Section 1: General Conditions of Personal Loan

1.1. Definitions and Interpretations

This section defines the key terms used throughout this Loan Agreement to ensure clarity and uniform understanding. Capitalized terms used in this document shall have the meanings provided in Appendix 1. In case of any discrepancies or ambiguities in the interpretation of the terms, the rules for interpreting the provisions set forth in Appendix 1 shall prevail. Any conflicts in interpretation will be resolved in accordance with the rules established in this appendix, and all provisions shall be read in a manner that ensures fairness and consistency across the entire document.

1.2. Available Features and Benefits

Esol Loan-Loan App Philippines offers a variety of personal loan products, each with specific terms and conditions that cater to the unique financial needs of borrowers. These loans may vary based on factors such as:

• Interest Rates:

  Fixed or variable interest rates depending on the loan product.

• Repayment Terms:

  Loans may have different repayment durations and frequencies (e.g., monthly, quarterly).

• Loan Amounts:

  Each loan product has a defined minimum and maximum loan amount that a borrower may apply for.

We reserve the right to introduce new loan products or withdraw existing ones at any time. Additionally, Esol Loan-Loan App Philippines may modify certain features of an existing loan product, such as changing interest rates, extending repayment terms, or adding new benefits to specific loan classifications. These changes will be applied based on market conditions, borrower feedback, and regulatory developments. Borrowers will be notified of significant changes, and in some cases, their consent may be required to continue using the modified loan product.

1.3. Loan Classifications

Esol Loan-Loan App Philippines may categorize loans into different classifications, each offering a unique set of benefits tailored to the borrower’s profile. Classifications may include, but are not limited to:

• Preferential Interest Rates:

  Loans with lower interest rates for eligible borrowers.

• Exclusive Promotions:

  Access to promotional offers such as reduced fees or early repayment discounts.

• Enhanced Services:

  Additional services, such as personalized loan counseling or faster loan processing, may be offered for certain loan categories.

These classifications are intended to enhance the overall borrowing experience by providing customized loan options based on factors such as creditworthiness, repayment history, and income level. Tala Loan App Philippines reserves the right to amend, withdraw, or introduce new loan classifications at any time. Borrowers will be notified of these changes and will have the opportunity to select a loan classification that best meets their financial needs. Loan eligibility will be determined based on the borrower’s financial profile, credit score, and the loan product they wish to apply for.

1.4. Lender-Borrower Relationship

This agreement governs the relationship between Esol Loan-Loan App Philippines ("Lender") and the individual or entity applying for the loan ("Borrower"). The Lender agrees to provide the Borrower with the loan amount, subject to the terms and conditions outlined in this agreement, and the Borrower agrees to repay the loan in full, including applicable interest, fees, and charges, by the agreed-upon dates. This repayment obligation includes:

• Principal Loan Amount:

  The total loan amount disbursed to the Borrower.

• Interest:

  The cost of borrowing, calculated as per the terms of the loan product.

• Fees and Charges:

  Any administrative or processing fees associated with the loan.

This loan agreement establishes a binding legal relationship between the Lender and the Borrower, and both parties are expected to fulfill their obligations under this contract. Any additional services or agreements between the Borrower and Esol Loan-Loan App Philippines outside of this loan arrangement will be governed by separate terms, but this agreement specifically addresses the lending relationship.

1.5. Pre-Termination of Personal Loan

Borrowers may request to pre-terminate their loan (i.e., repay the loan in full before the scheduled completion date). To do so, the Borrower must provide Esol Loan-Loan App Philippines with a written notice indicating their intention to terminate the loan early. This request is subject to approval, and additional fees, costs, or penalties may apply. These may include:

• Pre-termination Penalties:

  A fee charged for repaying the loan before the end of the loan term, as specified in the loan contract.

• Accrued Interest:

  The total interest owed up until the date of pre-termination.

• Administrative Fees:

  Costs associated with processing the early termination of the loan.

All associated charges will be borne by the Borrower, and full repayment of the outstanding balance, including interest and applicable fees, will be required at the time of pre-termination.

Without limiting our right to terminate, Esol Loan-Loan App Philippines reserves the right to suspend or terminate the loan agreement if any of the following conditions arise:

• Failure to Meet Obligations:

  If the Borrower fails to make payments as required or fails to meet other contractual obligations.

• Insolvency or Liquidation:

  If the Borrower becomes insolvent or if liquidation proceedings are initiated against them.

• Legal Orders:

  If a legal order, court ruling, or regulatory directive impacts the Borrower’s loan account or ability to repay.

• Other Circumstances:

  Any other events, including regulatory changes or fraudulent activity, that justify the suspension or termination of the loan agreement.

1.6. Actions After Termination

In the event that the loan agreement is terminated, either by the Borrower through pre-termination or by Esol Loan-Loan App Philippines due to failure to meet obligations or other reasons, the Lender reserves the right to take the following actions:

• Cancel Unexecuted Instructions:

  Any instructions or requests from the Borrower that have not been executed at the time of termination will be canceled.

• Complete Pending Transactions:

  Transactions that were initiated prior to termination may be completed at the discretion of the Lender.

• Recover Outstanding Amounts:

  The Lender retains the right to recover any outstanding balances, fees, interest, or penalties that were accrued prior to termination.

Even after termination, the Borrower remains responsible for fulfilling all obligations that were accrued prior to termination. This includes repayment of any remaining loan principal, interest, and fees. The Borrower may not absolve themselves of these responsibilities by terminating the agreement, and Tala Loan App Philippines retains the right to pursue all legal means to recover outstanding amounts, including engaging third-party collection agencies or pursuing legal action.

1.7 Loan Agreement – Opening Clause

From the date of disbursement (hereinafter referred to as the “Effective Date”), and for the loan term of , the Borrower undertakes to repay to the Lender the principal loan amount granted, together with ordinary interest, additional interest, and any other amounts payable in accordance with the terms of this Agreement.
The Lender agrees to extend to the Borrower a loan in the amount of ₱ (hereinafter referred to as the “Loan Amount”), exclusive of interest, fees, donations, value-added tax (VAT), and any other taxes or charges arising under this Agreement. After deduction of applicable interest and fees, the Borrower shall receive a net disbursement of ₱.
The loan shall mature on (hereinafter referred to as the “Maturity Date”), and shall bear interest at an annual rate of %. (hereinafter referred to as the “Annual Interest Rate”).

Clause 1. The Borrower, by means of an application duly prepared and executed electronically (hereinafter referred to as the “Application”), requests the Lender to enter into this Loan Agreement (hereinafter referred to as the “Loan”) in his/her national currency.

Section 2: Data and Customer Information

2.1. Definitions

This section clarifies the terms and definitions used in relation to the collection, processing, and sharing of customer information under this agreement. Key terms include:

• Authorities:

  Refers to regulatory bodies, governmental agencies, or judicial bodies that have the legal authority to regulate or oversee any part of the services provided by Tala Loan App Philippines. This may include entities such as tax authorities, central banks, or courts.

• Connected Person:

  Any individual or entity whose information is provided to Tala Loan App Philippines in connection with the services offered. This may include individuals such as guarantors, co-signers, family members, or business partners who have a relationship with the Borrower and are relevant to the loan application or servicing.

• Customer Information:

  Refers to personal information, tax data, financial details, and other confidential data provided by or related to the Borrower or any Connected Persons. This information may include identification numbers, income details, contact information, or loan history.

• Financial Crime:

  Any criminal activities involving financial transactions, including but not limited to money laundering, bribery, fraud, terrorist financing, tax evasion, and violations of economic sanctions. Esol Loan-Loan App Philippines is obligated to detect and prevent such activities as part of its regulatory compliance.

2.2. Collection and Processing of Information

Esol Loan-Loan App Philippines collects and processes customer information to provide financial services and to comply with legal and regulatory obligations. The data collected is used to ensure that all transactions are legitimate and that the Borrower’s financial situation is assessed accurately.

Information may be collected from:

• Borrower:

  Data provided directly by the Borrower during the loan application process, including but not limited to full name, address, identification numbers (e.g., social security number), bank details, income verification, and employment status.

• Third-Party Entities:

  Information provided by third parties, such as credit bureaus, employers, or other financial institutions, to assess the Borrower's creditworthiness and confirm the accuracy of the Borrower’s financial profile.

• Publicly Available Sources:

  Data gathered from public records, databases, or other available sources to verify the Borrower’s identity and financial background.

The collected information is used for several purposes, including but not limited to:

• Managing and Verifying Accounts:

  Ensuring the Borrower’s account is accurate and properly managed throughout the loan term.

• Credit Assessment:

  Evaluating the Borrower’s creditworthiness, including conducting background checks and reviewing credit scores. This assessment helps determine whether the Borrower qualifies for a loan and under what conditions.

• Compliance with Legal Requirements:

  Ensuring adherence to financial crime prevention laws, such as anti-money laundering (AML) regulations, and verifying the Borrower's identity through the Know Your Customer (KYC) process.

• Loan Servicing:

  Managing the Borrower’s loan throughout its lifecycle, from disbursement to repayment.

2.3. Sharing of Information

By entering into this loan agreement, the Borrower consents to the sharing of their personal and financial information with third parties, where necessary, to facilitate loan servicing and to comply with legal and regulatory requirements. The Borrower’s information may be shared with the following entities:

• Subcontractors and Service Providers:

  To process and manage loan services, Tala Loan App Philippines may share data with subcontractors, IT service providers, or third-party processors. These entities help with tasks such as data storage, loan management, and payment processing.

• Regulatory Authorities:

  Esol Loan-Loan App Philippines is legally obligated to share data with government entities or regulatory bodies, such as tax authorities or financial regulatory commissions, as required by law. This includes providing data in cases of audits, investigations, or compliance reviews.

• Credit Bureaus:

  Borrower data may be shared with credit reporting agencies to assess the Borrower's credit history, both before and during the loan term. This information may also be reported to credit bureaus, influencing the Borrower's credit score based on their repayment behavior.

• Financial Institutions:

  Data may be shared with banks, payment processors, and other financial institutions to manage loan disbursements, repayments, and other financial transactions.

• Counterparties in Loan Servicing:

  If required, Esol Loan-Loan App Philippines may also share data with third-party partners involved in servicing or purchasing loan portfolios, including investors or debt collection agencies.

The sharing of customer information is conducted in accordance with applicable data protection laws, and all third parties are bound by confidentiality obligations to ensure that Borrower data is protected at all times.

2.4. Borrower Obligations Regarding Data

The Borrower has a responsibility to ensure that all personal and financial information provided to Esol Loan-Loan App Philippines is accurate, up-to-date, and complete. This includes:

• Accuracy of Information:

  The Borrower must ensure that all personal details, financial data, and contact information submitted during the loan application process are correct and truthful. Inaccurate information may result in the denial or termination of the loan.

• Updates to Information:

  If there are any changes to the Borrower’s personal or financial situation, including changes in income, address, or employment status, the Borrower must notify Tala Loan App Philippines within 30 days of the change. Failure to provide timely updates may result in suspension of services or termination of the loan.

• Connected Persons:

  If the Borrower provides information regarding Connected Persons (e.g., guarantors or co-signers), the Borrower is responsible for informing those individuals of how their personal data will be used by Esol Loan-Loan App Philippines. The Borrower must obtain consent from Connected Persons for the use and sharing of their data as described in this agreement.

If the Borrower fails to meet their obligations regarding the provision or updating of information, or if the Borrower withdraws consent for data processing, Esol Loan-Loan App Philippines may take the following actions:

• Suspension or Termination of Services:

  The Borrower’s access to loan services may be suspended or terminated if accurate and complete information is not provided or updated as required.

• Compliance with Legal Obligations:

  Esol Loan-Loan App Philippines reserves the right to take actions necessary to comply with applicable laws and regulations, including notifying regulatory authorities or conducting investigations if inaccurate information is provided.

• Account Closure:

  If the Borrower fails to comply with data obligations or withdraws consent, Esol Loan-Loan App Philippines may be required to close the Borrower’s account and cease the provision of services.

Section 3: Loan Operations

3.1. Interest

The interest rate applicable to the loan will be determined at the time of loan approval and will be explicitly stated in the loan agreement. Esol Loan-Loan App Philippines reserves the right to set the interest rate based on several factors, including:

• Market Conditions:

  Prevailing interest rates in the financial markets, which may fluctuate due to economic changes.

• Borrower Creditworthiness:

  The Borrower’s credit score and financial history may influence the interest rate, with lower rates offered to more creditworthy applicants.

• Loan Amount and Term:

  The interest rate may vary depending on the size and length of the loan, with shorter terms or smaller loans potentially incurring different rates.

Interest will accrue on the outstanding balance of the loan daily, based on the actual number of days the loan is outstanding and the agreed-upon interest rate. Interest will be compounded as per the loan agreement and applied on the repayment dates specified in the amortization schedule. Esol Loan-Loan App Philippines retains the right to adjust interest rates during the loan term in the event of significant market changes or regulatory requirements, provided that the Borrower is notified in advance of any adjustments.

3.2. Amortization Schedule

Upon disbursement of the loan, Esol Loan-Loan App Philippines will provide the Borrower with a detailed Amortization Schedule, which will outline the repayment structure for the loan. This schedule will include:

• Principal and Interest Breakdown:

  The amount of each installment that goes toward repaying the principal and the interest.

• Repayment Dates:

  Specific due dates for each installment, ensuring timely repayment throughout the loan term.

• Final Repayment Date:

  The date on which the loan must be fully repaid, including any outstanding interest and principal.

The Borrower is required to adhere to this repayment schedule unless a written agreement is made to modify it. Any changes to the amortization schedule, such as early repayment or extensions, must be formally requested by the Borrower and approved by Esol Loan-Loan App Philippines. Failure to adhere to the schedule may result in additional fees or penalties, including late payment charges or default actions as outlined in the loan agreement.

3.3. Loan Disbursement

Once the loan has been approved, the agreed-upon loan amount will be disbursed directly to the Borrower's designated bank account or other financial account. The disbursement process includes the following:

• Deductions:

  Before disbursing the loan, Esol Loan-Loan App Philippines may deduct any applicable fees, such as origination fees, administrative costs, or initial interest charges. These deductions will be clearly outlined in the loan agreement and reflected in the net disbursed amount.

• Notification:

  The Borrower will receive a notification via email or other agreed communication channels confirming the disbursement of the loan, including the final disbursed amount and any deductions applied.

• Account Designation:

  The loan will be disbursed to the bank account or financial account specified by the Borrower during the loan application process. It is the Borrower’s responsibility to ensure that the account details provided are accurate and up-to-date. Esol Loan-Loan App Philippines will not be responsible for delays or errors in disbursement resulting from incorrect account information.

The Borrower agrees to repay the full loan amount, including any accrued interest, in accordance with the terms outlined in the amortization schedule and the loan agreement. Repayments will begin as per the agreed start date, and the Borrower must ensure timely payments to avoid penalties.

Section 4: Debt Collection Policies

4.1. Debt Collection

If the Borrower fails to repay the loan according to the terms outlined in this agreement, Tala Loan App Philippines reserves the right to take necessary actions to recover the outstanding debt. These actions may include:

• Engagement of Third-Party Collection Agents:

  Esol Loan-Loan App Philippines may assign or sell the outstanding debt to third-party collection agencies to pursue repayment on its behalf. The Borrower acknowledges and agrees that their personal and loan-related information may be shared with these third-party agencies strictly for the purpose of debt recovery.

• Legal Remedies:

  In cases of severe default or non-payment, Tala Loan App Philippines may initiate legal proceedings to recover the outstanding loan amount, including the principal, accrued interest, and any applicable fees. Legal remedies may include filing lawsuits, obtaining court orders, or placing liens on the Borrower’s assets.

The Borrower will be held responsible for all costs incurred during the debt recovery process. This may include, but is not limited to:

• Legal Fees:

  Any attorney’s fees or court costs incurred by Tala Loan App Philippines in its efforts to recover the outstanding loan.

• Collection Fees:

  Fees charged by third-party collection agents, which may be added to the outstanding debt balance.

• Other Recovery Costs:

  Any additional costs related to the debt collection process, such as administrative fees, documentation, or enforcement actions.

If the Borrower wishes to resolve the debt after the collection process has commenced, they must contact Esol Loan-Loan App Philippines or the assigned collection agency directly to discuss possible payment arrangements.

4.2. Recording of Communications

In the course of administering the loan, Esol Loan-Loan App Philippines reserves the right to record all communications between the Borrower and the company, including:

• Telephone Conversations:

  Any discussions between the Borrower and customer service representatives or debt recovery agents regarding loan terms, repayments, or disputes.

• Electronic Communications:

  Emails, messages, or any other written forms of communication exchanged between the Borrower and Esol Loan-Loan App Philippines.

These records may be used for several purposes, including but not limited to:

• Monitoring and Compliance:

  Ensuring that all communications are conducted in a manner that complies with internal standards and regulatory requirements.

• Dispute Resolution:

  Providing evidence in cases of disputes or misunderstandings regarding the loan agreement, repayment terms, or actions taken by either party.

All recorded communications will be stored securely and in compliance with applicable data protection and privacy laws. Esol Loan-Loan App Philippines will not disclose the contents of these communications to unauthorized third parties except as required by law or in connection with legal or regulatory investigations.

Section 5: Miscellaneous Provisions

5.1. Governing Law and Jurisdiction

This loan agreement will be governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes arising from this agreement will be subject to the jurisdiction of the courts located in the Philippines.

5.2. Changes to Terms

Esol Loan-Loan App Philippines reserves the right to modify or update the terms and conditions of this agreement, including interest rates, fees, and repayment terms. Changes will be communicated to the Borrower in advance. Continued use of services or non-payment will indicate acceptance of the revised terms.

5.3. Limitation of Liability

Esol Loan-Loan App Philippines will not be liable for any loss or damages arising from the Borrower's use of services provided by third parties. Similarly, Esol Loan-Loan App Philippines shall not be held responsible for any failure in services due to factors beyond its control, such as network failures, legal constraints, or external factors.

Appendix 1: Definitions and Interpretations

• Applicable Regulation:

  Refers to any local or foreign law, court order, or directive with which Esol Loan-Loan App Philippines or the Borrower is required to comply.

• Authorities:

  Includes regulatory or governmental agencies with jurisdiction over the Borrower's loan account.

• Service:

  Refers to any banking, loan, or financial service provided under this agreement.