Please read this Referral Agency and Packaging Agency Agreement (the “Agreement”) carefully. In clicking “Submit”, signing this Agreement or starting this application you acknowledge that you have read, understood and agree to be bound by each and every provision set forth herein. If there is any term, condition, or provision of this Agreement that you do not understand, you may seek independent legal counsel to assist you.
This Loan Consultation Agreement (“Agreement”) is made by and between SBG Business Services (“SBG Business Services,” "SBG") with address 1718 Marguerite Ave. Corona Del Mar, California 92625 and you (“You”). In this consent: “We,” “us,” “our” and “SBG Business Services” means SBG Business Services, and each and every current and future affiliates of SBG Business Services (including SBA lenders we introduce you to). “You”, “Your”, “Client”, “Company” and “Applicant” refers to the person giving this consent, and each additional account owner, co-signer, authorized signer, authorized representative, and/or service user identified on any SBG Business Services service that you apply for, use or access.
Applicant is a business seeking loan financing assistance under Section 7(a) of the Small Business Act, (“7a Loan Program”) and Section 504 of the Small Business Investment Act of 1958 (“504 Loan Program”) SBG Business Services is willing to assist with the loan application services necessary to apply for a 7(a) Loan or SBA 504 loan.
Referral to Lenders
By clicking the “Submit” button, you specifically agree to receive and/or obtain any and all SBG Business Services’ related “Electronic Communications” as defined herein via www.sbgbusinessservices.com. This includes electronic communications related to your account from SBG Business Services third party servicers, partners or affiliates. SBG Business Services will assist the Applicant in loan application, business plan and financial projection preparation to help streamline the application process and organizes information in a way that increases the chances of successful loan funding. SBG Business Services will check the application for errors and inaccuracies. SBG Business Services will take Applicant’s information and circulate the information to multiple qualified lenders. SBG Business Services to conduct an analysis of the Company’s financial goals, challenges, opportunities as well as the Applicant’s credit and risk profile. SBG Business Services will research, identify and introduce the Applicant to SBA lenders that are a good fit for the Applicant’s industry, revenue, size, credit and financial profile.
For SBA 7(a) loans, if the applicant’s loan is approved, the Applicant agrees to pay SBG Business Services a referral fee equal to two percent (2%) of the funded loan amount. For real estate loans, if the applicant’s loan is approved, the Applicant agrees to pay SBG Business Services a referral fee equal to one percent (2%) of the funded loan amount.
Non-Circumvent and Non-Solicitation
Applicant agrees that at any time prior to the expiration of three years the applicant or any group company or associated entity or individual affiliated to the applicant shall not directly or indirectly initiate, solicit, negotiate, contract or enter into any business transactions, agreements or undertakings with any lending partner introduced by SBG Business Services. SBG Business Services will be automatically paid the referral fee equal to two percent (2%) of any transactions the applicant undertake with disclosed parties.
Packaging of Loan Application
If applicant meets the pre-qualification criteria for our partner lender, Applicant agrees to retain the services of the SBG Business Services to prepare Applicant’s loan package in a manner that streamlines the process and organizes Applicant’s information in a way that a lender can more accurately and quickly underwrite it.
SBG Business Services reserves the right to choose one of its lending partners and/or banks as the Packaging Agent or designate itself as the Packaging Agent.
For all business loans, if Applicant’s loan application is moved to the packaging stage, the Applicant agrees to pay SBG Business Services a packaging fee depending on the size of loan at the signing of the Consulting Agreement. Fees vary from $2,500 to $5,000, but shall not exceed $5,000 unless otherwise agreed upon. All Packaging Fees paid to SBG Business Services are non-refundable regardless of application approval.
We may use third party service providers to assist in providing packaging and referral services with or without notice to the applicant (each, a “Third Party Service Provider”). We may also change Third Party Service Providers or may provide a packaging and/or referral service without the assistance of such third party. The applicant consents and authorizes us to delegate the authorizations the applicant provide to us to our Third Party Service Provider(s) as we deem necessary or desirable to provide the applicable loan consulting and/or referral service to the applicant.
Applicant agrees that SBG Business Services may make credit inquires and receive confidential business, personal, financial, and credit information about Applicant and the principal shareholders, officers, directors and key employees of Applicant, that the SBG Business Services deems necessary in connection with its provision of referral and packaging services to Applicant. Applicant herein authorizes any person, financial institutions, and/or credit reporting agency to comply and furnish such information.
Applicant will indemnify and hold SBG Business Services and its officers, directors, employees, agents, and attorneys harmless from any and all loss, damage or injury (including attorneys’ fees incurred with attorneys of our choice) resulting from failure by Applicant to receive a Business Loan or a Business Loan guaranty authorization by the SBA and/or any loss, damage or liability to Applicant or the business of Applicant. We shall not be liable for any of the debts, expenses or obligation incurred by Applicant or on its behalf in preparing the Business Loan Application Package and/or introducing Applicant to potential lenders. Further, Applicant hereby agrees to indemnify SBG Business Services and hold SBG Business Services harmless from any loss, liability, claim, demand, cost, charge or damage arising out of or related to this Agreement and defend SBG Business Services against any demand, claim or charge made against SBG Business Services arising out of or related to this Agreement, including, without limitation, any attorney’s fees incurred by SBG Business Services in defending any such action.
No Warranties or Guarantees
Applicant understands and acknowledges that the SBG Business Services cannot and does not make representations or warranties as to the likelihood of Applicant obtaining a loan. Applicant acknowledges and agrees that the SBG Business Services and its agents and representatives have made no representations, promises or warranties to Applicant and that Applicant has not relied on any representation, promise or warranty of the SBG Business Services and its agents and/or representatives regarding approval for and/or obtaining a loan. The SBG Business Services makes no representation as to the length of time to:
Limitations of Liability
Applicant understands and acknowledges that to the fullest extent permitted by law, SBG Business Services shall not be liable to Applicant for any special, indirect or consequential damages whatsoever, whether caused by SBG Business Services negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including without limitations to, business interruptions, and loss of profits or revenue. Applicant’s sole remedy would be to request a cancellation of the loan application and deletion of the Applicant’s personal and/or business information. If any of these limitations are found invalid, damages from negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the total amount of paid by the applicant.
Collection and Use of Personal Information
Applicant understands and acknowledges that SBG Business Services Privacy Policy (accessible at http://www.sbgbusinessservices.com/sbg-privacy-policy) is incorporated into this Agreement.
You acknowledge that we may disclose and transfer any information that you provide through this Site to
If you do not understand any aspect of this Agreement or its terms and conditions, you are advised to consult with your own legal counsel for advice. By accepting this agreement, Applicant acknowledges understanding the Agreement and acknowledges being fully aware of its legal effect. Applicant is choosing to enter this agreement freely based on their own judgment.
Waiver and Severability
Failure by SBG Business Services to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
This Agreement sets forth the entire agreement between the parties hereto regarding packaging services and referral services and fully supersedes all prior oral and/or written agreements, understandings, commitments, and practices between the parties pertaining to the subject matter hereof. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. This Agreement is intended to be read in conjunction other agreements between the parties, including Terms of Service, Privacy Policy, and Consent to Electronic Communications and Electronic Signatures.
SBG Business Services is committed to providing the highest level of security and privacy regarding the collection and use of our online customers’ personal information, as well as that of all visitors to our web site. Personal information may be collected through the submission of loan applications or through the use of online financial tools such as interactive calculators. A detailed description of SBG Business Services’ Online Banking Privacy Policy is provided below. If you have additional questions regarding the privacy of your personal information, contact us.
Respect of Right to Privacy
SBG Business Services respects your right to privacy and takes every precaution to provide you with the same level of privacy within our virtual branch that you receive through more traditional bank delivery channels.
Collection and Use of Personal Information
The collection of personal information online is designed to protect access to your personal accounts and to assist the bank in providing you with the products and services you want and need. All personal information collected and stored by the bank is used for specific business purposes-to protect and administer your personal accounts and transactions, to comply with state and federal banking regulations, and to help the bank better understand your financial needs in order to design or improve our products and services.
Maintenance of Accurate Information
It is in the best interest of both you and the bank to maintain accurate records concerning your personal information. For this reason, SBG Business Services allows you to update your personal information online, at anytime, through the submission of encrypted email requests sent to the bank’s secure administration site. Notifications are immediately sent to approved bank personnel alerting them to the receipt of your request. This procedure allows SBG Business Services to update your personal information within a timely manner.
Disclosure of Privacy Policies
SBG Business Services is committed to ensuring the privacy of its customers’ personal information Click Here to learn more. For more information regarding the SBG Business Services’ Privacy Policy, contact us info@sbgbusinessservices.com.
Limited Employee Access to Personal Information
SBG Business Services limits employee access to your personal information to only those bank administrators with a business reason for knowing such information. SBG Business Services also educates all employees about the importance of confidentiality and customer privacy. In addition, individual user names and passwords are used by approved bank personnel to access your personal information online, providing audit trails to further safeguard the privacy of your personal information.
Third-Party Disclosure Restrictions
SBG Business Services follows strict privacy procedures in regard to protecting you personal information. In addition, the bank requires all third parties with a business need to access this information to adhere to similar and equally stringent privacy policies. Personal information may be supplied to a third party in order to process a customer transaction; if the customer requests it; the disclosure is required or allowed by law (i.e. exchange of information with reputable reporting agencies, subpoena, or the investigation of fraudulent activity, etc.); or for marketing purposes of which the customer has been previously informed and has been given the opportunity to decline.