Terms of Business
Last Updated: 1st January 2020
- I have the relevant Terms of Business in place as appropriate for each of the Club Lenders.
- I authorise Club Lenders to pay procuration fees to Dynamo for Intermediaries.
- I am authorised and regulated by the Financial Conduct Authority to conduct Mortgage Sales.
- By joining Dynamo for Intermediaries as a member and using their services, I agree to the terms of business laid out below in their entirety.
We will treat all your personal information as private and confidential. In order to process, record and use your personal information, we may disclose it as permitted:
- Where we are legally compelled or have a legal duty to do so;
- Where it is required to administer your business;
- To third parties including lenders and solicitors to offer and/or provide a service to you;
- Where disclosure is made at your request or with your authority.
The same duty of confidentiality and security will apply to these third parties.
Information may be also passed to other financial firms in the course of providing services. We may provide information to our regulators and their successor. We also provide information to our auditors, professional advisors and our parent company.
How Dynamo for Intermediaries will use your personal information
Your details will be used to provide the service you applied for by becoming a member, and for the continuing administration of this service. We will also use your information to assist us in developing and improving our service to you and to monitor business trends in order to improve the products we offer. As part of our service to all club members, we will contact you via email and telephone regarding market changes: such as product withdrawals and releases.
I give my consent for Dynamo for Intermediaries to hold the information provided with the sign-up form for the duration of the agreement. I will promptly notify Dynamo for Intermediaries of any relevant changes in the information I have provided within this form.
For marketing purposes, the information provided in this form may be shared with other companies under The Buy to Let Business name.
You can make a request for ceasing or objecting to the processing of your information.
You can do this submitting a request in writing to: The Compliance Officer, Dynamo, Building Eight, Watchmoor Park, Camberley, Surrey, GU15 3YL.
In order for us to process your request as quickly as possible, please include the following information in your letter:
• Full Name
• Company Postcode
Alternatively you can call our office on 01276 601 041. Our opening hours are Monday to Friday, 8.30am to 5.30pm.
Money Laundering Regulations
We may be required to verify your identity in accordance with the Proceeds of Crime Act 2002 and the Money Laundering Regulations and may request the necessary evidence from you to prove your identity. Failure to provide satisfactory evidence could result in termination of membership.
Duty of Disclosure & Respecting Your Privacy
It is your responsibility to provide complete and accurate information relation to mortgages arranged involving us (including but not limited to operating either as a payment route or a packager), and for you to notify us promptly of any changes that may occur before the mortgage is completed.
During the course of our services we will use your personal data in accordance with the General Data Protection Regulation. We are committed to keeping your personal information safe and confidential.
This Agreement may be terminated at any time, by either party. Notice of termination must be given in writing and will take effect immediately upon receipt. Termination will be without prejudice to the completion of transactions already commenced on your behalf or any rights or obligations arising.
Telephone calls may be recorded for training and monitoring purposes.
Access to Personal Data
You have the right to request copies of all the information a company, such as Dynamo for Intermediaries, holds about you. This is known as a Data Subject Access Request (DSAR). In order to make a DSAR, you will need to put your request in writing to the Compliance Officer at the above address with a certified copy of some form of valid, photographic identification.
If you simply want to request a copy of a document, please contact your Telephone Business Development Manager in the first instance.
If you wish to register a complaint, please contact us in writing at: Head of Dynamo for Intermediaries, Dynamo for Intermediaries, Building Eight, Watchmoor Park, Camberley, Surrey, GU15 3YL, or by telephone on 01276 903 206. Full details of our complaints procedure are available on our website https://www.dynamo.co.uk/complaints and on request.
- The intermediary must act in accordance with its obligations under MCOB and other FCA rules.
- The Intermediary will notify Dynamo for Intermediaries if it becomes aware of any circumstances whereby the FCA may initiate disciplinary proceedings against it.
- The Intermediary agrees that it shall not act in any way that could reasonably be expected to have an adverse effect on the general reputation of Dynamo for Intermediaries or its panel of lenders.
- The Intermediary shall not use the name or the logo of Dynamo for Intermediaries or the Lender in any Financial Promotions (as defined in the Applicable Laws) or other documentation that it may produce, unless prior agreement is obtained in writing.
- The Intermediary shall provide such information as Dynamo for Intermediaries requires to comply with its obligations under the Applicable Laws and will immediately notify Dynamo For Intermediaries of any actual or proposed change or variation to its Authorisation and Licences, e.g. significant changes in ownership and board of directors.
- You will not seek to entice any of our employees (or agents) to enter into your employment or agency during the term of this agreement or for a period of 12 months thereafter.
- The Intermediary shall treat as confidential the terms of this Agreement, the procedures and such other information as Dynamo for Intermediaries may make available to the Intermediary in connection with the Agreement. This clause shall continue in effect beyond the term of this Agreement.
- The Intermediary shall endeavour to keep a complete, accurate and up-to-date record of the Business conducted under this Agreement as may be required to show at any time that it has complied with the requirements of the Applicable Law, the Licences and the procedures. This record will be available upon reasonable notice for inspection and copying by Dynamo For Intermediaries and / or Dynamo For Intermediaries Auditor and / or any of its lender panel.
- The Intermediary will be responsible for undertaking the interview of their client in accordance with the current Regulatory regime (i.e under the requirements of the FCA).
- The Intermediary undertakes to gather sufficient information to be able to understand the client needs, assess affordability and offer advice accordingly. Dynamo for Intermediaries is not responsible or accountable for advice given. The Direct Relationship is between Broker and Client. Dynamo for Intermediaries relationship is directly with the Intermediary.
- Dynamo for Intermediaries shall forward to the Member an agreed proportion of the fees received by it from a Lender in respect of Mortgage Business placed by the Member with such lender. With effect from 5pm on 18th October 2019 Dynamo for Intermediaries will charge a non-refundable £199 Packaging Fee per application when using our packaging services. Dynamo for Intermediaries will complete a decision in principle with the chosen lender, free of charge, and provide an DIP accept email to the introducing broker confirming initial supporting documents required for the application. The packaging fee becomes payable on receipt of the first document provided in support of the application. Dynamo for Intermediaries will not process any documents for the application and reserves the right to place the application on hold until the fee is paid. A decision in principle may or may not be credit backed dependent on the selected lenders systems and processes.
- Dynamo for Intermediaries does not accept responsibility for any loss, whether consequential or otherwise, from errors or omissions and reserves the right to vary the published fee or commission arrangements in such circumstances, without prior notification.
- Details of procuration fees payable is detailed on our website under the lenders details and for members who have logged in under the Proc Fees tab.
- Where an over or under payment of the procuration fee is identified, Dynamo for Intermediaries or the Member, whichever party is in debt, agree to resolve and repay any owed monies within 14 day of notification.
- Dynamo for Intermediaries reserves the right to offset monies owed against future procuration fee payments due to the Member.
- Dynamo for Intermediaries will endeavour to make relevant procuration fee payments by BACS within 24hours of receipt of both Statement from the lender and cleared funds receipted into Dynamo for Intermediaries' bank account.
- The Member undertakes to comply with all applicable Regulatory Requirements in relation to the Business. The Member similarly undertakes that it will do nothing, which may render Dynamo for Intermediaries in breach of the Regulatory Requirements. The Member further undertakes to do everything within its power to ensure all its employees, directors, officers and agents shall comply with these Terms of Business.
- The Member shall indemnify and keep indemnified Dynamo for Intermediaries in respect of liability, losses, damages, claims, proceedings, costs and expenses (including reasonable legal costs), Dynamo for Intermediaries may suffer or incur arising from any breach by the Member or any Sub-Broker of its regulatory obligations under this Agreement (including any breach of any Applicable Laws) except to the extent that the losses have been caused by the Company's negligence or wilful default.
- This Agreement shall be governed by and construed in accordance with English Law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts except where the Intermediary is a firm incorporated in Scotland or Northern Ireland in which case the Agreement may be governed and construed in accordance with the law prevailing in either of these jurisdictions as appropriate and the parties may instead submit to the jurisdiction of the Scottish or Northern Irish courts.
We may amend the conditions set out within these terms of business at any time and without notice.
We reserve the right at our sole discretion to decline all or any enquiries or applications and we are not required to give a reason for doing so.