(ii) was not given by you or
(iii) might cause us to breach a legal or other duty; or if we think Openet PLC is being used for an illegal purpose.

General Conditions
This section always applies.

  1. Start date: Your Account will begin when we accept your application, the membership fee and initial investment received. If we do not accept your application, we will return your payment.

  2. Paying into your Account? Each time you make a payment to your account you will be purchasing Openet Plc shares, your payments must not be less than any minimum we have specified. You can make lump sum (or one-off) payments into your Account.

  3. Paying by cheque? If you pay into your Account by cheque, the date on which your shares will start earning interest will be five working days after the payment has been made. If a cheque or other payments is returned unpaid, Openet Plc will take the amount for that item, and any interest paid on it, from the Account.

  4. Interest: Openet Plc will calculate interest daily and credit it to your Account the day after the close of business at the end of your term or the agreed payment scheduled. If you pay cash into your Account, it will earn interest from the following day. If you pay into your Account by cheque, it will earn interest according to (c) above.

  5. Changing the Charges or Interest Rates: We may change our charges or interest rates at any time, to avoid unnecessary postal or other costs we may make a change without telling you if:

  • You will benefit from the change; and
  • You will take the benefit whether or not you have been told about this change. If a regulator require us to make a change at short notice, we may not be able to give you notice of that change.  Otherwise we will give you at least 30 days notice of any increase in our charges. We may make a change to our charges and interest rates to:
  • keep our business competitive as a whole, taking account of actual or expected changes in market conditions:
  • reflect accurately or expected changes in the property market interest rates
  • make sure that we can run our business wisely
  • take account of changes in the law or regulations; or
  • take account of inflation.

            We may also change our charges or interest rates, by giving you notice at any time, or any other reason, which is valid.

  1. Cashing shares or closing your Account? You can write to us at any time to cash in some or all of the shares in your Account. However, there may be a charge payable if this is carried out before the agreed term of investment.

  2. Borrowing:"Borrower" means an Openet Member who borrows money under a Loan Contract; "Borrowing Criteria" means the amount that you, as a potential Borrower, would like to borrow from Openet PLC.

  3. Investing:"Investor" means an Openet Member who invests money under an investment agreement; "Investment Criteria" means the amount that you, as a potential investor, would like to invest with Openet PLC.

  4. Investment Exchange;
      • If you decide to invest using our Investment Exchange, you must first purchase shares for the total amount you wish to invest in your Openet Account by bank transfer, direct debit from your Nominated Account, PayPal, Visa or Master card. Please always quote you your name and your Openet account number as reference. All payments you make will be recorded as purchases in your Openet Account. If you want to borrow through the Investment Exchange, you will have the opportunity to post indicative Borrowing requirement.

  5. Death :If you die then this agreement is terminated and Openet Plc shall pay back the full investment and in its absolute discretion pay interest to your personal representatives. They must however, first prove to us that they have the authority to receive the money.

  6. When we keep money from the proceeds of your Account? We are entitled to use any cash in your Account:

    • to pay our charges; and
    • to pay tax or other amount necessary to the Inland Revenue or other government agency in relation to your Account. If we do not know how much the tax or other amount will be, we may keep an amount of cash that we feel is reasonable and appropriate.
  1. Statements: We will send you statements at least once a month and these will meet the rules of any relevant regulator. Each statement will contain a note of the balance of your Account and details of any transactions carried out since:
      • you set the Account up; or
      • the date of your last statement; if this is earlier. If you withdraw or cash in any or all of your Account, we will send you a statement of the value and how we have arrived to that value.

Who owns the Shares in your Account? You own the shares whether directly or indirectly. You are not allowed to transfer your rights to the shares to any other person.

Other people: Our relationship is with you and we will not recognise the interest or claim of any other people, unless by law we have to. For example, this means that you cannot use any of the shares in your Account as security for any borrowing or other money, which you owe.

When we may close your Account : We can give you one month written notice if we plan to close your Account because we decide in good faith that it is no longer reasonably practical for us to keep to the Account Regulations.

Cancellation Rights: You can cancel your Account by writing to us within 14 days of making your first payment. We will return your money in full.

If we cannot provide services : If we cannot provide services due to circumstances beyond our reasonable control (including strikes, industrial action or the failure of equipment or power supplies), we will not be liable to you for any loss, which you may suffer.

Liability: We have no liability for errors of judgement or for any other action we have taken in good faith, or not taken, in connection with your Account, unless there is a default or negligence by us. However, nothing in these terms and conditions excludes or restricts any liability, which we may have by law or as a result of breaking any regulatory rules.

Governing Law :This agreement shall be governed by and construed in accordance with English law and a single arbitrator to be appointed by agreement between the parties shall refer any dispute arising out of or in connection with this agreement to arbitration for determination. The law of Scotland will also apply to these terms and conditions. This agreement shall be binding on the parties hereto their respective successors and permitted assign heirs and or legal representatives.


TERMS OF USE BETWEEN USER AND OPENET PLC

Data Protection
Openet PLC is registered under the Data Protection Act 1998.

Terms of Business
The following information informs you of the Terms and Conditions pertaining to the services provided by Openet Plc, how we charge for such services and the general usage of this Website. It also sets out our copyright protection and rights of redress should these general and specific rights be abused in any way. We reserve the right to use software that identifies usage, and abuses of intellectual property belonging to Openet Plc.

How We Conduct Business
Openet Plc (‘the Company’) provides a range of financial services to business and personal clients (‘the Client’). The company provides an unbiased and impartial service and will recommend financial products from a number of lending organisations. One initial free consultation is provided to all clients. At the discretion of the company and with agreement from the client, this may be conducted either via a telephone conference or a face to face meeting at the clients’ or Openet premises.

Following the initial consultation the company will advise the client on the most appropriate and cost effective actions to achieve the clients stated financial objectives. The recommendations will be delivered to the client normally within five working days from the initial consultation in the form of a Summary Report. The report will contain details of the proposed services to be provided to the client and will also include any fees that the company will charge for organising and arranging the financial service on the client’s behalf. Any fees charged by the company will only be applied on successful conclusion of the financial service transaction. The definition of ‘successful conclusion’ meaning the completion of a loan, equipment lease, commercial mortgage, cash flow solution or other financial service.

The client has the opportunity to review the report and to instruct the company to proceed or otherwise. Should the client wish to proceed he will be asked to sign and return an ‘Instruction to Proceed’ which is a formal and binding agreement under these Terms of Business and Conditions. Upon receipt the company will initiate all necessary action to provide the financial service(s) agreed. If following the issuance of an instruction to proceed, the client decides to cancels the instruction at any time before completion; he will be liable to the company for all quoted fees as outlined above.


Website Legal Terms:
Please review the following Terms and Conditions concerning your use of the Website. By accessing, using or downloading any materials from the Website, you agree to follow and be bound by these Terms and Conditions (the "Terms"). If you do not agree with these Terms, please do not use this Website.

General Use:

All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Openet Plc or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Openet Plc and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Openet Plc or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Website on any other server without prior express written permission. Except where expressly provided otherwise by Openet Plc nothing on this Website shall be construed to confer any license under any of Openet Plc or any Third Party Provider's intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses.

Materials provided by Third Party Providers have not necessarily been independently reviewed, tested, certified, or authenticated in whole or in part. Openet Plc does not promote, recommend, provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Openet Plc. Openet Plc hereby grants you permission to display, copy, distribute and download Openet Plc materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for unofficial dissemination; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Links to Third Party Sites:
This Website contains links to Websites controlled by parties other than Openet Plc who are not responsible for and do not endorse or accept any responsibility for the contents or use of these third party Websites. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

Software Use:

Software that may be made available to download from this Website ("Software") is the copyrighted work of Openet Plc and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, OPENET PLC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Submissions:
Except where expressly provided otherwise by Openet Plc, all comments, feedback, information or materials submitted to Openet Plc through or in association with this Website ("Submissions") shall be considered confidential. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Openet Plc, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.


Disclaimer:
WHERE EXPRESSLY PROVIDED OTHERWISE BY OPENET PLC THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", AND OPENET PLC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. OPENET PLC MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. LIMITATION OF LIABILITY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL OPENET PLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, INVESTMENT, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF OPENET PLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND YOU WILL NOT MAKE A CLAIM AGAINST OPENET PLC FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD OPENET PLC HARMLESS FROM, AND YOU COVENANT NOT TO SUE OPENET PLC FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEBSITE.

Openet Plc controls this Website from its headquarters in the United Kingdom and makes no representation that these Materials are appropriate or available for use in other locations. The service is hosted in the UK at a location other than the company headquarters and as such you should be aware that any data that you submit travels to a secure server in another location. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

General:
This Website may include inaccuracies or typographical errors. Openet Plc and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Openet Plc may periodically make changes to the Website. Any action related to these Terms will be governed by the law prevailing in England and Wales and any superior EU legislature.

These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. Openet Plc has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Openet Plc

Intellectual property and trademark notices:
Elements of the Website are protected by trade mark protection and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or re-transmitted unless expressly permitted by Openet Plc. The Openet Plc logo is a registered trademark and copyright protected. It must not be copied or reproduced in any way.

Legal contact:
If you have any questions about these Terms and Conditions, or if you would like to request permission to use any Materials, please contact Openet Plc either by e-mail to info@openetplc.co.uk or by post to the company address, sending any communication by registered post; Openet Plc, 52 High Street, Harlesden, London NW10 4LS


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