BETWEEN THE UNDERSIGNED :
Hereinafter known as « Lender »
Of the first part
Represented by :
Hereinafter known as « Borrower »
Of the second part
The microfinance institution (MFI) is an organization the activity of which is granting microcredits to the poorest populations. The MFI exercises its activity in
The object of this loan agreement is to enable the micro-entrepreneur as defined in article 2 of this loan agreement, who exercises his activity in the Country to be granted a microcredit in order to allow his social and economic development.
The direct communication between the Lender and the micro-entrepreneur being technically and geographically impossible, the Lender wants to loan an amount of money to the Borrower and the Borrower is committed to allocate this amount to the micro-entrepreneur as defined in Article 2 of this loan agreement .
The Lender is willing to participate in the development of microcredit in developing countries and his goal is above all philanthropic and social.
IT HAS BEEN DECIDED AND AGREED THAT:
Article 1 – Amount and term of the loan
According to the clauses and conditions defined below, the Lender grants to the Borrower a loan of 0 euros for a term of months.
This loan agreement will definitely come into force from the latest of these following dates:
- The day when the free examination period of the Lender expires
- The day when the total amount necessary to refinancing of will have been lent, if the amount of this loan does not cover alone the amount needed to be refinanced for the Beneficiary, plus the free examination periods.
- The expiry date of the time the Beneficiary project can stay online, fixed to 3 (three) months from the day it was posted online.
ARTICLE 2 – Object of the loan
This loan will be used, as certified by the Borrower, to refinance:
For the project:
To the exclusion of any other use.
There is an express agreement between the Parties that the allocation of the funds lent for refinancing is an essential and decisive condition, without which the Lender wound not have lent.
ARTICLE 3 – Access to the loan
The amount of the loan will be transferred by bank wire transfer to the Borrower, the MFI via the Babyloan website on an account opened by the company ABC Microfinance. This transfer will take place in one time, once the amount necessary to the refinancing of the Beneficiary will have been totally collected online, or after the expiry date of the time the Beneficiary project can stay online.
Article 4 – Repayment terms
The loan will be progressively reimbursed by the Borrowers in Euros on a bank account opened to that effect by the company ABC Microfinance in monthly installments the amounts of which will be calculated by dividing the amount of the loan granted by the Lender with the number of months of the maturity of the project supported, as stated on the project page of the Beneficiary. These monthly amounts will be rounded up and adjusted to correspond to the amount lent at term of the Loan Agreement.
By derogation of the foregoing, in case of act of God such as:
- Natural catastrophe ;
- Armed conflict (in particular civil war, coup d’etat…)
- Freeze of financial flows between France and the Country
That makes impossible, for the Borrower, to reimburse the Loan, the term of this contract will be automatically extended to the length judged necessary by ABC Microfinance and the Borrower to allow the restoration of a regular situation.
In case of irregularity or incident, ABC reserves the right to reimburse the payments collected by the Borrower on the piggybank of the Lender in one or several times, potentially causing a modification of the schedule of repayments, as well as the loss of a part of the whole of the amount of your loan.
ARTICLE 5 – Prepayment and accelerated maturity
- The Beneficiary reimburse by anticipation the loan granted by the Borrower, the MFI
- The Borrower lose the administrative authorizations necessary to exercise its activity
- The Borrower not allocate the money lent in compliance with this Loan Agreement to refinance the Beneficiary
- The Borrower default in his obligations as defined by this loan agreement;
The sums lent in compliance with this loan Agreement will be immediately and by operation of law repayable to the Lender without waiting for the term defined in Article 4.
ARTICLE 6 – Financial terms
It is an express agreement between the Parties that the loan will not make any interest for the profit of the Lender.
The Borrower, within the framework of the refinancing of the Beneficiary, is allowed to charge interests to the Beneficiary in order to cover its operating costs, the guarantee to reimburse the Lender, the foreign exchange risks…
ARTICLE 7 - Guarantees
The loans is contracted between the Lender and the Borrower, and in no way can the Borrower give as a pretext the loan default of the Beneficiary to avoid his obligation to reimburse the Loan object of this loan contract.
ARTICLE 8 - Statement of the Lender
The Lender represents and warrants:
- If the Lender is a natural person of full age or, within the framework of a Gift Passport that he would have received, he was allowed by his parents or legal guardians;
- He has the legal capacity to contract this loan agreement;
- He has the freedom to dispose of the funds lent according to the terms of this loan agreement and that the conclusion of this document does not require any authorization he has not already been given;
- He acknowledges and fully adheres to the general Terms and Conditions of Use of the Website Babyloan
- He is perfectly informed of the risk factors, as stated in the documents abovementioned;
- He is informed of the political and economic risks inherent in the Country.
ARTICLE 9 – Statement of the Borrower
The borrower represents and warrants that:
9.1 Legal Capacity
He is a regularly constituted Company under the law of the Country, he has the capacity to exercise his activities and to contract, sign and execute the whole of his obligations he has contracted under this agreement;
9.2 Judicial compliance
No legal proceedings, action or administrative procedure is pending or could be, as he is aware of, be instituted against himself, to prevent or forbid him to sign and complete this loan agreement or that could have a significantly unfavorable effect on his activity, his assets or his financial situation;
He is not insolvent, under guardianship and he is free to dispose of the propoerty he owns without restriction or reservation;
The signature and completion of this contract have been regularly authorized by the social authorities and do not require specific authorization from any authority that has not been forehand obtained;
9.5. Statutory Compliance
The signature of this contract and the completion of his obligations resulting from it do not contravene neither to his status nor to any commitment he could be bound to, nor violate in any way the laws and regulations that govern him.
The beneficiary is one of his clients and has carried out all necessary verifications about his project and his situation.
ARTICLE 10 – Commitments of the Borrower
The Borrower agrees for the whole term of this contract, and as long as he will be likely to be debtor of any sum to the Lender in compliance with his contract,
To strictly comply with all regulation governing his activities;
To allocate the sums lent in compliance with this loan Agreement to the refinancing of the Beneficiary
10.3. Contrat with the Beneficiary
To this regard, to contract or having contracted with the Beneficiary a Loan Agreement similar in term and amount to this Loan Agreement and reminding the Beneficiary he is obliged to use the money lent to finance the project referred to in Article 2 to the exclusion of any other use.
ARTICLE 11 – Taxes, rights and fees
The Borrower will discharge any taxes, rights and fees in accordance with the Loan operation object of this Agreement, and will manage the foreign exchange risk for the conversion operations.
ARTICLE 12 – Allocation of payments
Every payment received by the Borrower as reimbursement of the agreement contracted or to contract with the Beneficiary will be firstly allocated to the principal still owed by the Beneficiary to the Borrower/ by the Borrower to the Lender.
ARTICLE 13 – Intransferability of the agreement
Neither this Loan Agreement nor the rights and obligations resulting from it can be transferred in any way to anyone by the Borrower or the Lender.
ARTICLE 14 – Exercises of rights
The fact for the Lender not to exercise a right or recourse of which he disposes against the Borrower in compliance with this Loan Agreement, or delay in exercising it shall not be considered a waiver of said right or recourse and will not lead to any novation of the terms and conditions of this Loan Agreement.
ARTICLE 15 – Language of Agreement – Governing Law
It is an expression agreement between the Parties that this Loan Agreement is subjected to and falls under French law.
The English translation is made for reference only. Therfore we encourage you to consult the french version of this loan contract before accepting it.
In case of dispute, only the French text will be recognized.
ARTICLE 16 – Disputes
Any dispute to which this Loan Agreement could give rise about its validity, its interpretation, its completion, its cancellation, their consequences and subsequent related issues will be submitted to the French tribunals having jurisdiction.
ARTICLE 17 – Elected Domicile
For the needs of this Loan Agreement, the Parties elect domicile in their respective head office aforementioned at the beginning of this Loan Agreement.