Terms & Conditions - Evolocity Financial Group

Updated and effective August 29, 2019

  1. OnDeck Terms and Conditions

The OnDeck service and website (each as defined below) are operated by On Deck Capital, Inc., a Delaware corporation or a subsidiary or affiliate thereof (collectively, “OnDeck”, “We”, or “Us”). OnDeck is in the business of providing customers with small business loans, lines of credit, merchant cash advances, and related services (“Service”). OnDeck is not a broker, investment advisor or financial planner, and we do not provide financial, securities, legal or tax advice. Before making any decision or implementing any strategy you should consider obtaining additional information and advice from your accountant, attorney, and/or other advisors. "You" is defined as the owner of the company completing the application on behalf of the company seeking credit. Unless otherwise noted, any agreements, authorizations or consents made by You or permissions granted to You hereunder also apply and are binding on your company seeking credit from OnDeck.

  1. Accepting the Terms

By using the information, tools, features and functionality located at ondeck.com or subdomains (the “Website”) or by submitting an application for credit to OnDeck, you signify that you have read, understand and agree to be bound by these terms and conditions (the “Agreement”) for any and all applications for credit to OnDeck. You further agree all information being provided by your company as the borrower and/or by you as the Guarantor as part of the application process for the Loan is true and complete.

You may not use the Service and you may not accept this Agreement if you are under 18 years of age. You represent that you have the capacity to bind the company or entity applying for credit, on behalf of such company or entity. You understand that we will require you to sign a personal guarantee for the credit obtained by your company from OnDeck. For term loans, we will take a general lien on your business’s assets. Before you continue, you should print or save a copy of this Agreement for your records.

In addition to this Agreement you and your company may enter into other agreements, including a loan agreement that will govern the terms of your company's loan or line of credit and use of the Service. If there is a conflict between this Agreement and such other agreements that is applicable to specific aspects of the Service, the other agreement shall govern with respect to those specific aspects.

OnDeck may make changes to this Agreement from time to time. If we do this, the date at the top of this page indicates when the latest revisions were made. Your continued use of the Service or the Website will constitute acceptance of such revisions.

  1. Credit and Background Check Authorization

You understand and agree that We and our agents and assignees are authorized to contact third parties to conduct background checks and other investigative reports, including but not limited to your business credit card sales data as described below, and make credit report inquiries (including requesting personal credit bureau reports about you and any other owner(s) of the business who will be providing a personal guarantee, and business credit bureaus about your company, in either case, from credit reporting agencies and other sources) or for any other lawful purpose. OnDeck has such authority for the foregoing in connection with any extension of credit to the company on whose behalf you are applying, conducting loan file updates, ongoing loan reviews, renewal of financing, or referral of your business to third party lenders. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that OnDeck is making no commitment or guarantee that any product, evaluation, or guidance provided by OnDeck will result in an approval of credit from OnDeck or any third party lender.

  1. Privacy, Personal and Company Information

For information about OnDeck’s data protection practices, please read our Privacy Policy, which can be accessed on the Website and online application, as modified from time to time, which is hereby incorporated into this Agreement. The Privacy Policy explains how OnDeck collects and treats your personal and company information, and protects your privacy, when you access OnDeck and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Website.

  1. Identity Verification

To help the government fight the funding of terrorism and money laundering activities, when your company applies for credit, we ask for your name, address, and other information that allows us to identify you and your company. We may also ask for a driver’s license or other identifying documents. You allow us to obtain such information and share the information with third parties to help us verify you and your company’s identity.  While any business financing is outstanding, You and Your business agree to provide Us with all requisite information to permit Us to continue to access such information. 

  1. Bank and Financial Information

In connection with the provision of the Service, users may submit financial information from their business banking account to OnDeck. OnDeck uses this information for its lending decisions and may require updates to monitor the performance of customers on an ongoing basis. With the Service, users may direct OnDeck to retrieve your company information maintained online or otherwise by third-party financial institutions or organizations authorized to house such information.

  1. Proprietary Rights

All content on the Website or used by the Service, including but not limited to text, names, designs, pictures, information and software are the proprietary property of OnDeck with all rights reserved.

You are permitted to use content delivered to you through the Service or Website only on the Service. You may not copy, reproduce, modify, distribute, or create derivative works from this content. Further, You agree not to reverse engineer or reverse compile any of the Service technology.

  1. Electronic Communications

You hereby consent to receive by electronic means, (or in writing through postal mail or email), this Agreement, communications, disclosures and notices, including and any and all disclosures and/or notices required to be given by applicable law or regulation. You also consent to allow OnDeck to respond to any inquiries by e-mail, at the email address you have provided, regardless of the format of the original inquiry. You also agree to Electronic Signature as provided in section 9 below.

To electronically receive, view, and save the Agreement, you must have a personal computer equipped with Google Chrome, Safari 5.1 (or higher), Firefox 2.0 (or higher) or Microsoft IE9.0 (or higher), and either a printer, a hard drive, or other storage device. You must also have a valid email address. You must notify Us if your email address changes. To notify Us of your new email address, please log on to the Website via the "Login" link in the upper right-hand corner of this page and update your email address in the “My Profile” section.

You agree that electronic copies of communications are valid and You will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering. Pursuant to law and regulations, You agree and acknowledge that all electronic communications delivered to you by OnDeck (i) shall be given the same legal effect as signed paper communications, (ii) shall be considered a “writing” or “in writing” and (iii) shall be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. You agree that all electronic communications and actions recorded by OnDeck shall be deemed valid and admissible originals.

  1. Electronic Signature

You hereby accept all of the following terms and conditions relating to OnDeck’s electronic consent and contract binding policy. Please read the information below carefully and thoroughly.

YOU AGREE TO ELECTRONIC CONTRACT BINDING. You consent that your electronic signature on agreements and documents has the same legal and moral effect as if you signed such agreements and documents in ink and will be deemed valid, authentic, enforceable and binding. You further consent that your electronic actions or your participation in certain electronic processes that are logically associated with a contract or any fully disclosed terms and conditions shall also have the same legal effect as if you signed such contract or agreed to such terms and conditions by providing your written signature in ink and you agree that such actions/participation will be deemed a valid and binding contract to the extent such actions/participation indicates your intent to be legally bound.

YOU UNDERSTAND THE DISCLOSURES ABOUT CHANGING YOUR CONSENT. If You elect to receive required notices and disclosures only in paper format, it may slow the speed at which we can complete certain steps in transactions with You and delivering services to you. Nonetheless, You may change your consent at any time. Your consent to electronic communications and electronic signature may also be withdrawn at any time by providing us with written notice that has been notarized and sent to the address below. Notwithstanding Your change of consent, any electronic communications provided or agreements entered into with your electronic signature prior to your consent being withdrawn shall remain effective and binding.

OnDeck Canada 
1100 Rene-Levesque, Suite 1825
Montreal, Quebec, H3B 4N4

Your correspondence must contain in the body of such request your e-mail address, full name, postal address, and telephone number. After your withdrawal of consent has been received and processed by OnDeck, all subsequent notifications and communications will be sent by regular mail to the last known address on file with OnDeck. You have the option to receive any information that we have provided electronically in paper form at no cost to you by providing a written request to the address above. Additionally, you will have the ability to download and print certain documents through the OnDeck website.

YOU ACKNOWLEDGE AND CONFIRM YOUR CONSENT. If You consent to receive notices and disclosures in electronic format on the terms and conditions described above, please let us know by clicking the checkbox next to “Application” on the previous page. By clicking the check box, You acknowledge and confirm that (1) you can access and read this APPLICATION AGREEMENT; (2) you can print on paper the disclosure or save or send the disclosure to a place where you can print it, for future reference and access; and (3) until or unless you notify OnDeck as described above, you consent to receive from and through electronic means all notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you by OnDeck during the course of your relationship with OnDeck.

  1. Telephone Communications

You authorize OnDeck and those acting on its behalf to deliver or cause to be delivered advertisements or telemarketing messages, including calls, text messages, and SMS and MMS messages, using an automatic telephone dialing system (often referred to as an autodialer) or an artificial or prerecorded voice, to the telephone numbers you have provided in your application for credit to OnDeck (including Your cellular phone numbers).  You agree that this consent applies even if the numbers you have provided are currently on any Do-Not-Call registry.  You understand that You are not required to provide this consent as a condition of receiving any credit or services from OnDeck, and that You may apply for business credit by contacting us directly.  You may opt-out of receiving calls and marketing from OnDeck and its affiliates, marketing partners, agents and others as provided in the Privacy Policy or by contacting us directly.

  1. Loan Return Policy

You agree that you may not return any loan or other financial product that you take from OnDeck except at OnDeck’s sole discretion, it being understood that in no event will you be able to return any such product after 5:00 p.m. EST on the second business day following the initiation of disbursement of funds by OnDeck, and no returns of renewal loans or lines of credit will be permitted.

  1. Third-Party Sites or Content

The Website or other materials sent to you under the Service may contain links to other Websites (“Third Party Sites”), as well as content from third parties. OnDeck is not responsible for such Third Party Sites or content from third parties, including without limitation accuracy, reliability, offensiveness, or appropriateness. If you decide to leave the Website and access Third Party Sites or third-party content, this Agreement and OnDeck policies no longer apply.

In addition, if any such link is to another capital provider or lender, OnDeck acts solely as a referrer and does not guarantee or underwrite the products or services, including credit products, provided by such capital provider or lender. You will be deemed a customer of that capital provider or lender with respect to any products or services provided by such capital provider or lender. OnDeck has no role in, nor any liability for any decision made or product or service provided by such other capital provider or lender.

  1. Referral Program Terms and Conditions

The referral program (the “Program”) is open to all Canadian residents who have reached the age of majority in their province of residence (each a “Referrer”) who wish to refer businesses (each a “Referee”) to OnDeck. By submitting a referral, you represent to OnDeck that you have obtained the prior consent of the Referee to provide their information. Employees or partners of OnDeck, are not eligible to participate in the Program.

In order to qualify for the program, the Referee must not be a current or past client of OnDeck and must not have applied on their own initiative previously. If more than one Referrer submits a referral for the same Referee, the first one to submit the referral will be entitled to compensation.

VISA gift cards will be issued only if the Referee actually receives funding from OnDeck within 3 months from the referral date.  For fundings of up to and including $25,000, a VISA gift card of $250 will be issued. For fundings above $25,000, a VISA gift card of $500 will be issued. There is no limit to the amount of Referees a Referrer can refer, nor is there a limit to the amount of VISA gift cards a Referrer can receive.

OnDeck may terminate the Program at any time.   This contest is subject to all Federal, Provincial and Municipal laws and regulations applicable in Canada. This contest is void where prohibited or otherwise restricted by law.

  1. Miscellaneous

Limitation on Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD-PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR BREACH OF WARRANTY. THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF WE ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE SERVICES BY US WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Warranty

WE DISCLAIM ANY WARRANTY OF MERCHANT LIABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF THE SERVICES OR ON THE WEBSITE AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE SERVICES AT ANY TIME.