Terms Of Service

1. Acceptance Of Terms

Accessing the website, submitting a contact form, sending documents to the desk or accepting a term sheet constitutes acceptance of these terms. A person who does not accept the terms should not use the site and should not submit a funding inquiry. These terms apply in addition to any written agreement signed in connection with a specific facility. Where a signed agreement conflicts with these terms, the signed agreement controls for the matters it covers, and these terms continue to govern ordinary use of the site.

2. Eligibility And Authority

The services described on this site are offered to businesses and to the authorized representatives of businesses. A person who submits an inquiry represents that the person is at least eighteen years of age and has the authority to act for the business named in the inquiry. Where a person submits information about a principal, a guarantor or a related entity, that person represents that the necessary authority to share the information has been obtained. The desk may request evidence of authority, such as a formation document, a resolution or a signed authorization, before acting on a file. Submitting information without authority is a breach of these terms.

3. Permitted Use Of The Site

The site may be used for lawful business purposes connected with evaluating or obtaining funding from DEVLIN FUNDING GROUP, LLC. A visitor may view pages, print a reasonable number of copies for internal use and contact the desk through the published channels. The site may not be used to submit false information, to impersonate another person or business, to probe or test the security of the system, to introduce malicious code, to scrape content at scale, to send unsolicited advertising or to interfere with the normal operation of the site. Automated access is permitted only where the desk gives written authorization. Any use that damages the site or impairs access for others is prohibited.

4. Funding Inquiries

A funding inquiry begins when a business submits a description of its needs along with documents such as a receivables aging, a contract list and an asset schedule. The desk confirms receipt, requests anything missing and reviews the file. A complete file generally receives a written response within one to three business days. The desk may decline to proceed with a file at any stage, including after an initial review, and may do so without providing a detailed explanation where the decision rests on confidential underwriting criteria or on information the desk is not permitted to disclose.

5. No Offer And No Commitment

Content on this site is informational and does not constitute an offer to lend, an offer to purchase receivables or a commitment to provide any facility. An offer arises only when the desk issues a written term sheet and the client accepts it in the manner the term sheet describes. Until that point, no obligation exists on either side. Figures, timelines and examples shown on the site are illustrative and do not guarantee that a particular facility will be available, that a particular rate will be offered or that a file will close within a stated period. Each decision depends on the documents reviewed and on the underwriting standards applied at the time.

Nothing on the site should be read as a promise of approval. The desk may decline a file for reasons that include insufficient collection history, unresolved liens, a concentration of receivables with a single customer, a mismatch between the requested maturity and the underlying project, or an industry profile that falls outside the programs the desk administers. A decline is not a statement about the quality of the business, and the desk will explain the primary reason where it is able to do so. A business that is declined may reapply after the circumstances that led to the decision have changed.

6. Term Sheets And Documentation

A term sheet sets out the proposed facility, the rate, the advance percentage, the fee schedule, the reporting duties and the maturity date. A term sheet is an outline and remains subject to satisfactory completion of verification, documentation and any conditions stated within it. If the desk prepares a documentation pack, the client is responsible for reading it, asking questions and signing only when the obligations are understood. Changes to a facility after signing take effect only when confirmed in writing by the desk. Oral statements that are not reflected in a signed document do not amend a facility.

7. Client Duties And Accuracy

A client must provide information that is true, accurate and complete to the best of the client knowledge. This duty covers contracts, invoices, receivables, liabilities, litigation, tax status and asset condition. A client must promptly report any material change that affects a funding file, including the loss of a major customer, a dispute over an invoice, a lien, a judgment or a bankruptcy filing by a significant counterparty. A client must use funds for the purpose stated in the facility and must maintain records that allow the use of funds to be traced. Concealing a material fact or providing a document that has been altered is a serious breach and may result in immediate suspension of the facility.

8. Fees And Charges

Fees that apply to a facility are stated in the term sheet and in the signed agreement. Depending on the program, fees may include an origination fee, a purchase discount on factored invoices, a documentation fee, a wire fee, a late charge or a charge for early settlement. No fee is charged for the initial review of an inquiry. Any fee not disclosed before signing will not be imposed. Where a fee is estimated at the outset and changes before closing, the desk will explain the change and the client may decline to proceed without penalty beyond any third party cost already incurred at the client request, such as an appraisal or a filing fee.

9. Repayment And Default

A client must repay each advance according to the schedule in the signed agreement. A repayment is credited when funds are received and cleared, not when they are sent. Events that may constitute default include failure to pay on the due date, breach of a covenant, a material misstatement, the failure of a named collection stream, a bankruptcy or insolvency proceeding, or conduct that impairs the collateral or the receivable that supports the facility. On default, the desk may exercise the remedies stated in the agreement and permitted by law, which may include accelerating the balance, enforcing a security interest, requiring additional reporting or suspending further advances. The desk will provide notice and an opportunity to cure where the agreement or the law requires it.

10. Intellectual Property

The text, layout, graphics, code, styling and other content of this site are owned by DEVLIN FUNDING GROUP, LLC or are used with permission, and are protected by intellectual property law. The split-flap board design, the written content and the program descriptions are the property of the company. A visitor may not copy, republish, distribute, modify or create derivative works from the site content for commercial purposes without written permission. Limited quotation with attribution for commentary or review is acceptable. The company name, the brand and the program names are marks of the company and may not be used in a way that suggests endorsement or affiliation without written consent.

11. Third Party Materials

The site may reference resources, tools or references provided by third parties. These materials are provided for convenience and are not under the control of the desk. The desk makes no representation about the accuracy, completeness or suitability of third party materials and is not responsible for any loss that arises from reliance on them. Any use of a third party resource is governed by that resource own terms. Nothing in this section limits any right that cannot be limited under applicable law.

A link to an external resource does not mean that DEVLIN FUNDING GROUP, LLC endorses the operator of that resource or the products it offers. Visitors who choose to follow an external link do so at their own discretion and should review the terms and the privacy notice published by the external operator. The desk does not receive compensation for placing ordinary informational links on the site, and it does not permit third parties to place advertising on the site without written agreement.

12. Confidentiality

The desk treats client business and financial records as confidential. Personnel and service providers with access to those records are bound by confidentiality duties. The desk may disclose information where the client authorizes it, where disclosure is necessary to evaluate or service a facility, where a funding partner participates in the transaction, where a professional adviser requires it, or where the law or a valid legal process compels it. A client agrees to keep confidential any non public information about the desk that the client receives in the course of an engagement, including pricing methodology, underwriting criteria and program design. These duties survive the end of the relationship.

13. Privacy

The handling of personal information is described in the Privacy Policy published on this site. The Privacy Policy forms part of these terms by reference and should be read together with this document. Where these terms and the Privacy Policy differ on a matter of data handling, the Privacy Policy controls for that matter. A client who has questions about data practices may contact the desk using the details in the final section of this document.

By submitting a funding inquiry, a client acknowledges that the desk will process business and financial records for the purposes described in the Privacy Policy, including evaluating the application, verifying information, servicing any facility that results and satisfying record keeping duties. A client who does not wish information to be processed for those purposes should not submit a file, because the review cannot be completed without the documents that the process requires.

14. Disclaimers

The site and its content are provided on an as available basis. To the fullest extent permitted by law, the desk disclaims all warranties, whether express or implied, including any warranty of merchantability, fitness for a particular purpose and non infringement. The desk does not warrant that the site will be uninterrupted, that it will be free of errors or that any defect will be corrected. The desk does not warrant any particular funding outcome, rate, timeline or eligibility result. Any reliance on general information published on the site is at the risk of the reader. Nothing on the site constitutes legal, tax, accounting or investment advice, and a client should consult its own professional advisers before entering a facility.

15. Limitation Of Liability

To the fullest extent permitted by law, DEVLIN FUNDING GROUP, LLC will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, including lost profits, lost revenue, lost data or business interruption, arising from or related to use of the site or to any funding inquiry, even if the possibility of such damages was known. The total liability of the company for any claim relating to the site, and not to a signed facility, will not exceed one hundred United States dollars. Liability that cannot be limited or excluded under applicable law is unaffected by this section. The limitations in this section apply regardless of the legal theory on which a claim is based.

16. Indemnification

A person who uses the site or submits a funding inquiry agrees to indemnify and hold harmless DEVLIN FUNDING GROUP, LLC, its members, officers, employees and agents against any claim, loss, liability, cost or expense, including reasonable legal fees, that arises from a breach of these terms by that person, from information submitted without proper authority, from information that is false or misleading, or from misuse of the site. The company will provide notice of any such claim and may participate in the defense. This obligation survives the end of the relationship and does not apply to the extent a claim results from the company own gross negligence or willful misconduct.

17. Suspension And Termination

The desk may suspend or terminate access to the site, decline to proceed with an inquiry or suspend further advances under a facility where these terms are breached, where a file presents an unacceptable risk, where a legal requirement demands it or where continued service would expose the desk to loss. Where a facility is active, suspension of further advances does not cancel repayment duties already incurred. A client may end an inquiry at any time by written notice. Obligations that by their nature should survive termination, including repayment, confidentiality, indemnity and limitations of liability, continue after the relationship ends.

18. Governing Law And Disputes

These terms are governed by the laws of the State of California and applicable United States federal law, without regard to conflict of law rules. The parties agree to attempt to resolve any dispute through good faith discussion before pursuing formal proceedings. Where a dispute cannot be resolved by discussion, the parties agree to the exclusive jurisdiction of the state and federal courts located in San Bernardino County, California, unless a signed facility agreement names a different forum, in which case that agreement controls. A claim must be brought within the period permitted by applicable law. If any provision of these terms is found to be unenforceable, the remaining provisions continue in effect.

19. Changes To These Terms

These terms may be updated from time to time to reflect changes in law, in the programs offered or in the operations of the desk. The revised version is posted on this page with a new effective date. Material changes apply to inquiries submitted after the effective date and to facilities entered after that date. Continued use of the site after an update indicates acceptance of the revised terms. Reviewing this page periodically is encouraged so that the current conditions remain familiar. Where a change affects an active facility, the desk will provide notice to the affected client.

20. Contact Information

Questions about these terms may be directed to DEVLIN FUNDING GROUP, LLC, 14119 Casa Blanca Ct, Fontana - 92336-3726, United States (US). Electronic mail may be sent to sales@devlinfunding.lat. Telephone inquiries may be placed to +18159579263 during business hours, Monday to Friday from 8:00 to 17:00 Pacific and Saturday from 9:00 to 13:00 Pacific. Please include enough detail for the desk to identify the relevant file and a preferred method of reply. A response will be provided within the period required by applicable law.