CREDIT AGREEMENT
I. Definitions
Except as otherwise provided, the following terms and expressions have the following meanings wherever used in the
Loan Application, this Credit Agreement and other relevant documents
- • 1) “Applicant”- means the person who applies for a loan from “Doc Asistante”/(TECH AB INC.)
- • 2) “Approval Notice” - means an irrevocable notice of official approval of the Loan Amount and the Loan Term
issued by the Lender to the Borrower no later than one (1) day from the effectivity of this Credit Agreement
between the Lender and the Borrower. The Approval Notice can be provided to the Borrower by SMS and/or direct
call via mobile number registered by the Borrower (the “Registered Phone”) under the Loan Application or such
other forms which the Lender may deem fit.
- • 3) "Borrower" - means the party to the Credit Agreement to whom the Loan is made.
- • 4) “Borrower’s Dues” - means and includes the outstanding principal amount of the Loan, Interest on the Loan,
all other interest, fees, costs, charges, expenses, and all other sums whatsoever payable by the Borrower to the
Lender on or before the Due Date in accordance with the Loan Terms and Transaction Documents.
- • 5) “Business Day” - means a day (other than a Saturday, Sunday or a public holiday in Philippines) on which
the Lender is opened for business transactions in the normal course of business.
- • 6) "Credit Agreement" - means the agreement entered into between the Lender and the Borrower providing for the
Loan and such other related agreements as may be entered into from time to time by the parties. Credit Agreement
includes the General Terms and Conditions stated hereunder, the approved Loan Application, the Approval Notices
and all schedules and agreements supplemental to this Credit Agreement.
- • 7) “Repayment Date” - means the day where the Borrower must pay the Borrower’s Dues.
- • 8) “Default Interest Rate” - means the interest rate of three percent(3%) per day for overdue debt levied by
the Lender in addition to the Loan interest rate from the Due Date if he/she the Borrower fails to pay
Borrower’s Due on or before the Due Date until the Borrower's Due has been paid in full.
- • 9) “Interest” - means the Loan Interest or Default Interest as may be applicable.
- • 10) "Late Payment Fees and Charges" - means such fees and charges that Borrower have to pay to the Lender for
not paying on Due Date.
- • 11) “Lender” - means Doc Asistante.
- • 12) "Loan" - means the term loan facility, which may be granted or has been agreed to be granted by the Lender
to the Borrower for the Loan Purpose, in the manner and upon the terms and conditions specified in this Credit
Agreement.
- • 13) “Loan Amount” - means the principal amount of the funds financed by the Lender to be disbursed to the
Borrower. The Borrower can draw any part of the Loan again once the previous Loan has been repaid in full
subject to sole discretion of the Lender.
- • 14) “Loan Application” - means the application in writing duly accomplished, signed and submitted by the
Borrower to the Lender for availing of the Loan.
- • 15) “Loan Term” - means period of time which start on the day that the loan is arrived at the bank account the
borrower provided or payment and remittance center the borrower chose. It may vary and be determined upon the
application and the repayment capacity of the Borrower.
- • 16) “Loan Interest Rate” - means the interest rate stated in the Loan Application and this Credit Agreement.
- • 17) “Notice of Repayment” - means a notice showing the summary of payable amount provided by the Lender to the
Borrower and listing the Borrower's Due, Interests, fees, adjustments (if any) to the Borrower via Registered
Phone/Email and/or other means which the Lender may deem fit.
- • 18) “Outstanding Loan” - means the whole or the remaining amount of the Loan which the Borrower has not repaid
to the Lender.
- • 19) “Outstanding Interest” - means the whole or the remaining amount of the Interest which the Borrower has
not fully repaid to the Lender in accordance with this Credit Agreement.
- • 20) “Repayment” - means the repayment of the total Borrower's Due on or before the Due Date as shown in the
Notice of Repayment issued to the Borrower.
- • 21) “General Terms and Conditions” - means the terms and conditions specified hereunder, which form an
integral part of the Loan Application and this Credit Agreement, entered into between the Lender and the
Borrower.
- • 22) “Drawdown Date” - means the date of disbursing the Loan to the Borrower through money transfer service
offered by Money Transfer Providers in partnership with the Lender.
- • 23) “Transaction Documents” - means all writings, and other documents executed or entered into or to be
executed or entered into, by the Borrowers and/or the Lender, as the case may be, any other person, in relation
to, or pertaining to the Loan and each such transaction document as amended from time to time, including but not
limited to the Loan Application, this Credit Agreement and Approval Notice.
II. Loan calculation
Credit limit: from $ 500 to $ 20,000 pesos;
rates: interest & VAT The total rate is 33.87%
- - interest :The daily interest rate is 0.08% (Maximum annual interest: 29.2%)
- - VAT is interest X 16% $5.82(min) to $ 460 (max) (Varies based on your credit score)
Terms: 91 to 180 days
Estimated repayment date: application date (included) + loan term (days)
For example, for a loan of $ 5,000 that is due in 91 days, it is calculated as follows:
- - Application date: 08/01/2020
- - Interest: $ 5,000 * 0.09% * 91 = $ 410,
- - VAT: ($ 410) * 16% = $ 65.6
- - Total amount to pay: $ 5475.6= $5000+$410+$65.6
- - Estimated repayment date: 10/30/2020
III. The Loan Purpose
The Loan disbursed by the Lender is to be used for legal and legitimate purpose by the Borrower.
IV. Loan Amount
- • 1) The Borrower agrees to borrow from the Lender and the Lender agrees to lend to the Borrower a specific amount as stated in Approval Notice.
- • 2) Total Loan Amount granted should not exceed the approved loan amount.
V. Loan Term
- • 1) The initial term of each Loan shall be determined by the Lender on the basis of the one hundred twenty (120) subject to the Lender’s approval which is provided to the Lender via Registered Phone and/or other means which the Lender may deem fit.
- • 2) The Borrower voluntarily agrees to the Lender’s decisions on Loan Term.
VI. Others
- • Our app interface has no connection with any third-party apps, extensions, or plug-ins similar to the App Store or as
a general-interest collection.
- • Our app does not monetizing built-in capabilities provided by the hardware or operating system, such as Push
Notifications, the camera, or the gyroscope; or Apple services, such as Apple Music access or iCloud storage.
- • Our app has no restriction for all users.
- • Our app does not require users to rate the app, review the app, watch videos, download other apps, tap on
advertisements, enable tracking, or take other similar actions in order to access functionality, content, use the app,
or receive monetary or other compensation, including but not limited to gift cards and codes.
- • Our app does not manipulates artificially the visibility, status, or rank on other services.
VII. Interest and Other Charges
- • 1) Interest on each Loan shall begin to accrue on the First Drawdown Date of that Loan.
- • 2) During Loan Term, Loan Interest at the rate of one thousandth percent (0.1%) per day shall be charged on the Loan. The Default Interest shall be charged at the rate of three percent (3%) per day in addition to the Loan Interest against the Outstanding Loan when the Borrower fails to pay on or before the Due Date as shown on the Notice of Repayment provided to the Borrower.
- • 3) The Lender is entitled to revise the Interest at any time as per its policy, market conditions and/or applicable laws and regulations, if any, during the Loan Term at its sole discretion. The Lender shall inform the Borrower about the variation in the Interest/rate of interest in due course via SMS, email, media or any other means which the Lender may deem fit.
- • 4) The Interest shall accrue on a daily basis according to the actual number of days elapsed.
- • 5) For the other charges, it will be charged by a third party and shall be deducted from the loan amount due to transferring and disbursement process. For bank account transfer, charge will be MXN$ 6 (con VAT) and for the offline money remittances will be MXN$ 40 (con VAT) as charges.
- • 6) Platform management and evaluation fee.
Once the loan is approved, there is 10%-19% of Loan Amount as evaluation fee, ten percent (10%) of Loan Amount as management fee and VAT will be charged and this shall be deducted from the whole amount of loan you have applied for.
VIII. Conditions precedent to disbursement of the Loan
1) The initial disbursement of Loan shall be made available after the conditions precedent set out below have been fulfilled and provided to the satisfaction of the Lender.
- • a) Duly accomplished, signed and submitted Loan Application to the Lender
- • b) Certified copies of the Borrower's Valid ID card
- • c) The Approval Notice issued to the Borrower
- • d) Other documents required by the Lender as it deems necessary from time to time
- • e) No Event of Default is continuing or would result from the requested Loan. Once the Loan Application submitted by the Borrower is accepted by the Lender, the Borrower shall not be entitled to cancel the Loan or to refuse to accept disbursement of the Loan, except with approval of the Lender of such cancellation or prepayment charges as may be stipulated by the Lender. The Borrower agrees that the Lender has the right to approve/reject the cancellation of the Loan as the Lender deems fit.
IX. Repayment and Prepayment.
- • 1) The Borrower must repay the Borrower’s Dues on the Due Date.
- • 2) The Borrower may prepay the whole Loan provided the Loan Term before Due Date.
- • 3) The Borrower shall be required to make payment/repayment of the Borrower’s Dues with cash at the Payment Service Providers in partnership with the Lender or through any payment facilities as directed by the Lender from time to time.
X. Representations and Undertakings
1) The Borrower hereby represents and warrants to the Lender on a continuing basis that:
- • a) The obligation expressed or to be assumed by the Borrower in this Credit Agreement, and any relevant documents are legal, valid, binding and enforceable obligations;
- • b) The entry into and performance by the Borrower of, and the transactions contemplated by, this Credit Agreement, and any relevant documents do not and shall not conflict with:
- • i. any law or regulation applicable to the Borrower; or
- • ii. any agreement or instrument binding upon the Borrower;
- • c) No event of default is continuing or might reasonably be expected to result from the making available of the Loan; and
- • d) The Borrower has disclosed to the Lender all information (financial or otherwise) relating to the Borrower and all other relevant parties which is material to be known to the Lender in view of the provisions of this Credit Agreement, and other relevant documents and which is true, complete and accurate in all material respects at the date it was given and is not misleading in any respect.
2) The Borrower covenants with the Lender that during the Loan Term:
- • a) The Borrower shall comply in all respect with all applicable laws in connection with the performance of the Borrower’s obligations under this Credit Agreement, and other relevant documents;
- • b) The Borrower shall obtain and maintain in full force and effect any authorization, consent or approval required to enable the Borrower to perform the Borrower’s obligations under this Credit Agreement, and other relevant documents and to ensure the legality, validity, enforceability or admissibility in evidence of this Credit Agreement, and other relevant documents.
- • c) The Borrower shall notify the Lender in writing of any potential or actual Event of Default (if any specified in this Credit Agreement) and any event or circumstance which constitutes a default under any other agreement binding upon the Borrower (and, in each case, the steps, if any, being taken to remedy it) promptly upon becoming aware of its occurrence;
- • d) The Borrower shall provide a prior written notice to the Lender of any change in the Borrower’s name, date of birth, residential address within three (3) calendar days of such changes;
- • e) The Borrower shall notify the Lender of any change in the Borrower’s employment, business or profession. In the event the Borrower is self-employed, the Borrower hereby undertakes to keep the Lender informed about the financial of his or her business on a periodic basis as requested by the Lender.
XI. Event of Default
1) Each of the events or circumstances set out in the following sub-clauses is an Event of Default:
- • a) The Borrower does not comply with any provision of this Credit Agreement, and or any Transaction Documents, including any failure to pay when due any principal, interest, fee or any other amount payable pursuant to this Credit Agreement, and/or any Transaction Documents.
- • b) Any representation or statement made or deemed to be made by the Borrower in this Credit Agreement, and or any Transaction Documents is incorrect or misleading in any material respect when made or deemed to be made.
- • c) The Borrower is dead or becomes incapacitated.
- • d) Any event or series of events occurs which, in the opinion of the Lender, is likely to have a material adverse effect on the Borrower's financial conditions.
- • e) Any indebtedness in respect of monies borrowed from the Lender by the Borrower is not paid when due.
- • f) Any of the Borrower’s tax obligations or duties are not paid on the due date or become due or capable of being declared due prior to their due date.
- • g) Any changes in the laws of Mexican which impact on the Lender’s consideration to continue with the Loan.
- • h) The occurrence of any Event of Default as stipulated in this Credit Agreement, and any Transaction Documents.
2) On and at any time after the occurrence of an Event of Default which is continuing the Lender is entitled to:
- • a) Declare all or part of the outstanding under the Loan, together with accrued interest, and all other amounts accrued or outstanding under this Credit Agreement, and to be immediately due and payable.
- • b) Terminate all obligations of the Lender under this Credit Agreement, and other Transaction Documents.
- • c) Exercise all of its rights and remedies under this Credit Agreement and other Transaction Documents
XII. Indemnity
The Borrower shall indemnify the Lender against any cost, loss or liability incurred by the Lender as a result of:
- • 1) The occurrence of any Event of Default
- • 2) The information produced or confirmed by the Borrower being or being alleged to be misleading and/or deceptive in any respect;
- • 3) Any inquiry, investigation, subpoena (or similar order or litigation with respect to the Borrower) or with respect to the transactions contemplated or financed under this Credit Agreement, and other Transaction Documents;
- • 4) Funding, or making arrangements to fund the Loan in accordance with a drawdown notice submitted by the Borrower not being made;
XIII. Privacy of Information
The Lender shall observe privacy of personal information of Borrower obtained in relation to the loan application. Lender has implemented reasonable and appropriate organizational, physical and technical measures intended for the protection of Borrower's personal information against any accidental or unlawful destruction, alteration and disclosure, as well as against any other unlawful processing. The employees, agents or representatives of Lender who are involved in the processing of the personal information of the Borrower shall operate and hold personal information under strict confidentiality and this obligation shall continue even after termination of employment or contractual relations. Information of borrowers obtain by the lender via physical and technical measures from the borrower and device used by the borrowers that engaged in the technology service provided by the lender can be used by the lender and their employees for the maintenance of the legitimate rights and for the borrowers to perform their obligations for creditor/lender during the process of credit collection.
XIV. Disclosure of Information
1) The Borrower hereby expressly permits the Lender to transfer and disclose to
- • a) The government authorities;
- • b) Any party/person proposing or considering to tender any payment towards or purchase the indebtedness under the Loan;
- • c) Its auditors, lawyers or any other debt collection agents;
- • d) Credit reporting agencies;
- • e) Insurance companies, agents, contractors or third party service providers who are involved in the provision of products and services to or by the Lender and the holding company, head office, other branches, subsidiaries, related companies of the Lender;
- • f) For provision of or cross selling of products and services, any information relating to the Borrower’s affairs or account in respect of the Loan, this Credit Agreement, and at any time and to such extent as the Lender may at its absolute discretion deem expedient or necessary. The Borrower hereby agrees that the aforesaid information may be used, encrypted, transmitted and stored by the Lender and its holding company, head office, other branches, subsidiaries, related companies and/or may be exchanged to or with all such persons as the Lender considers necessary to the extent as permitted by Philippine laws. The aforesaid actions are without liability to the Borrower. The Borrower expressly consents to such actions and declares that no further consent from the Borrower is necessary or required in relation thereto.
XV. Set-off
The Lender at its discretion shall set-off or deduct any amount from any account of the Borrower held at the Lender against any obligation due from the Borrower under this Credit Agreement, and other related documents, regardless of the place of payment, booking branch or currency of either obligation. Any set-off of fixed deposit by the Lender shall be deemed as premature withdrawal by the Borrower. If the currency of obligation is different from the currencies of accounts, the Lender may convert the currencies of the account into the currency of the obligation by reference to the market rate of exchange in its usual course of business.
XIV. Review
- • 1) The Loan are subject to the Lender's review at any time and also subject to the Lender's overriding right of withdrawal and repayment on demand, which the Lender reserves the right to exercise at any time.
- • 2) The Lender shall have the right to review and revise the Terms and Conditions specified hereunder at any time at its sole discretion.
XVI. Notices
1) Notice to the Borrower
A notice given to the Borrower in connection with this Credit Agreement may be delivered by hand or sent by prepaid ordinary post or sent by email (electronic mail) or sent by facsimile to the facsimile number of the addressee or sent by message to the mobile number of the addressee which is specified in the Transaction Documents. A notice given to the Borrower shall be treated as having been given and received:
- • a) If delivered, on the day of delivery if a Business Day, otherwise on the next Business Day;
- • b) If sent by prepaid mail, on the second Business Day after posting;
- • c) If sent by email and no failure notice is received by the sender, one hour after the time of the sending of the email;
- • d) If transmitted by facsimile and a correct and complete transmission report is received, at the time of transmission recorded on that transmission report;
- • e) If sent by text message and no failure notice is received by the sender, at the time of sending.
2) Notice to the Lend
Notices, demands or other communications shall be addressed to the Lender at its office whereby the Borrower applies for the Loan or such other address the Lender may notify to the Borrower for this purpose, and may be delivered personally, by leaving it at such address, or email, or by mobile message and shall be deemed to have been delivered to the Lender on the day of actual receipt.
XVII. Certificates and Determinations
Any certification or determination by the Lender of a rate or amount under this Credit Agreement, and any Transaction Documents is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
XVIII. Assignment and Transfer
Not with standing any other provisions of this Credit Agreement and/or other Transaction Documents, the Lender may at any time:
- • 1) Assign or transfer its rights and obligations; or
- • 2) Create security in or over any or all of its rights or obligations under this Credit Agreement, and or other Transaction Documents to any person on provision of seven (7) Business Day written notice to the Borrower. The Borrower is not permitted to assign or transfer any of the Borrower’s rights or obligations under this Credit Agreement and/or other Transaction Documents without the prior written consent of the Lender.
XIX. Waiver
The delay or failure of the Lender to exercise of any of its rights in this Credit Agreement or any Transaction Documents shall not be construed or deemed as a waiver of the Lender to such rights.
XX. Governing Law
This Credit Agreement and other Transaction Documents are governed by the laws of Mexico. The competent courts of Mexican have jurisdiction to settle any dispute arising out of or in connection with this Credit Agreement (including a dispute regarding the existence, validity or termination of this Credit Agreement and other Transaction Documents).
XXI. Term of the Credit Agreement
Unless terminated by the Lender, this Credit Agreement shall take effect from the date of signing until such time as the provisions specified hereunder are needed to remain in force and effect between the parties. Subject to this Credit Agreement not having been terminated, at the end of the Initial Term, this Credit Agreement shall be renewed on the same terms for another period of time (“Renewal Term”) unless the Lender informs the Borrower of its intention not to renew by way of written notice at least one month prior to the end of the Initial Term or the Renewal Term (as the case may be).
TECH AB INC.