Terms of Use

TERMS AND CONDITIONS of BORROWING CONSULTING AGREEMENT

The Terms and Conditions hereby is the integral part of the Agreement

NOW IT IS HEREBY DECLARED AND AGREED as follows:

1. SCOPE OF SERVICE PROVISION

Subject to the terms and conditions of this Agreement, the CONSULTANT, at the CLIENT's request, agrees to provide consulting services related to the LOAN of the CLIENT at LENDER (the "Service") and the CLIENT agrees to use CONSULTANT's SERVICES, including but not limited the following contents:

1.1.            Collecting, validating and verifying the CLIENT’s personal data and other information to be provided by the CLIENT and review of the LOAN applications made by the CLIENT;

1.2.            Advising on the characteristics of the LOAN, LOAN AMOUNT and LOAN TERM;

1.3.            Advising on the conditions of borrowing for the CLIENT, applications, and necessary provisions for the LOAN;

1.4.            Advising and assisting the CLIENT in preparing the necessary documents; drafting the LOAN Application;

1.5.            Arranging for the signing of the LOAN AGREEMENT between the CLIENT and LENDER;

1.6.            Assisting and connecting contact between the CLIENT and LENDER;

1.7.            Assisting the CLIENT with all matters arising during the LOAN TERM including the late payment time and the extended time of the LOAN (if any);

1.8.            Advising on conditions and/or procedures for the extension of the LOAN;

1.9.            Carrying out the related services and assisting the CLIENT to perform the LOAN Agreement in accordance with the request of the LENDER.

2. FEES

  1. Within the scope of the SERVICES mentioned in the Clause 1 above, the CONSULTANT can charge the following FEES from the CLIENT in the payment day confirmed with the CLIENT:
    1. Consulting Fee(hereafter referred as the “CF”): is applying to the consulting services for the CLIENT related to the LOAN as well as the credit assessment of the CLIENT, i.e validation and verification of the CLIENT’s personal data and other information to be provided by the CLIENT. The CF is based on the LOAN AMOUNT and the LOAN TERM. The CF is determined at the time the CLIENT and LENDER enter into the related Loan Agreement, it is calculated for each day of using the LOAN starting from the first day of LOAN transfer to the CLIENT’s bank account. This fee can be changed accordingly if the LOAN AMOUNT and/or the LOAN TERM is changed. The CF will be calculated as below:

      CF = LOAN AMOUNT * LOAN TERM * 1.25%

    2. Prolongation Fee (hereafter referred as the “PF”): will be applied whenever the CLIENT requests the CONSULTANT to arrange with the LENDER the extension of the LOAN TERM and will be charged right after the CONSULTANT has arranged the extension of the CLIENT's LOAN TERM successfully. The PF is determined on the basis of the LOAN AMOUNT and may be changed accordingly if the LOAN AMOUNT for the the extended time period is changed. The PF will be calculated as below:

      PF = LOAN AMOUNT * 5%

    3. Fine for violation (hereafter referred as the “FFV”): will be charged from the Client in case of the Client has delayed the payment of the certain part of the CF (hereafter referred as the “OVERDUE DEBT”) for the certain number of days after the DUE DATE (hereafter referred as the “DAYS PAST DUE” or “DPD”). The FFV will be calculated as below:

      FFV = OVERDUE DEBT * DPD* 1.875%

  2. The FEES (Consulting Fee, Prolongation Fee and Fine for violation) are include 10% Value Added Tax (VAT).
  3. The FEES arisen will not be refunded for any reason in any case even if the LOAN is paid before the DUE DATE.
  4. By applying for a LOAN from the LENDER or requesting the extension of the LOAN, the CLIENT confirms and agrees to the FEES specified in this Agreement and the CONSULTANT will send to the CLIENT a notice via the Transaction Registration Method that the CLIENT has registered with the LENDER during the execution of the LOAN AGREEMENT (“Transaction Registration Method").
  5. Payment of FEES:
  1. Payment of FEES through the third party is the payment method permitted under this Agreement unless otherwise agreed in writing by the Parties.
  2. The priority of repayment the FEES under this Agreement is the following:
    1. FFV
    2. PF
    3. CF
  3. The CLIENT undertakes and ensures to be responsible and performs all obligations relating to the usage of the CONSULTANT’s SERVICES under this Agreement. The CLIENT agrees to comply with the CONSULTANT 's instructions for payment of FEES for the CONSULTANT through the bank account, indicated in this Agreement or another bank account instructed by the CONSULTANT from time to time via sms and/or email, on CONSULTANT’s official Web-site or by other means confirmed by the Parties.

3. CONTRACT TERM

  1. This Agreement has a term corresponding to the LOAN TERM.
  2. In case of the LOAN prolongation the PF will also be charged. Therefore, when the LOAN TERM is extended, the term of this Agreement is also extended with the corresponding period.

4. RIGHTS AND RESPONSIBILITIES OF THE PARTIES

  1. Rights and responsibilities of the CONSULTANT:
    1. CONSULTANT is entitled to receive the FESS from the CLIENT in accordance with the terms and conditions specified in this Agreement.
    2. CONSULTANT is responsible for providing the SERVICES to the CLIENT in a professional and attentive manner to ensure that CLIENT's financial needs are met timely and properly.
    3. CONSULTANT undertakes to fulfilling its obligations under this Agreement with experience, skill and prudence.
    4. CONSULTANT may, at its own discretion and subject to mandatory requirements of local laws, assign claims under this Agreement to a third party
  2. Rights and responsibilities of the CLIENT
    1. The CLIENT has the right to refuse to use the Service in the following ways:
      1. Within 01 days after receiving any Notice from the CONSULTANT / or the CONSULTANT’s partner (through the Transaction Registration Method registered by the CLIENT previously) on the disbursement of the LOAN, the CLIENT must call the CONSULTANT’s Client Service Center to request refusal to enter into the Agreement; and
      2. The CLIENT reimburses all of the LOAN that has been disbursed by the LENDER to the CLIENT (in case the LOAN is disbursed) to the bank account specified in the LOAN Agreement within 01 (one) working day from the date of receiving such a disbursement.
    2. Regardless of any reason, if the CLIENT fails to refuse or reimburse the LOAN within the above time limit in the method specified in this Clause, the Agreement is deemed to have been signed by the CLIENT and effective as specified below and the CLIENT has no right to refuse or terminate the Agreement in any way.
    3. The CLIENT is responsible for paying in full and on time the FEES as specified in the Clause 2 of this Agreement above.
  3. Entering into this Agreement is voluntary, neither party is deceived or coerced. The Parties shall be responsible for compliance and execution with the terms and conditions of this Agreement.

5. GENERAL PROVISIONS

  1. Disclaimer:
    1. By this document, the CLIENT agrees and allows the CONSULTANT to transfer and disclose to any third party for any information / materials provided by the CLIENT in connection with this Agreement. and/ or loan transactions between the CLIENT with the LENDER that the CONSULTANT (by it’s own decisions) determines to be correct and necessary. In those cases, the CONSULTANT is exempt from all responsibilities from the CLIENT.
    2. The CLIENT hereby agrees that the informations / materials provided by the CLIENT may be used, encoded, transmitted and stored by the CONSULTANT and/or the CONSULTANT’s partner (regardless within or outside the Vietnam’s territory) and/or may be exchanged with the parties which the CONSULTANT deems necessary in accordance with the Laws of Vietnam. The CLIENT fully agrees and allows the CONSULTANT (and the CONSULTANT’s partners, if any) to perform such acts without the need for any other approval from the CLIENT (other than specified in this Agreement).

     

  2. OTP Code:
    1. the CLIENT acknowledges the use of the one-time OTP Code (hereafter is referred as the “OTP CODE") provided by CONSULTANT or by the Partner designated by the CONSULTANT to the CLIENT to verify the relevant informations and used as one of the ways to identify the CLIENT. The OTP CODE will be sent by the CONSULTANT to a CLIENT’s mobile phone number registered with the CONSULTANT at the first part of this Agreement.
    2. By this clause, the CLIENT agrees to exempt for the CONSULTANT all damages occurred if the CONSULTANT or Partner designated by the CONSULTANT uses the OTP CODE in accordance with the TRANSACTION REGISTRATION METHOD for which the CLIENT has previously registered and responsible for any losses that may occur when allowing the CONSULTANT to use the OTP CODE.
  3. By agreeing to enter into this Agreement, the CLIENT acknowledges:
    1. All informations / materials provided by the CLIENT to the CONSULTANT is managed, used, and owned by the CLIENT. This informations / materials is true, accurate in all respects and no informations is hidden or distorted. The CLIENT are fully aware of all risks including but not limited to errors, security / privacy, misrepresentation and / or be counterfeited in the selection of the TRANSACTION REGISTRATION METHOD that the CLIENT has registered. to receive / send transaction documents related to the signing of the Agreement, use the SERVICES with the CONSULTANT;
    2. All transaction documents related to the use of the SERVICES with CONSULTANT, are received / sent by the CLIENT in accordance with the TRANSACTION REGISTRATION METHOD which the CLIENT has registered, are bound and legally valid even if the CONSULTANT does not hold the original of these documents;
    3. Commitment to unconditional binding on the obligations under this Agreement in the event the LENDER disbursed to the the CLIENT in the form of the LOAN AGREEMENT;
    4. Providing the CONSULTANT/ Partner designated by the CONSULTANT the original of transaction documents related to the use of the SERVICES, as soon as requested by the CONSULTANT. If there are any conflict between the original and the copy of of the transaction documents that CONSULTANT has received previously in accordance with the TRANSACTION REGISTRATION METHOD, transaction documents received prior to the CONSULTANT will be prioritized and the CLIENT must complete all procedures as required by the CONSULTANT.
  4. Accordingly, any notice received by the CLIENT from the CONSULTANT in connection with this Agreement through the TRANSACTION REGISTRATION METHOD that has been registered by the CLIENT shall be deemed to be the document / notice legally sent to the CLIENT at the moment the CONSULTANT's or the CONSULTANT’s Partner’s phone / message / email is received by the CLIENT with no further complaints or legal acts.

6. LAW AND JURISDICTION

  1. This Agreement shall be governed and construed in accordance with the laws of Vietnam.
  2. In the event of a dispute between Parties, if the Parties fail to reach an agreement, and that dispute arise out of or in connection with the interpretation or implementation of this Agreement, the Parties shall resolve the dispute by amicable negotiation within 30 (thirty) days as from the date of written notice given to one Party by the other Party on such dispute, disagreement or controversy. In the event the Parties fail to reach an amicable negotiation, the dispute shall be submitted to the competent court in Vietnam for settlement.

7. EFFECTIVENESS

  1. The Parties hereby undertake and agree irrevocably:
    1. This Agreement is performed by electronic means; and
    2. This Agreement is signed by electronic signature and takes effect, legal value and binding on the Parties
  2. To the extent permitted by the laws of Vietnam, this Agreement shall take effect as from the date of signing and be binding upon the Parties until the end of the LOAN AGREEMENT or until the CLIENT has filfilled all payment obligations for the LENDER and the CONSULTANT.
  3. If, at any time, any provision of this Agreement is or becomes invalid, ineffective or unenforceable in any manner by law of Vietnam, the legality, effect, and enforceability of the remaining provisions are not and will not be impaired in any manner.
  4. This Agreement has been executed in both English and Vietnamese. In the event of a discrepancy between the English and Vietnamese version of this Agreement, the Vietnamese version shall prevail.

 

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

BORROWING CONSULTING AGREEMENT

No. ##OFFER_NUMBER## / BCA

THIS BORROWING CONSULTING AGREEMENT (the “Agreement”) is made on ##AGR_ACCEPT_DATE##, between and by

MONEYVEO VIET NAM COMPANY LIMITED,

the legal entity duly incorporated and operating under the laws of Vietnam trading in the consulting services sector, in accordance with the Enterprise Registration Certificate No.0316182035, issued by Ho Chi Minh City Department of Planning and Investment on March 04, 2020.

Tax code 0316182035,

Address: 21 Nguyen Trung Ngan, Phuong Ben Nghe, Quan 1, Thanh Pho Ho Chi Minh, VN,

Telephone No: 0971603275,

Represented by: Mr. Nguyen Xuan Quang,

Position: Director,

(Hereafter called as "CONSULTANT")

AND

the citizen of the Socialist Republic of Vietnam (private individual):

Mr/Ms ##PERSON_FIO##

ID Card No. ##PASSPORT##

issued on ##PASSPORT_ISSUED_DATE##

by ##PASSPORT_ISSUED##

Date of Birth: ##BIRTH_DATE##

Residential/Current Address: ##PERSON_ADRESS##

Telephone: ##PERSON_PHONE##

Email: ##EMAIL##

Account No: ##ACCOUNTNUMBER## At ##BANKNAME##

(Hereafter called as the "CLIENT")

In the Agreement hereby, the CONSULTANT and the CLIENT may be referred to individually as a “Party” and collectively as the “Parties

WHEREAS

1. The Agreement hereby consists of two parts:

1.1. the Application Form (hereafter referred as the “OFFER”) – the private part of the Agreement with personal data of the CLIENT and parameters of financial products (being searched by the CLIENT) submitted by the CLIENT and approved by the CONSULTANT.

1.2. the Terms and Conditions (hereafter referred as the “BCA T&C”) – the public part of the Agreement with common legal terms published on the WEB-site of the CONSULTANT at the following URL: https://moneyveo.vn

2. Hereby the CLIENT provides an OFFER to the CONSULTANT to conclude the Agreement between the CONSULTANT and the CLIENT following the parameters mentioned in the OFFER and according to conditions stipulated in the BCA T&C.

3. The CONSULTANT accepts the OFFER by the concluding action, i.e. convincing third-party licensed Lending Company (hereafter referred as the “LENDER”) to disburse the financial product amount following related loan agreement (hereafter referred as the LOAN AGREEMENT) to the payment receiving details of the CLIENT provided by the CLIENT.

4. The CONSULTANT agrees and signs the Agreement by sending the OTP code to the CLIENT’s mobile phone through SMS as of the LENDER which is authorized by the CONSULTANT to send OTP code to the CLIENT.

5. The CLIENT agrees and signs the Agreement by inputting the OTP code (provided by the LENDER to a mobile phone of the CLIENT through SMS) on the electronic Borrower Application Form fulfilled at the WEB-site https://moneyveo.vn.

6. The process of servicing the CLIENT by the CONSULTANT is described on the WEB-site https://moneyveo.vn.

 

OFFER.

1. This Offer is the Integral part of the Agreement.

2. The CLIENT is looking for the financial lending product (hereafter referred as the “LOAN”) with the following borrowing parameters:

  • Loan Amount = ##SUM$HIGH## VND, hereafter referred as the “LOAN AMOUNT”
  • Loan Term = ##TERM## days, hereafter referred as the “LOAN TERM”
  • Loan Repayment Amount = ##SUM_ALL$HIGH## VND, hereafter referred as the “LoanRepaymentAmount”
  • Loan Disbursement Date = ##AGR_ACCEPT_DATE##, hereafter referred as the “DISBURSED DATE”
  • Due Date = ##TERM_STOP_DATE## hereafter referred as the “DUE DATE”

    3. The CLIENT proposes the following personal property as the security for the LOAN:

  • Collateral - ##COLLATERAL##, hereafter referred as the “COLLATERAL”
  • Collateral Cost = ##COLLATERAL_COST$HIGH## VND, hereafter referred as the “COLLATERAL COST”

4. The CLIENT hereunder requests the CONSULTANT to find related LENDER and consult the CLIENT about the LOAN.

5. The CLIENT requests the CONSULTANT to represent his interest for a fee in negotiating with the LENDER on behalf of the CLIENT until the signing of the LOAN AGREEMENT between the LENDER and the CLIENT.

6. The CLIENT agrees that the CONSULTANT will provide credit assessment of the CLIENT in order to use that information in negotiations with the LENDER. The CLIENT agrees that the CONSULTANT will share his/her personal data with the LENDER and other third-parties in the marketing and Credit Assessment purposes.

7. The CONSULTANT will charge the CLIENT the fees for the SERVICES provided (hereafter referres as the “FEES”).

8. Banking account details of the payment of FEES, hereafter referred as the “CB Bank Details” will be sent to the CLIENT via sms and/or email after signing the Agreement.

IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first above written

 

For and on behalf of the CONSULTANT

MONEYVEO VIET NAM COMPANY LIMITED 

Concluded by sending the OTP code to the CLIENT’s mobile phone through SMS

Full name: Mr. Nguyen Xuan Quang

Position: Director

 

For the CLIENT

Full name: ##PERSON_FIO##

Signed by OTP code: ##SMS##

 

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