User Agreement

  1. Klear Lending AD, UIC: 203914736, registered seat and business address: 1784 Sofia, Bulgaria, 115 M Tsarigradsko Shose Blvd., European Trade Center, Building D, 1st Floor, is providing its services only through the website www.klearlending.com.
  2. User access to the site means that the users have the necessary knowledge, skills and equipment to access it.
  3. Klear Lending AD will not bear responsibility for any kind of damages of the User’s technical equipment (hardware, software, etc.) during or related to access of the site.
  4. The unauthorized access and stay in computers system hosting this site, the disruption (including attempts), unauthorized modification attempts of the information published on the site is a crime and is punishable per the Bulgarian Criminal Code.
  5. To use any of the services provided, a User (natural person/entity) needs to register and create a user profile (also called user account) with the website.
  6. Upon registration the User will provide all the required information marked as mandatory in the registration form, will provide the required documents and follow the registration steps as they are marked/described in the website.
  7. The information provided by the User is subject to further checks by Klear Lending AD. Any provision of information bears the necessary/required consent and authorization to be checked with all available tools/sources through or by third parties.
  8. If necessary, the User shall provide additional information and assistance to Klear Lending AD to check the information.
  9. User Account may be used after it is confirmed and authorized by Klear Lending AD, for which the User will be notified.
  10. After the account is authorized the User will be able to select the services to use. The choice of services and usage continuity depends fully on the User.
  11. The User will be assigned a reference number by www.klearlending.com for identification purposes.
  12. Any credit application submitted by the User is subject to study and approval by Klear Lending AD. No prior approval of credit application is granted by authorization of the account/prior usage of the services provided by Klear Lending AD unless explicitly described otherwise in this agreement.
  13. All credits will be granted by Klear Lending AD, UIC: 203914736.
  14. Right(s) will be assigned by Klear Lending AD, UIC: 203914736, whenever the case may be of assignment of rights.
  15. All services provided by Klear Lending AD are offered and executed as they are at the time of the provision of services.
Services
  1. Klear Lending AD provides three general sets of services:
    1. Granting of consumer credit to natural persons as a Creditor : “Credit services“;
    2. Opportunity for natural persons/entities to acquire parts up to 100% of the right(s) to receive payments of consumer credit (s) granted by Klear Lending AD: “Investor’s services”;
    3. Free services that constitute but are not limited to advice for personal budget, calculators, budget track instruments.
  2. For each credit granted a Consumer Credit Agreement is concluded.
  3. Each User who decides to utilize Investor’s Services will enter in a Framework Assignment Agreement which will be concluded prior to the first transaction.
Payments (not applicable for Free Services)
  1. Incoming and outgoing payments will be registered on the User’s account.
  2. All payments will be executed through bank transfer or other payment services. There will be no cash transactions.
  3. For users of Credit services, incoming payments will be done via bank transfer to Klear Lending AD’s bank account or via payment service advised by Klear Lending AD. Incoming payments received prior to the due date of the next credit installment will be matched to the credit at the due date.
  4. For users of Credit services, if there is more than one credit and the funds are insufficient to cover all due payments, the funds will be distributed first to the credit with the highest delay, then to the following credit with the second highest delay, then, if any, to the following ones up to the available funds.
  5. Investor’s services Users will transfer money to their User Account’s only through the bank account under their name they provided upon registration or payment service advised by Klear Lending AD with their identification number. If the money originates from a different bank account, this transfer will be returned net of applicable banking fees.
  6. If the User of the Investor’s services has overdue credits with www.klearlending.com, all proceeds from the Investor’s services will be transferred immediately to cover the overdue credits.
  7. Money transfer registered at the User Account will be used for repayment of granted credits, acquisition of rights per the functionalities provided or outgoing transfer per User’s request in case of User profile positive balance.
  8. Outgoing payments will be possible if there is a positive balance on the User Account. One outgoing payment per calendar month to the User’s registered bank account is for free in case the Bank account is in a Bulgarian bank. The charges for other outgoing transfers are according to the current tariff from Klear Lending AD's servicing bank and are borne by the User.
  9. Klear Lending AD operates all services and transactions in BGN. Payments to a foreign bank account will be treated according to the respective buy/sell rate of the Klear Lending AD’s servicing bank. SHA method of payment will be applied with fees according to the current tariff from Klear Lending AD’s servicing bank.
  10. In all cases, fees due to Klear Lending AD and applicable banking fees will be paid by deduction of the amount due from the User Account balance/outgoing transfer.
Users
  1. Users of the Credit services may be only natural persons of legal age (at least 18 years old) with citizenship or legal residence in Bulgaria.
  2. Users of the Investor’s Services may be natural persons of legal age (at least 18 years old) with citizenship in the European Union/European Economic Area or legal entities incorporated, registered and duly existing in the European Union/European Economic Area, with a registered bank account in a European Union/ European Economic Area bank.
  3. Users of the Free services may be only natural persons of legal age (at least 18 years old).
  4. Registration of User Аccount means full acceptance of the conditions of this User Agreement.
  5. The User Account belongs to the registered User. All actions done through the User Account functionalities will effect on behalf and for the User.
  6. Entities should ensure the person(s) accessing their accounts are properly authorized with respect to the applicable legislation and their internal rules.
  7. All User name(s), password(s), one-time password(s), identification code(s)/number(s) will be used only by the User and will not be distributed to any third party.
  8. The User will bear all the liability if an account is compromised due to third party access to data per. 35 due to actions/inactions of the User.
Digital Signature
  1. All documents will be signed electronically trough one-time password provided by SMS to the User. The password will be randomly generated. Upon entry of the password in the relevant field in the www.klearlending.com account, the document will be signed. By accepting this User Agreement, the User agrees that signatures executed through this procedure will have the legal force of handwritten signature on the grounds of art. 13 (2) and 13 (4) of the Electronic Documents and Electronic Signature Act of Republic of Bulgaria.
Markets
  1. The User will be able to use the Investor’s Services only through the functionalities of www.klearlending.com.
  2. Through these (under p. 35) functionalities the User will be able to acquire rights as described in p.14, 16 (b) and 18 of this Agreement.
  3. The functionalities per. 38 will be grouped in two sections:
    • “Primary market” – allowing the initial acquisition of the full or the relevant part of the right to receive the payments of the principle and interest due per newly granted by Klear Lending AD consumer credit agreement (s);
    • “Secondary market” - allowing the acquisition and sale of the full or the relevant part of the right to receive the payments of the principle and interest due per granted by Klear Lending AD consumer credit agreement (s).
  4. The User will be able to sell the right(s) acquired per p. 39 only through the www.klearlending.com Secondary Market. The user (the Seller) will decide the price he is willing to receive and publish his sale offer on the Secondary Market. Any other user (the Buyer) will be able to confirm on the Secondary Market his agreement to buy the rights, or part of the rights, at the listed price. After checking that there is enough fund on the account of the Buyer, Klear Lending AD will reacquire the rights, or the parts of the rights, of the Seller at the listed price. Following this, Klear Lending AD will assign these reacquired rights, or part of the rights, to the Buyer at the same listed price.
  5. Any market transaction will be executed if there are sufficient funds registered with the User Account. Concentration in single credit shall not exceed 2% of the following amount: sum of the available funds registered at the User Account and the outstanding of the investments done so far by the User.
  6. Minimal investment in a credit on the Primary Market on www.klearlending.com shall be 2.00 BGN. No minimum is set for the Secondary Market.
  7. Klear Lending AD:
    • has the legal and professional capacity to enter into this Agreement;
    • will act with due diligence to perform its obligations under this Agreement;
    • has not been, is not and will not be involved in money laundering and/or terrorism financing operations.
  8. The User:
    • is not citizen of or legal resident obliged to file tax return in the United States of America;
    • does not require and has not received any investment advice by Klear Lending AD;
    • has the legal and professional capacity to enter into this Agreement;
    • understands that Klear Lending AD does not, cannot and will not guarantee any return;
    • has not been, is not and will not be involved in money laundering and/or terrorism financing operations;
    • will bear all costs arising for the performance of this Agreement.
Confidentiality & Personal Data
  1. Klear Lending AD is registered as personal data administrator.
  2. The information provided upon user account registration (including if it contains personal data) is protected with technical and organizational measures required per the Personal Data Protection Act.
  3. Аll the contents of the transactions and the data provided in the User Account is confidential. As such the information is not to be disclosed by a Party without the written consent of the other Party. However, this is not applied in the event of disclosure to competent state authority in the course of its duty or audit.
  4. All personal data provided for/during the usage of this Agreement is confidential, and the User provides consent for its processing by Klear Lending AD.
  5. Personal data provided will be used only in relation with Klear Lending AD business activities and provided to third parties – subcontractors/partners only in the necessary extent for Klear Lending AD’s activities and upon compliance with the necessary security measures.
  6. The User agrees to receive communication from Klear Lending AD for the functioning/usage/development of www.klearlending.com.
Others
  1. Klear Lending AD will provide to users of the Investor’s services a statement with the current status of the portfolio as well as history of transactions.
  2. Klear Lending AD will provide forecasts for the performance of the portfolio. These forecasts are in no way binding for Klear Lending AD and will be used only as information.
  3. Any information available on www.klearlending.com does not constitute proposal, offer, advice, advertisement, call for action, etc. unless it is clearly marked as such. The User will select and use the services provided by Klear Lending AD upon its free discretion and decision and to the extend decided by the User.
  4. User Account may be suspended upon User’s request, or if Klear Lending AD has reasonable suspicion of the misuse of the account, or if Klear Lending AD receives information from state authority that the funds / User account is tied to illicit activity.
  5. Each Users’ action (inaction) based on whatever part of information published on the site is completely for users’ account. Klear Lending AD does not and will not bear whatever responsibility for any consequences due to action (inaction) per the previous sentence.
  6. Klear Lending AD will put its all goodfaith efforts to publish quality information. Each publication is subject to change without prior notice upon decision of Klear Lending AD.
  7. Any part of the site/information published cannot be copied, modified, distributed whatever the means/media without the explicit written consent of Klear Lending AD.
  8. If the User Аccount is suspended it may be either reactivated upon Klear Lending AD’s procedure or terminated.
  9. User Account may be terminated upon User’s request. In this case the User will have to close all outstanding credits and sell the rights acquired. In the event the account is suspended due to illicit activity the portfolio will be liquidated as it is. Funds will be distributed after permission from the competent state authority.
  10. This User Agreement may be amended by Klear Lending AD with a 30 days prior notice to the Users. A User may terminate the User Account if the new conditions are not suitable for the User.
  11. Klear Lending AD has the possibility, upon its discretion, to update/develop/amend the services provided and www.klearlending.com at any time and as a constant process.
  12. Applicable is the Bulgarian law. Disputes will be resolved through negotiations, and if no agreement, by the competent Bulgarian court. If a part of this Аgreement is ruled null/void/inapplicable by an act or competent state authority, the remaining part will keep is validity.
  13. The Privacy policy and The Cookies policy are integral part of this User agreement.
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