Common use of Crowdfunding Clause in Contracts

Crowdfunding. 19.1 Lenders may choose to invest into a specific Loan Application or Project that shall be secured by real property Mortgage and/or other security measures with the purpose of business financing (fortfeit - fine, late payment, pawning, suretyship, guarantee or any other legal measures of securing the performance of obligations), and participating in the auction only when conducting an assessment of the funder’s eligibility. 19.2 The Organizer shall have the right to approve and publish not only the Loans secured by real estate Mortgage and/or other security measures (forfeit - fine, late payment, pawning, suretyship, guarantee or any other legal measures of securing the performance of obligations) and intended for business financing, but also other Projects, i.e. such Projects which are intended for professional, scientific, research and other purposes, other than consumption, and for the implementation of which the Project Owner seeks to attract crowdfunding funds. 19.3 Loan applications shall be approved and published on the Organizer’s Website provided they comply with the Rules for assessing the reliability of project owners approved by the Organizer. 19.4 The Organizer shall have the right not to approve or publish the Loan Application or Project if the Loan Application or the Project does not meet the criteria for assessing the reliability of project owners approved by the Organizer, and/or requirements, or the information document (when the total amount of financing transactions is from Euros 100 thousand to EUR 5 million within 12 months, irrespective of the type of financing transaction) is incomplete, including whether the information contained therein is understandable, not contradictory and complies with the rules for the submission of information set out in the LCF, and other legislation governing the requirements for preparation of the information document. Confirmation of the information document shall not be considered as a confirmation of the information contained therein and/or recommendation to the Lenders (Funders). 19.5 If the Project owner issues financial instruments, the issuer of financial instruments distributed may only be a legal entity. This information shall be disclosed and provided to the Lenders along with a description of the Loan (Project). 19.6 The Organizer may not be held responsible for the fact that the Recipient of the Loan has submitted incomplete or false information in the Loan Application and the Organizer has no objective possibility to verify it. 19.7 It is clear and understandable to Lenders that when choosing to lend crowdfunding funds to the Recipient of the Loan, the insurance coverage established in the Law on Insurance of Deposits and Liabilities to Investors of the Republic of Lithuania shall not be applied. This and other risks shall be provided to the Lenders for their self-assessment, on a case-by-case basis, when the Lender conducts an assessment of the funder’s eligibility. 19.8 The Organizer may, at any time in the future, having duly informed the Funders and after publishing on the “Interest and Taxes” section of the Website, apply a management fee to the Funders which the Funders shall have to pay when borrowing crowdfunding funds and which amounts up to 1.5% on the Investment amount. In this case, the tax shall be deducted from the amount of the Investment amount during the conclusion of the crowdfunding transaction.

Appears in 2 contracts

Sources: Website Use Agreement, Website Use Agreement

Crowdfunding. 19.1 Lenders may choose to invest into a specific Loan Application or Project that shall be secured by real property Mortgage and/or other security measures with the purpose of business financing (fortfeit - fine, late payment, pawning, suretyship, guarantee or any other legal measures of securing the performance of obligations), and participating in the auction only when conducting an assessment of the funder’s eligibility. 19.2 The Organizer shall have the right to approve and publish not only the Loans secured by real estate Mortgage and/or other security measures (forfeit - fine, late payment, pawning, suretyship, guarantee or any other legal measures of securing the performance of obligations) and intended for business financing, but also other Projects, i.e. such Projects which are intended for professional, scientific, research and other purposes, other than consumption, and for the implementation of which the Project Owner seeks to attract crowdfunding funds. 19.3 Loan applications shall be approved and published on the Organizer’s Website provided they comply with the Rules for assessing the reliability of project owners approved by the Organizer. 19.4 The Organizer shall have the right not to approve or publish the Loan Application or Project if the Loan Application or the Project does not meet the criteria for assessing the reliability of project owners approved by the Organizer, and/or requirements, or the information document (when the total amount of financing transactions is from Euros 100 thousand to EUR 5 million within 12 months, irrespective of the type of financing transaction) is incomplete, including whether the information contained therein is understandable, not contradictory and complies with the rules for the submission of information set out in the LCF, and other legislation governing the requirements for preparation of the information document. Confirmation of the information document shall not be considered as a confirmation of the information contained therein and/or recommendation to the Lenders (Funders). 19.5 If the Project owner issues financial instruments, the issuer of financial instruments distributed may only be a legal entity. This information shall be disclosed and provided to the Lenders along with a description of the Loan (Project). 19.6 The Organizer may not be held responsible for the fact that the Recipient of the Loan has submitted incomplete or false information in the Loan Application and the Organizer has no objective possibility to verify it. 19.7 It is clear and understandable to Lenders that when choosing to lend crowdfunding funds to the Recipient of the Loan, the insurance coverage established in the Law on Insurance of Deposits and Liabilities to Investors of the Republic of Lithuania shall not be applied. This and other risks shall be provided beprovided to the Lenders for their self-assessment, on a case-by-case basis, when the Lender conducts an conductsan assessment of the funder’s eligibility. 19.8 The Organizer may, at any time in the future, having duly informed the Funders and after publishing on publishingon the “Interest and Taxes” section of the Website, apply a management fee to the Funders which the whichthe Funders shall have to pay when borrowing crowdfunding funds and which amounts up to 1.5% on the Investment amount. In this case, the tax shall be deducted from the amount of the Investment amount during the conclusion of the crowdfunding transaction.

Appears in 1 contract

Sources: Website Use Agreement

Crowdfunding. 19.1 21.1 Lenders may choose to invest into a specific Loan Application or Project that shall be secured by real property Mortgage and/or other security measures with the purpose of business financing (fortfeit - fine, late payment, pawning, suretyship, guarantee or any other legal measures of securing the performance of obligations), and participating in the auction only when conducting an assessment of the funder’s eligibility. 19.2 21.2 The Organizer shall have the right to approve and publish not only the Loans secured by real estate Mortgage and/or other security measures (forfeit - fine, late payment, pawning, suretyship, guarantee or any other legal measures of securing the performance of obligations) and intended for business financing, but also other Projects, i.e. such Projects which are intended for professional, scientific, research and other purposes, other than consumption, and for the implementation of which the whichthe Project Owner seeks to attract crowdfunding funds. 19.3 21.3 Loan applications shall be approved and published on the Organizer’s Website provided they comply with the Rules for assessing the reliability of project owners approved by the Organizer. 19.4 21.4 The Organizer shall have the right not to approve or publish the Loan Application or Project if the Loan Application or the Project does not meet the criteria for assessing the reliability of project owners approved by the Organizer, and/or requirements, or the information document (when the total amount of financing transactions is from Euros 100 thousand to EUR 5 million within 12 months, irrespective of the type of financing transaction) is incomplete, including whether the information contained therein is understandable, not contradictory and complies with the rules for the submission of information set out in the LCFCFR, and other legislation governing the requirements for preparation of the information document. Confirmation of the information document shall not be considered as a confirmation of the information contained therein and/or recommendation to the Lenders (Funders). 19.5 21.5 If the Project owner issues financial instruments, the issuer of financial instruments distributed may only be a legal entity. This information shall be disclosed and provided to the Lenders along with a description of the Loan (Project). 19.6 21.6 The Organizer may not be held responsible for the fact that the Recipient of the Loan has submitted incomplete or false information in the Loan Application and the Organizer has no objective possibility to verify it. 19.7 21.7 It is clear and understandable to Lenders that when choosing to lend crowdfunding funds to the Recipient of the Loan, the insurance coverage established in the Law on Insurance of Deposits and Liabilities to Investors of the Republic of Lithuania shall not be applied. This and other risks shall be provided to the Lenders for their self-assessment, on a case-by-case basis, when the Lender conducts an assessment of the funder’s eligibility. 19.8 21.8 The Organizer may, at any time in the future, having duly informed the Funders and after publishing on publishingon the “Interest and Taxes” section of the Website, apply a management fee to the Funders which the whichthe Funders shall have to pay when borrowing crowdfunding funds and which amounts up to 1.5% on the Investment amount. In this case, the tax shall be deducted from the amount of the Investment amount during the conclusion of the crowdfunding transaction. 21.9 Lenders, who are assessed by the Organizer as inexperienced investors, are subject to a pre- contractual reflection period. During the pre-contractual reflection period, the prospective Lender, who is assessed as an inexperienced investor, may at any time withdraw his offer to invest in a particular business Loan without giving a reason and without any sanctions. 21.10 In cases where the Lender, who is assessed as an inexperienced investor, uses the Automatic investment tool, as provided for in Section 19 of this Agreement, the pre-contractual reflection period applies only to the initial investment authorization granted to the Organizer, and not to each investment in each specific Loan, performed in accordance with the aforementioned authorization. 21.11 The pre-contractual reflection period starts from the moment when the prospective Lender, who is assessed as an inexperienced investor, submits an offer to invest in the Loan, and ends after 4 calendar days. 21.12 Upon cancellation of the submitted offer to invest in a business Loan during the pre-contractual reflection period, the funds of such ▇▇▇▇▇▇ will be returned to the Consumer's Paysera account opened on behalf of this Lender. From the moment of cancellation of the offer to invest in the Loan, such ▇▇▇▇▇▇ will no longer participate in the financing of the relevant business Loan, i.e. will not receive a potential financial benefit from such a Loan. 21.13 At the end of the pre-contractual reflection period, it will be considered that the Lender has not used the benefits provided by the pre-contractual reflection period to withdraw its offer to invest in the business Loan without any sanctions or the like. 21.14 It should be noted that provisions 21.9 - 21.13 of the Agreement are applicable only in cases where the Lender invests in business Loans, i. e. Loans that are intended to satisfy business interests. The aforementioned provisions do not apply when the Lender invests in Consumer Loans and/or Loans related to real estate mortgage. 21.15 Provisions set forth in paragraphs 6.21 - 6.27 are not applicable to activities related to crowdfunding.

Appears in 1 contract

Sources: Website Use Agreement