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Appendix No. 4 to the User Agreement.
FINHUB Business Conditions

1. FINHUB Terms of Business is an integral part of the User Agreement, so before accepting FINHUB Terms of Business, please make sure that you have studied, understood and accepted the entire text of the User Agreement. If you disagree with any of the conditions of the FINHUB Terms of Business and / or the User Agreement, please immediately stop using the FINHUB Website.

2. FINHUB business conditions – defines, including, but not limited to, the conditions and procedure under which each FINHUB Website User accesses and uses the FINHUB Website and Services provided through the FINHUB Website, as well as the procedure for creating placing projects on FINHUB and the procedure for financing these projects.

3. Terms with a capital letter not defined in this document have the meaning indicated in other documents that make up the User Agreement.

4. The terms used here starting with a capital letter have the following meanings:

  • Investor: a registered user of the Site who promises the Sum of investments in relation to the Campaign.
  • FINHUB Fees: Fees payable to FINHUB as indicated in this document, as well as the Terms of Use and / or other pages of the FINHUB Website, which is updated from time to time.
  • Campaign Description: information provided by the Creator of the Campaign with a detailed description of his Campaign and the terms of the Campaign and subsequently approved by FINHUB for posting on the Site.
  • Campaign: the process by which the Campaign Creator places a crowdfunding campaign on the FINHUB website in order to obtain:

a) Contribution contributions in exchange for providing rewards, or

b) Investment amounts in exchange for the issue of Shares, the provision of a share in the Authorized Capital and / or the provision of a loan (as the case may be), subject to the achievement of the Target Amount.

  • Campaign Creator: a company, regardless of whether it is an individual or a legal entity, seeking to raise funds through the Website. For the avoidance of doubt, any Campaign Creator conducting an Equity Campaign should be a company or individual intending to create a real, honest business project.
  • Campaign closing date: the date set by FINHUB by which the campaign should reach its target amount. FINHUB may extend this date at its discretion.

5. FINHUB classifies each Investor / Lender as a certified individual and / or legal entity with a high level of equity, experienced lender or retail client. The Investor / Lender is responsible for self-certification, where appropriate and applicable, and does so truthfully and completely.

6. Each Investor / Lender by creating an Account expresses an unconditional understanding of the risks associated with doing business on FINHUB, as well as the risks associated with investing and / or Crediting Companies. Before creating an account, based on the answers provided in this questionnaire, in some cases it may be necessary to exclude one or more Retail investors from access to some or all of the Debt Services.

7. In order to make an investment in the Campaign, the Lender / Investor must make sure that his account contains funds at least equal to the Investment amount.

8. When the Lender / Investor makes an Investment, the Investment Amount is transferred to FINHUB accounts and stored there, until the Target amount is collected, it is deducted from the available funds in his Wallet and transferred to the FINHUB Deposit Wallet.

9. If the Campaign has reached its Target amount before the Campaign Closing Date, the Investment Amount must be transferred from the FINHUB deposit account to the FINHUB special account, from which, in accordance with the provisions of the User Agreement (including all its annexes), payments are made in favour of Campaigns.

10. If the Campaign has not reached its Target amount before the Campaign Closing Date, and FINHUB has not extended the Campaign term, the Investment amount should be transferred from the FINHUB deposit account back to the User’s accounts, and the User shall bear all expenses associated with the transfer of funds.

11. If the User makes payment for the purpose of investment, credit, donation, etc. to a Campaign that reaches the Target Amount, you unconditionally authorize FINHUB to act as your agent to conclude any agreement on your behalf regarding the Campaign for which you paid.

12. The Lender / Investor agrees that FINHUB is permitted to sign in any capacity on behalf of the Lender / Investor, including, without limitation, as an agent, any document or to take any action necessary to fulfill any issues set forth in these Website Terms , The terms of the user or any other conditions applicable to your transaction using the FINHUB platform. These powers should include, but are not limited to, signing any exceptions to pre-emptive rights, shareholder agreements, loan agreements and other documentation with any Campaign Creator.

13. All users, including, but not limited to, acknowledge, agree and undertake to represent only themselves or the company they represent.

14. After completing the registration process and creating an Account, the Campaign Creator who wants to create a Debt Campaign must complete the business profile and business plan sections of his toolbar on the Website before submitting the campaign description to FINHUB.

15. To provide a description of the campaign, the campaign creator must provide at least:

  • (a) the amount that the Campaign Creator wishes to collect;
  • (b) loan term;
  • (c) whether the Loan will be guaranteed, and if so, the details of the guarantor, including, but not limited to:

– (i) Passport/ or ID card number; and

– (ii) address history;

  • (d) whether the Loan will be secured and, if so, what the collateral will be;
  • (e) information regarding any existing loans or loan agreements that the Campaign Creator and its guarantor currently have (if applicable);
  • (f) bank sort code;
  • (g) any details necessary to set up direct debit; and
  • (h) any other information reasonably required by FINHUB to enable them to endorse Campaign Description.

16. FINHUB shall not be liable for any loss or loss incurred due to inaccuracy of the data listed in paragraph 15.

17. After the Campaign Description has been submitted by the Campaign Creator, FINHUB will review the information provided and, at its sole discretion, will either decide to approve, amend or reject the Campaign Creator Campaign Description for publication on the Website.

18. The campaign will be eligible for approval only if the following requirements are met:

  • (a) Campaign Creator is a limited liability company, limited liability company, limited liability partnership, individual entrepreneur or (unlimited) partnership;
  • (b) The campaign creator has a working bank account to facilitate payments;
  • (c) the campaign Creator’s business does not include lending money or renting assets on its own balance sheet;
  • (d) The creator of the Campaign does business for profit and is not a non-profit or charitable business; and
  • (e) The activities of the Campaign Creator are not currently suspended.

19. The creators of the Campaign agree to make every effort to conduct their business in accordance with what was presented in the Campaign Description.

20. If the Campaign Description has been approved by FINHUB, the Campaign must begin on the day of approval, and Lenders / Investors can begin to carry out the investment process by making payments to FINHUB accounts. When making an investment, each Lender / Investor unconditionally agrees to conclude all the necessary agreements for financing the Company, and also authorizes FINHUB to act as its agent, which is vested on behalf of the Lender / Investor with the conclusion of these agreements, agreements, etc.

21. The campaign ends on the Closing Date of the Campaign, after which the Creator of the Campaign is notified to FINHUB of the achievement or non-achievement of the Target amount. If the Target amount has been reached, the Campaign Creator is obliged to confirm within three working days the intention to accept the collected investments, as well as confirm the consent and intention to sign the necessary agreements that will be indicated by FINHUB. For the avoidance of doubt and in accordance with the rest of the User’s Terms, nothing in these Terms of Debt should prevent the Creator of the Campaign from cancelling the Campaign at any time before the Campaign Closing Date.

22. If the Campaign reaches the Target amount prior to the Closing Date of the Campaign, and the Creator of the Campaign accepts the conditions set forth in paragraph 21, then the Creator of the Company must:

  • (a) enter into a binding agreement for each investment with each of the relevant Lenders / Investors on whose behalf FINHUB will act. The draft loan agreement must be attached to the business plan and approved by FINHUB. If the Creator of the Campaign does not have the resources to develop the relevant documentation, then this documentation can be developed by legal and consulting companies that are accredited by FINHUB. The documentation is being developed at the expense of the Campaign Creator. In addition to the rights granted by FINHUB, which are described in the Terms of Use, User Agreement, each Lender / Investor and Campaign Creator authorizes FINHUB to act as an agent that allows them to fulfill the Loan Agreement and other necessary documentation (mortgage, pledge agreements, sales contract, etc.) on its own behalf.
  • (b) FINHUB, as an agent, the Lender / Investor has the right to sign Personal Guarantees and other documents ensuring the execution of the Campaign with third parties;
  • (c) Investment amounts will be transferred only after the Creator of the Campaign fulfills all the conditions specified in this Appendix, the Terms of Use, the User Agreement, as well as other conditions if FINHUB is necessary.
  • (d) The creator of the Campaign must ensure that all relevant documentation that has been identified in the business plan, as well as the documentation that FINHUB believes is necessary, is filled out. If necessary, the Campaign Creator must delegate to FINHUB or to persons indicated by FINHUB powers of attorney on the basis of which actions will be taken to possibly reduce the risks of Lenders / Investors. For the avoidance of doubt, FINHUB is not responsible for the successful implementation of the Campaign.

23. Lenders / Investors acknowledge that when FINHUB approves the Campaign Description, it does so as the governing electronic system for lending. Lenders / Investors both acknowledge and agree that the FINHUB approval of the campaign description does not confirm the description of the Campaign as a whole, and that no conclusions can be drawn on it.

24. Lenders / Investors can view current Campaigns by going to the Opportunities page of the Website when they enter the Website.

25. If the Lender / Investor decides to make an investment in the Campaign, he should already carefully study the documentation describing the Campaign before making the Investment Amount. Making an Investment, the Lender unconditionally agrees that (in case the investment is accepted, as described in detail in this document), any investment made is subject to the conditions specified in this Appendix, Terms of Use, User Agreement.

26.After the Lender has made an Investment in the Campaign, it is not refundable, unless:

  • (a) The campaign failed due to non-compliance with the Target amount; or
  • (b) The Creator of the Campaign refuses to raise funds in accordance with the conditions specified in this Appendix, Terms of Use, User Agreement;
  • (c) FINHUB cancels the Campaign or Investment amount, in which case the Lender’s funds will be transferred back to the Lender / Investor minus FINHUB expenses.

27. If the Campaign reaches the Target amount and the Campaign Creator accepts all the conditions necessary for receiving the investments described in the conditions established in this Appendix, Terms of Use, User Agreement, Investment amounts must be transferred to the Campaign Creator’s account in accordance with the conditions on which the investment was collected.

28. Any third party fees (including but not limited to the FINHUB fee) or transaction fees will be charged to the Lender / Investor, so the Campaign Creator will receive the collected amounts minus these fees.

29. The Campaign Creator agrees to repay the Investment Amounts in accordance with the conditions set forth in this Appendix, the Terms of Use, the User Agreement, and in accordance with the documentation signed by the Campaign Creator and FINHUB as an agent of the Lenders / Investor.

30. The Creator of the Campaign acknowledges and agrees that failure to fulfil obligations to repay the Loan may lead to:

  • (a) the total cost of debt increases;
  • (b) default fees or additional interest charged by the Campaign Creator;
  • (c) impaired credit ratings; and / or
  • (d) litigation and related costs arising from such litigation brought against the Creator of the Campaign.

31. The Creator of the Campaign may, at its discretion, return all (but not part) of the Investments to Lenders / Investors at an earlier time than specified in the Business Plan and or the Description of the Campaign. If the Creator of the Campaign decides to return the Investment ahead of schedule, he will not be charged early repayment, but he will have to pay interest / dividends for the full month for the month in which he decides to return the Investment.

32. If any of the following events occurs at any time, any Investment Agreement (with the exception of the Investment Return Agreement) relating to the Campaign shall immediately terminate and the entire investment amount or the remaining investment amount shall be immediately paid to the Lenders and / or FINHUB (which acts as an agent on behalf of all lenders):

  • (a) The Creator of the Campaign or its guarantor (if applicable) does not pay the Lender and / or FINHUB any payment or repayment 90 days after the due date of payment or repayment;
  • (b) The Creator of the Campaign declared financial default on a single loan funded through the FINHUB platform;
  • (c) The Campaign Creator’s account at FINHUB was terminated for any reason;
  • (d) an order / decision was given to curtail / terminate the activity of the Campaign Creator;
  • (e) A campaign creator has been appointed a liquidator to manage the insolvency process and / or another person appointed in connection with the removal of the director of the Campaign Creator and / or there is a risk of appointing such a person and / or restriction of the rights of the management of the Campaign Creator;
  • (f) The creator of the Campaign declares in a written form that he cannot pay his debts when they are due; or
  • (g) The Creator of the Campaign usually compromises, agrees or assigns with its creditors.

33. For the avoidance of doubt, FINHUB (or his candidate) is not liable if the investments are not properly registered by the Creator of the Campaign with state authorities and all responsibility lies with the Creator of the Campaign.

34. The Creditors / Investors and the Campaign Creator acknowledge FINHUB’s right to sell or transfer the Encumbered Assets to a third party and distribute the proceeds to repay the Campaign Creator’s debt to the Lenders.

35. The creator of the Campaign is not entitled to transfer any of his rights and obligations acquired in connection with the use of the FINHUB platform.

36. Each Lender may transfer, by novation, his right, title and interest in Investments, as well as all rights associated with him, to any other eligible participant who has an account with FINHUB (who is the “New Lender / Investor”), and each Campaign Creator gives preliminary consent to this assignment.

37. The transfer of the rights of the Lender / Investor is carried out:

  • (a) The Lender / Investor sends a written notice to FINHUB that he wishes to secure his rights in relation to the made Investment to the New Lender. A contract for the assignment of claims (cession) is attached to this notice.
  • (b) In addition to the rights granted by FINHUB in accordance with this Appendix, Terms of Use, User Agreement, FINHUB may execute both the Cession Notice and Cession Agreement, acting as an agent on behalf of the Campaign Creator, Lender and the New Lender , and this will have the same effect as if the Cession Notice and the Cession Agreement were signed by all parties on paper.

38. FINHUB charges a fee of 1% of the sale / assigned price from Lenders / Investors when issuing the Cession Notice and the Cession Agreement.

39. FINHUB charges the Creators of all successful Campaigns that achieve at least the target value:

FeeAmount raised
6,00%Up toEURO  500 000
2,50%More thanEURO  500 001

40. FINHUB will charge an annual mediation fee of 1% of the outstanding principal amount (“Mediation Service Fee”), which is paid monthly.

41. The monthly fee rate for intermediary services will be deducted from the amounts received from Lenders / Investors upon receipt of each monthly payment from the Campaign Creator (therefore, each Lender must receive its monthly payments minus the fee for intermediary services). If the Creator of the Campaign misses the repayment, the Commission for intermediary services related to this repayment will not be deducted from the funds of the Lender / Investor until this compensation is received. The mediation fee covers our role in providing mediation services in connection with the introduction between the Lender / Investor and the Campaign Creator. This fee does not cover administration and investment promotion costs.

42. For all payments made in accordance with the Investment Agreement, the Campaign Creator shall, where applicable, withhold any and all relevant interest taxes at the source and report them to the appropriate tax authority until payment is made.

43. The Lender / Investor acknowledges and agrees that the gross taxable income derived from each repayment in accordance with the Investment Agreement must be declared to the appropriate tax authorities. For the avoidance of doubt, although FINHUB processes each repayment in such a way that the Lender / Investor receives the repayment minus the Fees for intermediary services and any other taxes withheld at source, the Lender / Investor should, where applicable, declare the gross taxable income from each repayment, as if mediation fees or other taxes were not deductible.

44. The Lender / Investor acknowledges and agrees that, by entering into an investment agreement, he understands the inherent risks arising from various tax rules and legislation.

45. The creators of the Campaign are advised not to take any action depending on the Campaign that reaches the Target Amount until they can withdraw funds in accordance with the terms specified in the Investment Agreement.

46. ​​FINHUB reserves the right to cancel / decline the provision of collateral from the Lender / Investor for any reason and at any time.

47. FINHUB reserves the right to cancel, interrupt, suspend and delete the Campaign for any reason and at any time. FINHUB is not liable for any damage resulting from any action taken in accordance with this paragraph.

48. With the exception of the cases set forth in this Appendix, the Terms of Use, the User Agreement, nothing is intended and should not be construed as the creation of any partnership or joint venture between any party or the compilation of either party as an agent of the other party.

49. If the Creator or the Lender / Investor has any questions regarding the Campaign, he can view our frequently asked questions page or, alternatively, contact us by phone or email indicated on the FINHUB website.

50. Taking into account the time, costs and efforts undertaken by FINHUB to investigate your business and verify its suitability for placement on the Platform, you undertake for the period from the date you sent your Campaign and the next 36 months after (“Exclusion Period” ), you agree not to list or represent your business for listing on any other crowdfunding platform during the Exclusivity Period. You acknowledge and agree that FINHUB will spend significant time and money preparing your business for placement on the Platform. You agree with FINHUB that the approximate cost of FINHUB of this work on a commercial basis is 5,000 Euros and that this amount is a reasonable estimate of the cost of the work incurred and incurred by FINHUB. You agree that FINHUB may, in its sole and absolute discretion, require you to pay an amount equal to its costs for preparing your business for a listing not exceeding 5,000 Euros, in the form of compensation for losses in case of violation of the exclusivity described above and failure complete the campaign on the Platform.

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