Terms & Conditions

Effective Date: 03/05/2025

Application: These general terms and conditions apply to all offers, credit proposals, credit agreements, and services provided by Capital Grow BV, regardless of any conflicting provisions from the client.

Capital Grow BV, with its registered office at [full address], registered under company number [company number], provides financing to self-employed individuals, entrepreneurs, and legal entities. The client expressly confirms that they are acting within the scope of their professional activity and that these terms and conditions fully apply to the business relationship with Capital Grow.

 

Contractual Acceptance and Formation

A credit agreement is only concluded after written approval of the credit application by Capital Grow. The client expressly acknowledges that Capital Grow has the right to refuse a credit application without providing a reason. An accepted credit agreement becomes binding upon signature by both parties. The borrower declares that they have taken note of all provisions, including the interest rate, repayment conditions, and securities, and fully accept them.

 

Interest Rates, Fees, and Charges

Unless explicitly stated otherwise in the credit agreement, the interest rate is fixed and calculated annually, payable monthly. In addition to interest, administrative fees, file costs, review fees, or other charges may apply as explicitly mentioned in the agreement. All amounts are stated exclusive of VAT unless otherwise specified.

The client acknowledges that the interest rate, cost structure, and repayment scheme are proportionate to the risk, duration, and type of financing. In the event of early termination of the agreement by the client, Capital Grow reserves the right to claim compensation equivalent to the lost interest over the remaining term, with a minimum of 10% of the outstanding balance.

 

Repayment and Default

The client is obligated to strictly adhere to the agreed payment terms. Any delay in payment will automatically and without prior notice result in default interest of [x]% per month on the outstanding balance, plus a lump-sum penalty of [x]% with a minimum of €250.

In the case of repeated defaults, Capital Grow has the right to declare the full outstanding balance immediately due and payable and to suspend or terminate all credit lines.

 

Securities and Guarantees

Capital Grow may require securities for granting credit, such as a personal guarantee, business collateral, a pledge on movable or immovable property, or a mortgage. If the value of the security decreases, Capital Grow may demand additional guarantees or revise the financing.

Failure to provide or the lapse of an agreed security shall be considered a contractual breach, resulting in immediate enforceability of the loan amount.

 

Liability

Capital Grow is only liable for damages resulting from intentional misconduct or fraud. For all other forms of liability, including indirect damage, loss of profit, or consequential damage, Capital Grow is excluded from any obligation to compensate. The client acknowledges the risks associated with lending and bears full responsibility for the use of the funds received.

 

Applicable Law and Competent Court

All agreements and disputes with Capital Grow are governed by Belgian law. In case of a dispute, only the courts of the judicial district of [insert, e.g., Antwerp] are competent. Capital Grow reserves the right to initiate proceedings before the court of the client’s registered office.

 

Legal Provisions of Capital Grow

The following provisions are an integral part of every credit agreement or commercial relationship with Capital Grow BV and apply regardless of the form of communication or how the contract is concluded.

 

Identification and Duty to Cooperate

The client acknowledges that Capital Grow is subject to legislation concerning the prevention of money laundering and the financing of terrorism, and is therefore required to identify the client and the ultimate beneficiary(ies). Capital Grow reserves the right to refuse a credit application or terminate an existing agreement in the absence of sufficient information.

The client undertakes to provide all requested information in a timely, complete, and truthful manner. Failure to do so entitles Capital Grow to suspend or terminate the credit unilaterally and without prior notice.

 

Fraud Prevention and Sanctions

Any attempt at fraud, deception, or forgery of documents, as well as the deliberate withholding of relevant information, will be considered a serious contractual breach and may result in immediate termination of the agreement, full enforceability of all amounts, and legal prosecution. Capital Grow will report such conduct to the competent authorities.

 

Electronic Communication

The client agrees that all communications, notifications, and contractual documents may be sent electronically via email or a secure digital platform, with the same legal validity as paper documents.

 

Transferability of Rights

Capital Grow reserves the right to transfer its rights or claims arising from the credit agreement, in whole or in part, to third parties (e.g., investors, lenders, or securitization vehicles) without the client’s consent but with notification.

The client, on the other hand, may not transfer their rights or obligations without Capital Grow’s prior written consent.

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