Welcome to Effective Funding (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website (www.effectivefunding.com) and the business funding services (the “Services”) we provide. Our Services include, but are not limited to, business loans, merchant cash advances, lines of credit, and other funding solutions designed exclusively for businesses.
By accessing or using our Site and Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Site or use our Services.
To be eligible for our Services, you confirm that:
4.1. Effective Funding provides a range of business funding options, including but not limited to:
4.2. All funding offers are subject to approval based on creditworthiness, business performance, and other criteria as determined by Effective Funding or our lending partners.
4.3. Specific terms, rates, and repayment structures will be provided in individual Funding Agreements.
5.1. By applying for any funding service, you agree to provide accurate, current, and complete information during the application process.
5.2. Effective Funding reserves the right to: a) Verify the information provided through various means, including but not limited to background checks, credit assessments, and other forms of due diligence. b) Request additional supporting documentation, such as bank statements, financial records, proof of ownership, or tax returns.
5.3. Submission of an application does not guarantee approval. Effective Funding retains sole discretion in approving or denying any application based on our eligibility criteria and risk assessment.
5.4. You agree to promptly notify us of any changes to the information provided during the application process.
6.1. Funds provided through our Services must be used strictly for legitimate business-related purposes as outlined in your Funding Agreement.
6.2. Prohibited uses of funds include, but are not limited to: a) Personal expenses b) Illegal activities c) Repayment of other debts without prior written approval d) Any purpose not explicitly authorized in the Funding Agreement
6.3. Misuse of funds may result in immediate termination of your Funding Agreement, acceleration of any outstanding balance, and potential legal action.
7.1. Repayment schedules and terms will vary based on the type of funding obtained and will be clearly outlined in your Funding Agreement.
7.2. Typical repayment structures include: a) Merchant Cash Advances: Repaid through a fixed percentage of your daily credit card sales. b) Business Loans: Fixed or variable interest rates with scheduled payments. c) Lines of Credit: Revolving credit with minimum monthly payments based on the outstanding balance.
7.3. Failure to make payments as agreed may result in: a) Late payment fees b) Increased interest rates c) Acceleration of the outstanding balance d) Legal action to recover funds e) Reporting to business credit bureaus
8.1. All fees, interest rates, and additional charges will be clearly outlined in your Funding Agreement. These may include: a) Origination fees b) Processing fees c) Underwriting fees d) Late payment fees e) Insufficient funds fees f) Wire transfer fees g) Early repayment fees (if applicable)
8.2. Effective Funding reserves the right to modify fees for future services, with notice provided to active clients.
By using our Services, you represent and warrant that:
9.1. You have the legal authority to enter into these Terms and any subsequent Funding Agreement on behalf of your business.
9.2. All information provided to Effective Funding is true, accurate, current, and complete.
9.3. Your business is in good standing and complies with all applicable laws and regulations.
9.4. You will use the funds solely for the business purposes specified in your application and Funding Agreement.
10.1. Effective Funding is committed to protecting your privacy and maintaining the confidentiality of your business information.
10.2. Our collection, use, and disclosure of your information are governed by our Privacy Policy, which is incorporated by reference into these Terms.
10.3. You consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
10.4. Effective Funding may share your information with third-party service providers, credit reporting agencies, and funding partners as necessary to provide our Services and assess your application.
11.1. All content on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Effective Funding or its content suppliers and is protected by international copyright laws.
11.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without the prior written consent of Effective Funding.
12.1. To the fullest extent permitted by applicable law, Effective Funding and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from: a) Your access to or use of or inability to access or use the Services b) Any conduct or content of any third party on the Services c) Any content obtained from the Services d) Unauthorized access, use, or alteration of your transmissions or content
12.2. In no event shall Effective Funding’s total liability to you for all claims related to the Services exceed the amount of fees paid by you to Effective Funding during the twelve (12) months immediately preceding the date on which the claim arose.
You agree to indemnify, defend, and hold harmless Effective Funding and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
14.1. Effective Funding reserves the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on the Site or by sending you an email.
14.2. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.
15.1. Effective Funding may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
15.2. Upon termination, your right to use the Services will immediately cease.
15.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16.1. These Terms shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of law provisions.
16.2. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Boca Raton, Florida.
These Terms, together with the Privacy Policy and any Funding Agreements, constitute the entire agreement between you and Effective Funding regarding the Services and supersede all prior agreements and understandings, whether written or oral.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
The failure of Effective Funding to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Effective Funding.
You may not assign or transfer these Terms, by operation of law or otherwise, without Effective Funding’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent shall be null and void. Effective Funding may freely assign or transfer these Terms without restriction.
If you have any questions about these Terms, please contact us at:
Effective Funding
6001 Broken Sound Parkway NW, Boca Raton, FL 33487
(800) 388-4038
info@effectivefunding.com
Last updated: 10/17/2024
If you’re looking for a financial partner that cares about your business and is an established direct lender, you need to work with an experienced company like Effective Funding. With our same-day business funding, you can trust us to help your organization continue to thrive and grow.
Have any questions about our fast business funding? Contact a representative at Effective Funding today.
