Investment Funding Application Agreement

  1. Investment Funding Application Agreement

This Funding Application Agreement is between you (“you” and “your” mean you and each and every other Company or Business who apply for funding) and Asabik LLC (“we,” “us,” “our,” and “Asabik”). Asabik does not provide any capital funding directly, we are only helping small business applying for fund by connecting them to potential investors. If the funding application resulted in a fund, then the funding terms and conditions is set between the Company and the Investor.


If you request an investment funding from us, and if that request results in approved investment fund, then your received fund will be governed by the terms of this Funding Application Agreement and the Fund Agreement between you and The Investor, which is noted to this Funding Application Agreement as Exhibit 1 (the “Fund Agreement”), as may be revised from time to time. The version of the Funding Application Agreement in effect when you make a funding request will apply to any fund made in response to that request, and any fund received would be governed by the version of the Fund Agreement then in effect. By consenting to this Funding Application Agreement, you will also need to agree to the Fund Agreement between you and the Investor and authorizing us to complete the Fund Agreement as necessary to facilitate your funding request. This Funding Application Agreement will terminate if your funding request is cancelled, withdrawn, or declined.


The Asabik marketplace is an online investment platform (the “Platform”) operated by Asabik.

No modification, variation or waiver of this Agreement or any part thereof shall be valid unless made in writing, clearly expressed to be a modification, variation or waiver, and signed by duly authorized representative of each party.


BY ELECTRONICALLY SIGNING THIS APPLICATION AGREEMENT, YOU HAVE SIGNIFIED YOUR AGREEMENT TO THESE TERMS.


  1. Method of Payment.

You would make payments by electronic fund transfer from an account that you designate using an automated clearinghouse (ACH).


You recognize that if you have automated withdrawal enabled, it is your responsibility to ensure that all amounts you owe are paid when due, even if not debited from your account. If you close your account or if your account changes or is otherwise inaccessible such that you are unable to withdraw your payments from that account or process your check, you will notify us at least three (3) business days prior to any such closure, change or inaccessibility of your account, and authorize us to withdraw your payments, or you will provide a check, from another account that you designate.


In connection with any fund application you make on the Platform, you represent and warrant that you are the owner of the bank account(s) that you designate for electronic transfers of funds and have authority to direct that fund payments be made from such account. You acknowledge your designated account(s) will be the account(s) into which fund proceeds will be deposited and from which monthly payback payments will be made.


  1. Non-Payment / Default and Remedies.

If you fail to make any payment when due in the manner required by Paragraph 2, you will inform us the reason immediately. If you are a delinquent, file a bankruptcy or insolvency proceeding, we may deem you in default and accelerate the collection of remaining unpaid fund and declare any other charges due under this to be payable. We may appoint accountant to check your accounting records and a collection agency who might recover the unpaid fund using any of your business asset.


  1. Fees

Name

Fees

Frequency

Details

ACH Return

$10

Per occurrence

If Automated Clearing House (“ACH”) transfers or checks are rejected or returned for any reason, or fail due to insufficient funds in your bank account, then we may charge this fee. Each attempt to collect a payment is considered a separate transaction, so an ACH return or check refund fee will be assessed for each failed attempt

Origination Fee

$500

One time

This is a one-time fee and is non-refundable. We will deduct from the investment fund proceeds before they are delivered to you.

Penalty

$20

Per occurrence

Failure to login to verify your account, this is required once every month and reports your profit.



  1. Authorized Use/ Purpose Of The Invested Fund

You agree that you will not use the invested fund proceeds:


  1. To pay for any loans that you had or for any purpose of the debt consolidation,

  2. To fund any illegal activity or any other activity or use not otherwise allowed under this Agreement or the terms applicable to any products or services that we offer, including but not limited to all Asabik websites and the subdomains thereof (collectively, the “Site”);

  3. For the purpose of purchasing or carrying any securities; or

  4. For the purpose of investing, trading, or speculating in any currencies, including without limitation cryptocurrencies or digital currencies or any futures or derivatives thereof.

  5. To pay for mortgage, student loan, or for any personal loans.

You further acknowledge and agree that we may rely without independent verification on the accuracy, authenticity, and completeness of all information you provide to us and all representations you make to us.


  1. Business Sector & Code of Ethics

You acknowledge that you have selected the correct or the best match of your business industry, sector, sub sector, and category. You also confirm that your business is legal and deliver goods and services that are in line with our moral principles and code of ethics. (ie if you sell tobacco or product or services that are not in line with our core values then you have violated this agreement).


  1. Consent for Communications.

You expressly consent and agree to receive communications from us, our affiliates, and designated investors invested on your company, regarding any investment or account application that you submit or attempt to submit to us, any fund that you obtain from investors or through us, and any account that you establish with us, at any telephone number that you provide to us or that we can reasonably associate with you. You agree that we may monitor and record any communications between you and us for quality assurance and other permitted business purposes. You understand and agree that we may always communicate with you in any manner allowed by law that does not require your consent.


  1. Disclosure of Information.

You agree that we share your personal data including address, telephone number or email address to potential investors who can contact you if they invested in your company for the purpose connected with the operation of the Profit & Loss Agreement. You agree your company will be listed in our Platform with details about your business, your credit rating, business address, and other info you provide to us. You agree to share your profit and revenue every month with the investors who invested in your Company.


Your information can be shared with the following:

  1. service providers, including debt collection agency or accounting firm in the case of loss due to your negligence.

  2. Potential investors who are registered on our Platform.

  3. any party as required by any law or any government, administrative, regulatory/ supervisory body or authority, court or tribunal;

  4. any financial crime references agencies, other financial institution and any of their respective agents; and

  5. any guarantor or collateral provider for your facilities.

You consent to such disclosure and hereby confirms and declares that the terms contained therein shall be subject to the Privacy Policy in connection with the Personal Data sharing.

In the event of any inconsistency between the terms contained herein with the terms as set out in the Privacy Policy, the terms and conditions in the Privacy statement shall prevail.


9. Credit Rating and Account Info

You agree that we will rate your business according to your credit worthiness and you agree to verify your account every month with us once you have received the investment fund until the end of your contract.

You have enrolled in a Profit & Loss contract with investors, it is important for the investors to track the performance of your Company and to watch for their investment being used wisely. Hence you agree to report your profit every month and acknowledge that your reports are accurate. You confirm that there is a monthly penalty for not reporting your profit on that month. You also confirm that in case of loss, investors will have the right to check your record including hiring accountant firm.


9. Entire Agreement.

This Funding Application Agreement, together with any corresponding Fund Agreement, the Application and Website/Platform Terms and Conditions, any other document provided or executed as part of the fund application process, represent the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to your loan request and loan.


10. Electronic Transactions. THIS APPLICATION AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES.


12. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS APPLICATION AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF PROVIDING FUND.


13. LIMITATION ON LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THIS APPLICATION AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY.