These terms and conditions apply to and regulate the provision of credit facilities advanced by
Eatongate Capital Limited (“Eatongate Capital Limited”). These Standard Terms and Conditions,
together with our offer letter set out the terms governing this Loan Agreement. It is important that you
read the offer letter and these terms and conditions carefully and keep them for future reference.
A. INTEREST
- i. The Annualized Percentage Rate of Interest (“APR”) for the direct Loan Accounts is as agreed in the
Borrower's offer letter or at such higher rate which Eatongate Capital Limited may in its sole
discretion (subject to applicable laws and regulations) determine from time to time and also as
varied by Eatongate Capital Limited under sub-clauses a(ii) and/or a(iii) below.
- ii. Eatongate Capital Limited may in its sole discretion increase or decrease the prevailing interest rate
for any reasons; and
- iii. Any change in interest rate will take effect on the Borrower's account following a minimum of 7 days
written notice; and
- iv. All charges will be capitalized into the interest calculation.
B. PAYMENTS
All payments by the Borrower will be made by one of the following methods: Direct Deposit into
Eatongate Capital Limited's nominated account, Personal Cheques, Standing Order or through an
acceptable electronic channel. All other methods will be accepted with Eatongate Capital
Limited's consent only. In particular:
- i. The borrower will be given a dedicated and customized repayment plan upon approval of the loan
application;
- ii The Borrower will be expected to make monthly repayments in accordance with the repayment
plan
- iii. The Borrower will be sent an electronic message or SMS alert two (2) working days before each
monthly repayment date and the Borrower hereby agrees that such notice shall be conclusively
deemed received by the Borrower without need of any further notice.
- iv. The Borrower hereby agrees that non-payment of the amount owed by the Payment Due Date shall
render the Borrower in default and entitles Eatongate Capital Limited to take steps to recover the
outstanding loan amount in accordance with clause E below.
C. PROVISION OF FINANCIAL INFORMATION
At Eatongate Capital Limited'sour request, you the Borrower will be required to provide its current us
with your latest nancial statements, contingent liability details and any other reasonable
information relating to you and/or your the Borrower's nancial affairs.
D. USE OF CREDIT BUREAU
Eatongate Capital Limited will approach a dedicated Credit Reference Agency for a credit report
on the Applicant before in considering any application for credit.
The Borrower authorizes Eatongate Capital Limited to access any information available to it as
provided by the Credit Agency. The Borrower also agrees that his/her details and the loan
application decision will be registered with the Credit Agency.
In the event the Borrower wishes to access the credit report, Eatongate Capital Limited will advise
the Borrower of the contact details of the relevant credit agency and the Borrower waives any
claims he/she may have against Eatongate Capital Limited in respect of such disclosure.
E. DEFAULT
Default in terms of this Agreement will occur if:
In the event the Borrower wishes to access the credit report, Eatongate Capital Limited will advise
the Borrower of the contact details of the relevant credit agency and the Borrower waives any
claims he/she may have against Eatongate Capital Limited in respect of such disclosure.
- i. The Borrower fails to make repayment in full, on or before the payment due date in accordance
with the monthly repayment plan given to the Borrower;
- ii. Any representation, warranty or assurance made or given by the Borrower in connection with the
application for this loan or any information or documentation supplied by the Borrower, is later
iii. The Borrower does or omits to do anything which may prejudice Eatongate Capital Limited's rights in
terms of this Agreement or cause Eatongate Capital Limited to suffer any loss or damage.
If the Borrower defaults in their obligations under this Agreement, Eatongate Capital Limited will be
entitled to do the following:
- i. Eatongate Capital Limited will on each Repayment Date collect the total amount payable by that
date in accordance with the repayment plan schedule given to the Borrower. Where the Borrower
fails to honor its obligation to repay the total monthly repayment amount by the due date,
Eatongate Capital Limited will attempt to collect the outstanding amount within the next seventytwo
(72) hours.
- ii. Where more than forty-eight (48) hours have elapsed since the repayment date and the repayment
amount (total or partial) still remains outstanding, Eatongate Capital Limited will start calculating
accelerated interest at the rate of 30% plus the applicable borrowing interest rate.
- iii. Following the borrower's default, Eatongate Capital Limited reserves the right to assign its right, title
and interest under the Agreement to an external Collections Agency who will take all steps to collect
the outstanding loan amount.
- iv. Eatongate Capital Limited also reserves the right to start legal proceedings against the defaulting
Borrower and is under no obligation to inform the Borrower before such proceedings commence.
- v. Eatongate Capital Limited will be entitled to terminate this Agreement (after service of any notice
required thereunder) if the Borrower in any way perpetrates or attempts to or is involved in any act of
fraud or other criminal activity in respect of Eatongate Capital Limited or the Loan, or if any
information provided by the Borrower as part of the application is incorrect or misleading in any
material manner. On such termination, Eatongate Capital Limited reserves the right to demand
repayment of the full loan amount with interest calculated in the same manner as in sub-clause (2)
above.
- vi. Hold the Borrower responsible for all legal costs and expenses incurred by Eatongate Capital Limited
in attempting to obtain repayment of any outstanding loan balance owed by the Borrower. Interest
on any amount which becomes due and payable shall be charged in accordance with sub clause 2 above.
F. COMMUNICATION
The Borrower agrees that Eatongate Capital Limited may communicate with them by sending
notices, messages, alerts and statements in relation to this Agreement in the following manner:
- i. To the most recent address Eatongate Capital Limited holds for the Borrower on le.
- ii. By delivery to any email address provided during the application process.
- iii. By delivery of an SMS to any mobile telephone number the Borrower has provided to Eatongate
Capital Limited.
G. MISCELLANEOUS
The Borrower agrees that Eatongate Capital Limited may communicate with them by sending
notices, messages, alerts and statements in relation to this Agreement in the following manner:
- i. This Agreement shall be governed by the laws of the Federal Republic of Nigeria and shall be
subject to the jurisdiction of the courts of the Federal Republic of Nigeria.
- ii. If Eatongate Capital Limited does not strictly enforce its rights under this Agreement (including its
right to insist on the repayment of all sums due on the Repayment Due Date) or grant the Borrower an
indulgence, Eatongate Capital Limited will not be deemed to have lost those rights and will not be
prevented from insisting upon its strict rights at a later date.
- iii. Eatongate Capital Limited reserves the right to transfer or assign its rights and obligations under this
Agreement (including its obligation to lend money to the Borrower or the amount owed under this
Agreement) to another person. Eatongate Capital Limited will only inform the Borrower if such a
transfer causes the arrangements for the administration of this Agreement to change.