General terms for OPR-Företagslån Flex (03/2024)
The general conditions on which OPR-Finance AB (the creditor) grants the credit OPR-Företagslån Flex to the company (the borrower) that applies for it are determined below. The lender checks the creditworthiness of the borrower, after which the credit decision is notified by e-mail. The credit agreement is activated when the creditor approves the application and grants the credit and the borrower signs the credit agreement and the agreement on the property guarantee. The agreement consists of the loan application and any annexes thereto, the credit agreement, the agreement on the property guarantee, the guarantee conditions and the loan conditions. The agreement is valid until further notice. The creditor is not obliged to justify the credit decisions that are made.
1. Application for OPR-Företagslån Flex
The application is made with an electronically signed web application or in any other way that the credit provider approves and proposes.
2. Credit limit for and use of OPR-Företagslån Flex
The credit limit for the credit is the amount agreed between the lender and the borrower, but at least SEK 20,000. The borrower has the right to use the credit by freely withdrawing the credit to his account up to the agreed credit limit. The available credit amount decreases when the credit is used and increases when the capital is amortized. In the loan application, the borrower specifies a Swedish bank account, to which the withdrawals are transferred. You can change your bank account by contacting OPRFöretagslån Flex customer service. Instructions on credit withdrawals and opening hours can be found at www.opr.se. The minimum withdrawal is SEK 5,000.
3. Costs for and repayment of OPR-Företagslån Flex
The credit has no fixed annual or monthly fees. To use the credit, the borrower pays a withdrawal fee determined by the credit agreement, which is 3 percent of the withdrawn amount and which is charged in connection with the next invoice. The loan is repaid in monthly installments. The borrower is obliged to pay a monthly interest rate of 5 percent on the used capital determined by the credit agreement each month. The total debt consists of the withdrawn credit amount, credit withdrawal fees and accrued interest. Minimum partial payment of the total capital debt is 4 percent, but at least SEK 2,000 plus additional fees and interest. The monthly installment consists of amortization and any withdrawal fee and interest. The borrower has the right to pay a monthly amount that exceeds the agreed monthly amount without fees caused by early repayment. The amount must not exceed the remaining debt. Any overpayments amortize the capital debt.
4. Termination of the credit agreement
The notice period for this agreement is one (1) month for both parties. The agreement can be terminated in writing via letter or e-mail. The debt remaining after termination is paid according to the terms of the contract.
5. Late payment
If the payment amounts are not paid by the due date, the borrower is obliged to pay an annual late payment interest on the delayed amount from the due date to the payment date. The interest rate for late payment interest is 24.9 percent annual interest. A late fee of SEK 695 is charged for each payment reminder sent. After a payment reminder, the creditor has the right to transfer the debt to an external debt collection company and collect the final debt through legal means. All collection costs are paid by the borrower. The creditor may at any time transfer its claims to third parties without a separate notice.
6. Limitation of the right to use OPR-Företagslån Flex
If the borrower has neglected his payment obligation by the due date at the latest or otherwise acted in violation of these terms, the creditor is then entitled to limit the right to use OPR-Företagslån Flex by preventing new withdrawals or lowering the credit limit. The creditor also has this right due to the borrower’s other payment delays, breach of contract, public payment complaints or if another significant change occurs in the borrower’s situation.
7. Change of fees and interest
The lender has the right to change the fees and interest rates. The creditor may increase the fees and interest charged for the debt and which are included in the price list/loan agreement at the time of signing due to increased costs or for other justified reasons.
8. Transfer of payment date
If the due date is not a banking day, the day for payment of the business credit and the costs for the management of the business credit are moved to the following banking day. Bank day refers to weekdays from Monday to Friday with the exception of public holidays in Sweden.
9. Premature repayment of OPR-Företagslån Flex
The borrower has the right to repay the credit or part of it early by notifying the creditor of this. If the borrower repays the credit or part of it early, however, the borrower must pay the credit costs specified in point 4 of the loan agreement in full.
10. The borrower’s right to deposit payment
If the borrower has several credits with the lender, the borrower has the right to place his payment to the desired credit. The creditor determines which items in an individual credit are to be covered with the payment.
SPECIAL DUE GROUNDS FOR OPR-Företagslån Flex
11. In case of non-payment
OPR-Företagslån Flex becomes due for payment in full when the creditor demands it in writing, if the borrower has neglected to pay capital, drawdown fee, any monthly interest, late payment interest or other fee on the due date.
12. Other grounds for forfeiture
OPR-Företagslån Flex becomes immediately due for payment when the creditor demands it in writing, if;
1. the borrower has given the creditor misleading information that could have affected the granting of the OPR-Företagslån Flex or the terms of the business credit;
2. the borrower is put into liquidation, bankruptcy, corporate restructuring or public collection measures;
3. the borrower has significantly breached the terms of the loan agreement. If the borrower is declared bankrupt, the business credit becomes immediately due for payment.
If the OPR-Företagslån Flex guarantor or one of them dies or is declared bankrupt, the borrower must appoint a new guarantor approved by the creditor, or other security approved by the creditor within the deadline specified by the creditor of at least one month. Otherwise, the creditor can notify in writing that OPR-Företagslån Flex is due for payment.
13. Execution of due date
OPR-Företagslån Flex is due for payment seven days from the day on which the notice that the business credit is due has been sent to the borrower. If the creditor pays the delayed amount or corrects another breach of contract within the above-mentioned time, the termination expires. If the borrower is declared bankrupt, OPR-Företagslån Flex becomes immediately due for payment. If the credit is terminated, however, the borrower must pay the credit costs specified in point 4 of the loan agreement in full.
14. The borrower’s right to deviating maturity
The borrower has the right to terminate OPR-Företagslån Flex so that it becomes due for payment early due to the fact that the creditor has committed a material breach of contract that applies to this business credit relationship. Then the borrower is not obliged to pay the lender the costs that the early payment of the business loan entails.
15. Use of credit information and notification of payment default to the credit information register
When granting and monitoring a credit and approving the guarantor, the creditor uses the obligor’s personal credit information. The credit information is taken from the CreditSafe credit information register. If the creditor defaults on a payment, the creditor has the right to report the default of the payment obligations caused by the loan agreement to the credit information register, if the payment is delayed by at least 10 days from the original due date mentioned in the payment request and the creditor and the creditor have not entered into a new payment agreement after the original due date , or if registration is otherwise permitted under legislation or the data protection authority’s decision.
16. The creditor’s right to provide information to the guarantor
The creditor has the right to give the guarantor information about all the borrower’s obligations, payment difficulties and other circumstances that affect the borrower’s ability to pay. The creditor has the right to notify the guarantor of the borrower’s payment difficulties.
17. Pledge
The credit agreement is pledged to Svea Bank AB. Payment with liberating effect can therefore only be made to Svea Bank AB’s accounts specified in the monthly notification.
18. Other general conditions
The creditor has the right to transfer, in whole or in part, this agreement with all rights and obligations to third parties without consulting the borrower. The borrower must notify the creditor without delay of changes in his name and address. On request, the borrower must provide the creditor with information about his financial position and other information that affects this debt relationship and which the creditor needs as a creditor. A written notice sent by the creditor to the creditor shall be deemed to have reached the recipient no later than the seventh day after the day of dispatch, if it has been sent to the address last notified to the creditor or the commercial register. If the message has been sent by an agreed means of distance communication, the message shall be deemed to have reached the recipient on the seventh day after sending. When the credit is withdrawn, it is paid to the borrower’s account based solely on the account number that the borrower has entered. The lender is not responsible for the borrower not being able to withdraw or use the credit paid to the account specified in the loan application due to user rights to the account, coverage, means of payment, etc. is missing or for another comparable reason that is dependent or independent of the borrower. The creditor maintains a customer register, the data of which is used to maintain and manage the customer relationship. The creditor and companies that are part of the same group as this also have the right to process the data in the register for purposes that are justified according to the Personal Data Act, for example direct marketing.
19. Right to changes
The creditor has the right to change the general terms and conditions of the loan agreement by notifying the borrower in writing of the changes in advance, if the change does not increase the borrower’s obligations or reduce his rights, or is due to a change in the law or an official decision. The borrower is considered to have accepted the changes to the agreement proposed by the creditor if the borrower does not object to them before the proposed date of their entry into force. The borrower is notified of a change at least two months before it takes effect.
20. Impact on the costs of OPR-Företagslån Flex for reasons beyond the creditor’s control
If the creditor’s costs for this business credit increase or if its income from the debt decreases during the validity period of the business credit relationship due to legislation or authority decisions, the borrower must reimburse the proportion of the increased costs or decreased income that relates to the business credit. The compensation is collected in the form of a separate fee or added to the costs of the business credit. The creditor’s right to the aforementioned supplement or fee ends when the basis for it no longer exists. The creditor informs the borrower of the fee and the basis for it in writing.
21. Liability for indirect damage
Kreditgivaren ansvarar inte för eventuell indirekt skada som kredittagaren utsätts för, om inte skadan har orsakats med avsikt eller genom grov vårdslöshet.
22. Force majeure
A contracting party is not liable for damage if the contracting party can demonstrate that the fulfillment of an obligation has been prevented by such an unusual and unforeseeable circumstance that the contracting party has not been able to influence, and whose consequences could not have been avoided even with the greatest care. Payment difficulties caused by or linked to, for example, a pandemic cannot be considered as such a reason. The creditor is also not liable for damage if the fulfillment of the obligations in this agreement would conflict with the creditor’s obligations stipulated in other legal sections. A contracting party that has suffered an insurmountable obstacle must notify the other contracting party of this as soon as possible.
23. Forum and Applicable Law
Disputes resulting from this debt relationship are dealt with in the district court in the place where the creditor is domiciled. Swedish law is applied to this debt relationship.