1.1 Portify is the trading name of Portify Limited, company registration number: 10780281, registered and principal place of business address: 31 Great Sutton Street, London, England, EC1V 0NA (“Portify”, “us”, “we”).
Portify Plus Subscription
1.2 As a user of the Portify App (the “App”), you may subscribe to our Portify Plus subscription service. This subscription gives you access to several products and services including Flex Finance. By applying for and obtaining access to Flex Finance, you confirm that you have read and agreed to these Portify Plus Terms (the “Terms”) together with the App Terms.
Portify Plus Subscription Fees
1.3 Portify Plus is a subscription service which costs £7 a month. This fee will be taken on a specified date each month (the “Renewal Date”).
Flex Finance Application
1.4 As a Portify Plus subscriber, you can make an application for our Flex Finance service. Based on your application information, you may be eligible to request a draw down (the "Draw Down") on your Flex Finance Revolving Credit Facility (“the Request”). For the avoidance of doubt, reference to a Draw Down means the provision of cash from Portify to you provided under these Terms and repayable under the same.
1.6 While you may have more than one account on the App, you agree that you may only Draw Down once at any time irrespective of the number of accounts you have. For the avoidance of doubt, this means that you will not be eligible to Draw Down again where your current Draw Down is outstanding and has not been repaid in full to us.
1.7 You must provide us with details of a linked bank account for the Draw Down and in accordance with our Terms. You agree that the linked bank account must be your main bank account. If your employer or another organisation pays for your use of the App, your main bank account is the one that receives payments from such employer or other organisation. You must retain the connection with your linked bank account until the Draw Down is repaid in full to us.
1.8 If your Request is successful, we shall notify you accordingly through the App. If you wish to make changes to the Request, please contact us as soon as possible. You will be able to contact us for these purposes on the following – email: email@example.com or via WhatsApp: +447476556252.
1.9 A legally binding contract will come into existence between you and us in accordance with these Terms and the Credit Agreement.
1.10 We may need further information from you in order for us to approve your Request or during the period of the contract. To the extent that additional information is required, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it we may decline the Request.
1.11 Upon Portify’s acceptance of your request, the Draw Down, of the amount agreed by Portify, will be made to you via the App to your linked bank account. No interest or any other charges shall be payable on the outstanding Flex Finance amount paid to you by us.
1.12 Portify reserves all rights to refuse Draw Downs, and will notify you in such an instance accordingly.
Flex Finance Payment
1.13 Upon Portify’s acceptance of your request, the Draw Down, of the amount agreed by Portify, will be made to you via the App to your linked bank account. Users of the Portify Plus service will be charged a monthly subscription fee (the “Subscription Fee”), which is payable by you, in your capacity as a Portify Plus service user, regardless of whether or not you are in receipt of the Draw Down. The Subscription Fee shall be a fixed amount, please refer to the table of fees and corresponding subscription levels in this section of the agreement for more information. The Subscription Fee shall become payable together with the Draw Down, where you receive the Draw Down (as applicable), in accordance to clause 1.14 below. No interest or any other charges shall be payable on the outstanding Flex Finance amount paid to you by us.
Flex Finance Repayment
1.14 Repayment(s) will be paid in minimum £25 instalments and the Draw Down is fully due within 30 days of receiving it. If you fail to repay within 30 days, we will automatically attempt to recover the Draw Down for a further 30 days. If we are unable to recover the Draw Down, you may lose access to the Portify App. You can also pay off the remaining balance in full before the 60th day at any point.
1.15 Portify will send you repayment reminders, via the App, at reasonable intervals before the date the Draw Down is due.
1.16 Payments can be made via debit or via a continuous payment authority (this is where you choose to give us the authority to directly take repayments from your account on the due date).
Limitation of liability
1.17 You accept and acknowledge that Portify is not liable for any losses or damages, whether foreseeable or unforeseeable, which may be suffered by you in your use of the Draw Down or if you fail to meet your obligations under these Terms.
Taxes and other costs
1.18 Please note that there is a possibility that other taxes or costs may apply that are not paid by us nor imposed by us.
1.19 You accept and acknowledge that you are responsible for any and all tax attaching to the Draw Down as a result of your use, and that Portify is not under any obligation whatsoever to inform you of your personal or corporate tax and/or reporting obligations in connection with the Draw Down and Subscription Fee.
1.20 We may terminate or suspend your Portify Plus membership (and also your access to Flex Finance) at any time, but this will not affect your obligations to repay any outstanding Draw Down and/or Subscription Fee.
1.21 Portify may transfer its rights and obligations under these Terms to another organisation, and Portify will always notify you in writing if this happens, but this will not affect your rights or Portify's obligations under these Terms.
1.22 You shall not assign or transfer any of your rights and obligations under these Terms.
1.23 Each of the clauses of these Terms operate separately. If any court or competent authority decides that any of the clauses are unlawful or unenforceable for any reason, the remaining clauses will remain in full force and effect.
1.24 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a missed payment by you, we will only do so in writing, and that will not mean that we will automatically waive any later missed payment by you.
1.25 No changes to these Terms can be made without a signed written agreement from you and countersigned by us.
1.26 We can decide to terminate this contract:
i. if you break it; and
ii. in the event that you do not repay amounts due to us in accordance with these Terms. We will notify you if we decide to terminate this contract.
1.27 If any Draw Down(s) are outstanding at the point of ending the contract, all outstanding Draw Down(s) will be due and payable within 7 days of the date of termination, unless otherwise agreed by the parties.
1.28 If you change your mind before we pay you a Draw Down, just notify us by email, or WhatsApp that you would like to withdraw your Request. No further action is then required by you
1.29 You may terminate your Portify Plus Subscription at any time so long as you do not have a Draw Down outstanding. As soon as you have terminated your subscription, you will not be able to make a Request, however you will still have access to all other Portify Plus products until your Renewal Date.
1.30 You have the right to cancel this contract within 14 days of its conclusion (i.e. 14 days from when you start your Portify Plus Subscription). The cancellation period expires on the 14th calendar day after the conclusion of this contract.
1.31 You are able to exercise your right to cancel by sending us a written cancellation notice to the following – Email: firstname.lastname@example.org, or via WhatsApp: +447476556252.
1.32 In the event that you exercise your right to cancel you undertake to make payment of the Draw Down and Subscription Fee in full within 30 calendar days of sending us a cancellation notice.
1.33 The consequences of not exercising your cancellation rights within the 14 day cancellation period is that you will be liable to make full payment of the Draw Down and Subscription Fee within 7 days (as opposed to 30 calendar days) if you cancel this contract outside of the cancellation period.
1.34 In the unlikely event that you are unsatisfied with the Portify Plus Subscription product and/or the provision of our services (or failure to provide an adequate service, as the case may be) you can lodge a complaint directly to us in writing using the following details - Email: email@example.com (please include the term “Complaint” in the subject heading) or via WhatsApp: +447476556252.
1.35 You can reach us via email at firstname.lastname@example.org or via WhatsApp: +447476556252.
1.36 We will communicate with you via WhatsApp and/or via the email address and contact information that you have provided to us.
1.37 The contract terms and conditions are communicated in English and we, upon your agreement (which shall be provided by you by virtue of entering into this contract), undertake to communicate to you throughout the duration of the contract in English.
Governing law and jurisdiction
1.38 These Terms have been constructed in accordance to English and Welsh contract law and any dispute or claim in connection with them shall be governed by and interpreted in accordance with the laws of England and Wales. Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claims in connection with these Terms.