Accreditation Terms & Conditions

1. Acceptance

By completing the Arc Money Broker Accreditation process, selecting “I Agree”, submitting a scenario or otherwise introducing a borrower to Arc Money Pty Ltd (“Arc”), the Accredited Broker acknowledges that it has read, understood and agrees to be bound by these Terms and Conditions, as amended by Arc from time to time.

2. Independent Introducer

The Accredited Broker acknowledges and agrees that:

it acts solely on behalf of the borrower and any guarantor(s);
it does not act for or on behalf of Arc;
nothing in these Terms creates an agency, employment, partnership or joint venture relationship between Arc and the Broker;
the Broker has no authority to bind Arc or make any representation, promise, warranty or commitment on Arc’s behalf; and
the Broker must not represent that any finance has been approved until Arc has issued formal written approval.

3. Authority to Act

The Broker warrants that, prior to submitting any scenario to Arc, it has obtained the authority of the borrower and each guarantor to:

act on their behalf;
collect their personal, financial, and commercial information;
disclose that information to Arc;
communicate with Arc regarding the proposed facility;
receive information from Arc regarding the progress of the application; and
provide instructions to Arc in connection with the assessment of the scenario.

The Broker must provide evidence of that authority upon request.

4. Privacy Consent

The Broker warrants that it has obtained all necessary privacy consents required under applicable law before submitting any information to Arc.

The Broker acknowledges and authorises Arc to collect, use, store and disclose information relating to the borrower, guarantors and the proposed scenario for purposes including:

assessing creditworthiness;
verifying information;
obtaining valuations, searches and reports;
satisfying legal and regulatory obligations;
arranging funding;
servicing any approved facility;
administering the facility; and
enforcing Arc’s legal rights.

The Broker further acknowledges that Arc may disclose such information to:

warehouse funders;
private credit funds;
family office investors;
trustees;
financiers;
funding partners;
legal advisers;
valuers;
accountants;
insurers;
compliance providers;
credit reporting bodies where permitted;
external service providers;
assignees; and
any other person reasonably required to assess, fund, administer or enforce the facility.

5. Accuracy of Information

The Broker warrants that, to the best of its knowledge:

all information submitted is true, accurate and complete;
documents supplied are genuine;
no information has been omitted which may reasonably impact Arc's assessment of the transaction;
all statements made to Arc are not misleading or deceptive; and
Arc will be notified immediately if any material information changes.

Arc may rely upon all information provided by the Broker.

6. Broker Obligations

The Broker agrees to:

conduct business honestly, professionally and ethically;
comply with all applicable laws;
maintain all licenses and registrations applicable to its business;
promptly respond to Arc’s reasonable requests;
immediately notify Arc of any investigation, suspension or cancellation of any license or authorisation relevant to its business.

7. Referral Fees

Subject to these Terms:

Arc may, at its discretion, pay brokerage in respect of successfully settled transactions introduced by the Broker.
Brokerage may be paid at up to 2.20% or as agreed by Arc in its sole discretion on the settled facility.
Brokerage is payable only after settlement.
Brokerage must not exceed Arc’s net establishment fee received on the transaction.
Arc may vary brokerage to reflect commercial arrangements.

No brokerage is earned unless settlement occurs.

8. Roll-Overs, Extensions and Refinances

Any extension, renewal, refinance, or roll-over beyond the original approved loan term:

is not automatic;
is subject to a new credit assessment;
is subject to Arc’s lending policies at the time;
is subject to funding availability; and
is considered on a best endeavours basis only.

Arc makes no representation that any roll-over or extension will be approved.

Any brokerage payable on a roll-over, extension, or refinance is entirely discretionary and depends upon:

successful approval of the new facility;
borrower conduct;
guarantor conduct;
repayment history;
compliance with facility conditions;
acceptable security;
funding availability; and
Arc’s commercial arrangements at that time.

The Broker acknowledges that no entitlement exists to brokerage on any roll-over, extension, or refinance.

9. No Obligation to Lend

Arc may approve, decline, withdraw or amend any proposal at its absolute discretion.

Nothing in these Terms obliges Arc to provide finance or continue assessing any scenario.

10. Confidentiality

The Broker must keep confidential all non-public information concerning Arc, including but not limited to:

pricing;
funding structures;
policies;
credit processes;
commercial arrangements;
documentation;
marketing materials; and
intellectual property.

This obligation survives termination.

11. Intellectual Property

All documents, calculators, product guides, branding, marketing material, policies, and intellectual property remain the property of Arc.

The Broker must not reproduce or distribute Arc material without prior written consent.

12. Compliance

The Broker agrees to comply with all applicable legislation, including but not limited to privacy, anti-money laundering, and counter-terrorism financing legislation, and any compliance requirements reasonably requested by Arc.

13. Indemnity

The Broker indemnifies Arc against any loss, liability, damage, claim, cost or expense arising from:

breach of these Terms;
failure to obtain authority;
failure to obtain privacy consent;
false or misleading information;
negligence;
fraud; or
unlawful conduct by the Broker.

14. Limitation of Liability

To the fullest extent permitted by law, Arc excludes all liability for indirect, consequential or economic loss arising from accreditation, referral of a scenario or any credit decision.

15. Suspension or Termination

Arc may suspend or terminate accreditation at any time if it reasonably believes the Broker has:

breached these Terms;
acted dishonestly;
provided inaccurate information;
failed to comply with applicable law; or
acted in a manner inconsistent with Arc’s standards.

Termination does not affect accrued rights.

16. Amendments

Arc may amend these Terms at any time.

Continued submission of scenarios constitutes acceptance of any amended Terms.

17. Governing Law

These Terms are governed by the laws of New South Wales.

The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

18. Non-Regulated Credit Warranty

The Broker acknowledges that Arc does not hold an Australian Credit License and is not authorised to provide regulated consumer credit.

The Broker warrants that every scenario submitted to Arc has been assessed and is, to the best of the Broker’s knowledge and belief, a non-regulated credit transaction.

The Broker further warrants that all information relevant to determining whether the scenario is regulated or non-regulated has been fully disclosed.

The Broker must immediately notify Arc if it becomes aware that a submitted scenario may constitute regulated credit.

19. Anti-Money Laundering and Counter-Terrorism Financing

The Broker agrees to comply with all applicable AML/CTF legislation.

The Broker must promptly provide any information reasonably requested by Arc to satisfy its AML/CTF obligations.

The Broker must not knowingly submit any scenario involving proceeds of crime, sanctioned persons, terrorism financing or unlawful activity.

20. GST

Unless otherwise agreed in writing, all brokerage and referral fees payable by Arc are inclusive of GST.

Where applicable, the Broker must provide a valid tax invoice before payment.

The Broker is responsible for its own taxation obligations.

21. Clawback

Brokerage paid by Arc is generally final upon settlement.

Arc may recover brokerage only where the payment resulted directly or indirectly from:

Brokerage will not be clawed back merely because:

22. Funding Partners

The Broker acknowledges that Arc may fund scenarios using its own capital, warehouse facilities, private credit funds, family offices or other funding partners.

Arc may allocate, decline, or reallocate any scenario between funding sources at its absolute discretion.

The identities of Arc’s funding partners, funding structures, and capital providers form part of Arc’s confidential commercial arrangements.

Nothing in these Terms creates any contractual relationship between the Broker and any funding partner, and the Broker must not approach, solicit or attempt to transact directly with any funding partner introduced through Arc without Arc’s prior written consent.

23. Electronic Acceptance

The Broker agrees that:

constitutes a legally binding agreement equivalent to signing these Terms by hand.

Electronic records maintained by Arc will be conclusive evidence of acceptance.

The individual accepting these Terms warrants that they have authority to bind the Broker.

24. Entire Agreement

These Terms constitute the entire agreement between Arc and the Broker relating to accreditation and referrals and supersede all previous discussions or understandings.

If any provision is found to be unenforceable, the remaining provisions will continue in full force and effect.

25. Acceptance

By selecting “I Agree”, completing the Broker Accreditation process or submitting a scenario to Arc, the Broker confirms that:

it has read and accepted these Terms;
it has authority to enter into these Terms;
it has obtained all necessary authorities from the borrower and guarantor(s);
it has obtained all necessary privacy consents;
it understands that accreditation does not guarantee approval of any scenario or payment of brokerage; and
it agrees to comply with Arc’s lending policies and these Terms as amended from time to time.

Broker Accreditation Terms & Conditions