Terms and Conditions
These Terms and Conditions apply when you hereafter the Borrower decide to take a loan from Fin Three Hundred and Sixty Limited Trading as Pa Ease hereafter the Lender a company registered under the laws of Zambia with company registration number 120210011604.
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Your Personal, Business, and Employment Data
- The Lender will keep all the personal data provided by the Borrower confidential in line with this Agreement.
- The Borrower hereby consents that all personal information relating to him/her, obtained through this online application on www.fin360.co.zm, may be used for the future administration of the Borrower's loan, collection and marketing, including tracing, research, recordable (over and above for the Lender's operations), transmission, distribution, storage, updating modification, disposition, making available in any form, and product design by the Lender.
- The Borrower shall provide any information that may be requested by the Lender and complete any additional documentation including the registration and creation of the Borrower’s profile.
- The Borrower undertakes to notify the Lender via paease@fin360.co.zm email or formal letter immediately should the Borrower's employment with the current employer be terminated or should the business not continue to be a going concern for any reason whatsoever and the Lender shall be entitled to demand that the outstanding balance be paid by the Borrower from the final proceeds.
- The Borrower confirms that he/she is currently actively employed or engaged in a business activity and is at work attending to all his/her normal duties or running his/her business on the date of signature of this Agreement and that the Borrower has completed a period of at least 6 months (or period deemed appropriate by the Lender from time to time) of service without absence or has been in business for a minimum of 6 months.
- The Borrower shall provide their true employment details, physical address, contact number, alternative number, latest payslip or, bank statement, and copy of the National Registration to the Lender upon registration
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Applying for a Loan, Charges, and Interest
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The Borrower acknowledges that he/she has applied for a loan from the Lender in the aforementioned amount on www.fin360.co.zm with the following details;
- Requesting Number
- Due Date
- Loan Tenure
- Amount Requested
- Repayment Amount
- The Borrower is notified of the charges and interest electronically and declines or consents before taking out a loan from the web interface.
- The Borrower acknowledges that the loan by the Lender shall accrue interest at the rate reflected in the online platform, or such other rate as may be notified by the Lender to the Borrower through the Borrower’s email address and/or as text messages from time to time and the Lender shall provide the Borrower with a regular statement of account and general spot statistics of the loan through the Borrower's Pa Ease profile.
- The Borrower acknowledges that any and all information contained in the application for the loan completed by or on behalf of the Borrower is deemed material, and constitutes representations by the Borrower forming the basis upon which the Lender has agreed to disburse the loan to the Borrower.
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The Borrower acknowledges that he/she has applied for a loan from the Lender in the aforementioned amount on www.fin360.co.zm with the following details;
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Paying Back Your Loan Amount
- The Borrower will settle the loan to the Lender directly by logging in to www.fin360.co.zm thenby choosing the Repay Option on the homepagehome page of the Borrower’s Pa Ease profile, and enter a PIN to approve on the USSD prompt from either Airtel Money or Kazang to deduct funds from the mobile number provided by the Borrower.
- The Borrower shall pay his/her loan on the due date, or on an earlier date, each month commencing from the date reflected in the Repayment Schedule on www.fin360.co.zm until the whole amount payable by the Borrower to the Lender (inclusive of principal, interest, and fees) has been repaid to the Lender in full.
- The Borrower acknowledges having read and understood that under no circumstance in the process of settling any of the loans or outstanding balance, will cash or digital transfers be made to any member of staff of the Lender or its duly appointed representative(s) or debt collections and recoveries agents or the Borrower’s introducer, and that in the event that such a transaction is done, it will be done so at the Borrower's own risk should it turn out that the cash is not credited to the Borrower's loan account.
- In case of default the Borrower instructs the Lender to collect the loan from the Borrower's employer or pension fund administrators to deduct from the Borrower's salary or other remuneration the amount reflected in the Schedule as the "monthly installment payable", or such amount as may be notified by the Lender to the Borrower in via email from time to time. The number of installments is based on the presumption that payment of the installments will be made in accordance with the Schedule.
- The Borrower acknowledges that any delay in the payment of any installment may result in extra charges in order to recover the interest and fees due to arrears.
- The Borrower hereby consents to the recovery of any amount due as indicated on the loan Repayment Schedule generated by the Lender. An overdue charge of 4% comprising of a 0.4% daily interest and 1% overdue management fees will be applied on overdue loan(s) principal every 10 days where the Borrower was not onboarded based on a memorandum of understanding with the Employer for the Lender to cover routine administration costs of maintaining the agreement and interest at the contractual daily rate in arrears on an overdue payment on the loan.
- The Borrower who is employed in an organization where there is a memorandum of understanding between the employer and the Borrower may repay the loan directly via www.fin360.co.zm or the Lender will deduct the outstanding amount for the month via payroll
- The Borrower hereby authorizes the Lender to make any arrangements and to sign all documents, such as bank mandates, which the Lender may deem necessary to procure payment of the installments in terms of this Agreement through any financial or deposit-taking institution with whom the Borrower holds any account. This may include withdrawals from the Borrower's bank account through any electronic method or any appropriate procedure.
- The Borrower authorises the Lender or its duly appointed representative(s) to obtain any information regarding his/her insurance / investments / employee benefits / bank account particulars from any financial institution through which the Borrower is a member or has a facility.
- The Borrower undertakes to immediately notify the Lender in writing should the mobile number, alternative contact, or Borrower's bank account details change for any reason whatsoever and shall furnish the new details to the Lender.
- The Lender may, at its discretion, allocate such payments to principal, interest, costs, insurance premiums, or any other charges as the Lender in its discretion deems fit.
- The Borrower hereby specifically consents and agrees to be liable for any operating costs or commission owing by the Lender to their employer, introducer/recommender, agent or group management/representatives for purposes of monitoring and facilitating loan repayments if in arrears.
- The Borrower hereby authorises the Lender to receipt the net payment made by the Borrower's employer, introducer/recommender, and agent or group management/representatives to the Lender after the deduction of any facilitation fee.
- The Borrower consents to the Lender obtaining any information from his/her employer, introducer or recommender, agent or group management/representatives inter alia, without derogating from the generality hereof, details pertaining to the Borrower's salary or business information, residential address and contact details.
- The Borrower irrevocably authorizes the employer, introducer or recommender, agent or group management/representatives to, on behalf of the Lender, to engage in debt collections and recovery efforts, to pay and discharge on demand all monies and liabilities which are now or at any time hereafter may be due or owing from or incurred by the Borrower to the Lender.
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Account Deactivation
- The Lender may deactivate the Borrower’s account in cases of fraudulent or suspicious transactions or inaccurate information.
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External Debt Collection & Legal Action
- The Lender shall, in the event of default of loan repayment by the Borrower and for the duration of this Agreement, at all times have the right to cede, exchange or otherwise deal with any of rights in terms of this Agreement, upon such terms and conditions as the Lender may deem fit. In such cases the third party will acquire the same rights against the Borrower as the Lender may have by virtue of this Agreement. The Borrower therefore understands and consents that his / her debt towards the Lender may be ceded to a third party, and hereby consents that the Lender may choose to dispose of its rights to this Agreement by any means whatsoever.
- The Borrower acknowledges and agrees that in the event of the Lender, in its sole discretion, deeming it necessary or desirable to instruct its Advocates or other persons to perform legal or bailiff or debt collection and recoveries services to collect any amount owed by the Borrower to the Lender, the Borrower shall be liable for any and all legal costs or charges incurred by the Lender, including any collection commission paid or payable by the Lender, tracing charges or any other incidental costs or charges of whatsoever nature.
- The Borrower hereby chooses domicilium citandi et executandi at the address set out on the face of this Agreement and shall provide written notice to the Lender of not less than 14 (fourteen) days should this address change, provided that the new address chosen shall be an address within the jurisdiction of the High Court for Zambia, and provided further that such address shall comprise both a physical address and postal address.
- Any legal process may be served upon the Borrower at his/her domicilium citandi et exutandi/or cessionaries.
- External debt collection may involve taking mobile devices, laptops, or other possessions from the Borrower which may help recover the defaulted balance.
- The Lender shall shame the defaulter who is unresponsive after all collection efforts have reasonably been made by posting the name, photo and other details related to the loan of the defaulter in news papers and social media.
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Credit Reference Bureau Act Disclosures
- The Lender share your personal information with credit reference bureaux as required by law. The credit reference bureau we use for this purpose is Transunion, and you have the right to contact them to check or correct your credit information. Transunion may be contacted by email at CustomerCareZM@transunion.com or by phone at +260 211 220530/36. The Borrower hereby authorises the Lender to share their information, good or bad (in the event of default of the loan repayment) to third parties such as credit reference bureaus and other regulators or Government agencies.
- The Borrower hereby authorises the Lender to perform credit searches and obtain information on the Borrower with one or more of the registered Credit Reference Bureaus and other regulated sources.
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Sensitive User Information
- The Borrower will be solely responsible for the safekeeping and proper use of their own mobile device and for keeping their PIN used to operate your account secret and secure.
- The Borrower will ensure that the PIN does not become known or come into possession of any other person without your permission. We will not be liable if you share your PIN with anyone else and it results in any losses for you.
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Liability
- The loan facility is for business use only. The Lender will not be responsible for any indirect or consequential loss or damage, caused by or related to your application for or your use of the loan.
- The Borrower acknowledges that he/she is lawfully indebted unto and in favour of the Lender for repayment of the Principal together with interest and fees as accrued thereon and that the Principal shall be disbursed at the discretion of the Lender either in the form of mobile money or electronic transfer to the Borrower's Bank Account or both in accordance with this Agreement, the details of which the Borrower warrants are correct.
- No delay or omission on the part of the Lender in exercising any right, power or remedy under this Agreement shall impair such right, power or remedy or be construed as a waiver thereof or of any other right, power or remedy.
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Governing Law
- The Agreement shall be governed by the laws of the Republic of Zambia and the Borrower hereby consents to the jurisdiction of the courts of the Republic of Zambia.
- The Borrower acknowledges that in the event of the Borrower applying for any subsequent loan, such subsequent loan will be governed by the terms of this Agreement.
- The parties agree that each clause in this Agreement is severable, the one from the other, and if any clause is found to be void, illegal or unenforceable for any reason by any competent court, then the remaining clauses shall be and continue to be of full force and effect.
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Communication
- All communications between the Lender and the Borrower under this Agreement shall be in writing and delivered by hand or sent by prepaid registered post or sent by fax or e-mail:
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In the case of communications to the Lender to its registered place of business or such changed address as may be notified to the Borrower by the Lender.
In the case of the Borrower, at the address set out on the face of this Agreement or such other address as may be notified to the Lender by the Borrower.
- The Borrower agrees that this Agreement has been drafted in a language that he understands, and that he is fully aware of the meaning thereof, the same having been explained to him in a language that he understands. The Borrower further confirms that he/she was afforded the opportunity to read this Agreement.
- The Borrower hereby confirms that he/she also understands that the Lender may apply set-off in this matter and any other current and future matter where he/she is indebted to the Lender, including debts ceded to the Lender. This set-off includes, but is not limited to, actions where certain monies in excess of the original amount of the debt have been collected by the Lender, but the Borrower is not in the position to claim a refund for such monies as he/she is still indebted to the Lender in terms of other loan agreements entered into by him/her with either the Lender and / or its subsidiaries and / or its cessionaries.
- The Borrower consents that the Lender, its affiliates, associates and subsidiaries may send advertising and promotional material by e-mail / SMS (Short Message System) to his/her computer/ cellular telephone as provided herein. This authority by the Borrower may be revoked by written notification sent to the Lender. The Borrower furthermore consents to the Lender sending SMS's to the Borrower with regard to outstanding balance(s), due instalments, arrears and any other matters related to this Agreement, and which authority cannot be revoked.
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Declaration
- The borrower forthwith confirms that the contents of this Loan Agreement are understood by him/ her and the Loan Agreement was completed in all respects upon sign-off hereof and that this Agreement constitutes the record of the Agreement with the Borrower in regard to the subject matter hereof and the Lender shall not be bound by any express or implied term, representation, warranty of the like not recorded herein.
- I declare that the information given in this loan application and agreement is true and complete. I understand that any misleading information or any omissions will be sufficient grounds for termination of the loan application and agreement.