Online Fixed-Fee Project Terms

These Online Fixed-Fee Project Terms apply to the selected online project, together with the order summary and MEMA's General Terms. If there is a conflict, the order confirmation and these project terms take priority for the relevant online project.

By placing an order, you confirm that the purchase is for business purposes, that you are authorised to instruct MEMA on behalf of the named firm and that the information supplied during the online journey is accurate to the best of your knowledge.

Any eligibility questionnaire, automated result, indicative permission route or other information displayed before engagement is an initial routing assessment only. It is not the final regulatory determination and should not be relied upon as confirmation that a particular activity is regulated or unregulated, that a particular FCA permission is required, that the firm qualifies for limited permission, or that the FCA will approve an application.

MEMA may reach a different conclusion once the business model, contractual arrangements, customer journey, provider relationships or other relevant facts are reviewed as part of the paid project.

The fixed-fee Regulatory Perimeter Review covers one UK firm and one defined business model described by the client at the point of engagement.

The review includes consideration of the relevant activities and arrangements and a written regulatory perimeter assessment setting out MEMA's view of the likely regulatory treatment, relevant permissions or exclusions and recommended next steps, based on the information supplied and the regulatory position reasonably understood at the date of the assessment.

A conclusion that the firm requires a different permission, should alter its proposed business model, can operate outside the regulatory perimeter, or should obtain specialist legal advice is a substantive outcome of the review and does not mean that the service has not been delivered.

Unless expressly agreed otherwise, the review does not include an FCA application, a formal legal opinion, tax or accounting advice, implementation work, drafting customer contracts, ongoing compliance support or assessment of a materially different business model.

The fixed-fee authorisation project is available only where MEMA confirms that the proposed business model is suitable for the standard online limited-permission credit-broking route.

Subject to that confirmation, the project includes the stages and deliverables shown in the guided checkout and order summary, including:

• confirmation of the proposed permission route;
• preparation of the regulatory business plan and agreed supporting evidence;
• preparation and review of relevant application information;
• support with submission of the application following the firm's approval; and
• support with ordinary FCA questions that relate directly to the submitted application and fall within the agreed scope during the Support Period.

For these terms, the “Support Period” ends on the earlier of: (a) 12 months after the application is submitted to the FCA; or (b) the FCA issues its final decision on the application, the application is withdrawn, or the applicant instructs MEMA to cease work. Support outside that period requires a separate agreement.

The project does not automatically include additional permissions, materially different business models, new legal entities, specialist legal opinions, extensive remediation, business restructuring, regulatory investigations, appeals, resubmissions following refusal or withdrawal, or ongoing compliance services.

The online authorisation price assumes that the information provided describes a business model falling within the standard route offered through the module.

MEMA may pause the project if further information indicates that different or additional permissions may be required, the business model is materially more complex than described, another regulated activity may be involved, the firm does not currently meet relevant threshold or readiness requirements, or specialist legal or other professional advice is required.

MEMA will explain the issue before undertaking additional chargeable work. Any revised scope or additional fee must be agreed before that additional work begins.

The firm remains responsible for its business, its regulatory application and the accuracy of information submitted in its name. You must:

• provide complete and accurate information and promptly tell MEMA if relevant facts change;
• provide requested contracts, product and provider terms, financial information, customer journeys and supporting evidence;
• ensure that relevant directors, controllers and accountable individuals are available where necessary;
• review draft documents and application answers carefully before approval;
• approve information before it is submitted to the FCA; and
• respond within reasonable project deadlines and provide decisions or evidence needed to progress the work.

MEMA is entitled to rely on information provided by you or on your behalf unless there is an obvious reason to question it. MEMA may decline to include or submit information that it reasonably considers inaccurate, incomplete, inconsistent or potentially misleading.

MEMA assists the firm with preparing the application. The applicant firm remains responsible for the accuracy and completeness of the application and for declarations made to the FCA.

Where appropriate, MEMA may liaise with the FCA or assist with FCA Connect processes on the firm's authority. This does not transfer regulatory responsibility from the applicant, its directors, controllers or senior management to MEMA.

The FCA controls whether an application is treated as complete, what further information it requests, its assessment process, its timetable, whether permission is granted and any conditions, limitations or requirements imposed. MEMA cannot guarantee authorisation, a particular permission, an FCA decision date or any particular regulatory outcome.

The price shown immediately before payment is the MEMA fee for the selected fixed-scope project.

Payment is taken once before work starts. There is no automatic renewal or monthly retainer under these online offers. Any VAT legally payable will be shown before payment.

Unless expressly stated otherwise, the MEMA fee does not include FCA application or regulatory fees, Companies House or verification charges, DBS checks, specialist legal, tax or accountancy advice, third-party software or provider charges, or other external costs incurred by the firm.

Submitting payment is an offer to purchase the selected service. MEMA will confirm acceptance electronically after payment and any required initial eligibility validation.

The project begins once payment has been verified, MEMA has accepted the engagement, the project workspace has been created and MEMA has received the information reasonably required to start work.

If MEMA cannot accept an online authorisation engagement following its initial eligibility validation, MEMA will notify you and refund the authorisation fee unless you agree another scope. For a Regulatory Perimeter Review, reaching a conclusion that authorisation is unnecessary or that another regulatory route is required is part of the paid service and does not itself create a right to a refund.

You may ask to cancel a project at any time by contacting MEMA. Where work has already started, MEMA may retain the proportion of the fee reasonably attributable to work already undertaken and any non-recoverable external costs. Any remaining unearned portion will be refunded.

Where a material change or previously undisclosed fact means the agreed project can no longer reasonably proceed, MEMA will explain the position and, where appropriate, offer a revised scope, credit towards an alternative MEMA engagement, or a refund of the part of the original fee relating to work not yet performed.

If the firm does not provide information or respond to project requests, MEMA may pause the project. If there has been no meaningful response for 60 days after written reminders, MEMA may close the project. Any later restart may require a new timetable and, where material additional work is required, a further agreed fee.

Nothing in these terms limits any right that cannot lawfully be excluded.

Any delivery date or FCA timetable given by MEMA is an estimate unless MEMA expressly agrees otherwise in writing. Timescales may be affected by delays in receiving information from the firm, changes to the business model, third-party evidence, FCA availability or requests, regulatory changes or matters outside MEMA's reasonable control.

A delay caused by the FCA, the client or a third party does not by itself constitute a failure by MEMA to provide the service.

Website content, free tools and automated questionnaire outputs provide general regulatory information and are not project-specific advice.

The written work produced under a paid Regulatory Perimeter Review or authorisation engagement is regulatory consultancy advice prepared for the named firm based on the agreed facts. Unless MEMA expressly agrees otherwise in writing, MEMA is not providing a formal legal opinion, tax advice, accounting advice or investment advice under these online projects.

MEMA retains ownership of its underlying methodologies, templates, frameworks, know-how and pre-existing materials.

Once the relevant fee has been paid, the client may use the final project deliverables for its own internal business purposes and, where relevant, its own FCA application. The client must not sell, publish, commercially distribute or adapt MEMA materials for another firm without MEMA's written permission.

MEMA may continue to use its general methodologies, experience, templates and know-how provided that it does not disclose the client's confidential information.

MEMA will treat information provided for the project as confidential except where disclosure is authorised by the client, reasonably necessary to provide the service, required by law or regulation, or made to professional advisers or service providers subject to appropriate confidentiality obligations.

Personal data will be handled in accordance with MEMA's Privacy Notice. Payment processing, portal hosting and other aspects of service delivery may involve appropriate third-party service providers. Their involvement does not change the fact that the regulatory consultancy engagement is with MEMA Consultants Ltd.

MEMA will perform the services with reasonable care and skill. MEMA is not responsible for losses arising from inaccurate, incomplete or late information supplied by the client, changes made to the business model without MEMA's knowledge, failure to follow agreed recommendations, third-party acts or omissions, or decisions and delays controlled by the FCA or another authority.

Subject to liability that cannot lawfully be limited or excluded, any financial cap on MEMA's liability for the project is the cap stated in the applicable order confirmation, engagement terms or MEMA General Terms. These project terms do not create a separate higher cap.

To the fullest extent permitted by law, MEMA will not be liable for indirect or consequential loss, or for loss of profit, revenue, business opportunity, anticipated savings or goodwill, except to the extent that such exclusion is not legally enforceable in the circumstances.

Nothing in these terms excludes or restricts liability for fraud or fraudulent misrepresentation, death or personal injury resulting from negligence, or any other liability that cannot lawfully be excluded or limited.

MEMA may suspend or terminate an engagement where reasonably necessary, including where required information is repeatedly not provided, an undisputed fee remains unpaid, a conflict of interest arises, continuing would create legal, regulatory, sanctions or professional concerns, MEMA reasonably believes information supplied is false or misleading, or the client asks MEMA to take a step that MEMA considers inappropriate.

Any refund will be determined under the cancellation and refund provisions above.

Before payment, you will have the opportunity to review the selected service, price and information entered during the online journey. You are responsible for correcting any errors before placing the order.

MEMA may retain an electronic record of the order, including the firm, purchaser, project selected, amount paid, version of the terms accepted, acceptance timestamp and related order information. Order confirmations, notices and project communications may be sent electronically.

Questions, complaints or cancellation requests should be sent to contact@memaconsultants.com

MEMA Consultants Ltd (company number 11869187) 60 Tottenham Court Road Suite 1810a Fitzrovia London W1T 2EW

These project terms and any non-contractual obligations arising from them are governed by the law of England and Wales. The courts of England and Wales have jurisdiction, subject to any mandatory legal rights that apply.