Accrue Factoring, Inc. (“Company,” “we,” “us”) – Disclosure and Compliance Notice
By accessing or using our website and any services provided by Accrue Factoring, Inc., you acknowledge and agree to the following:
- Service Scope and Eligibility
- Our services involve providing factoring and accounts receivable financing solutions to freight carriers, brokers, owner-operators, and logistics providers (“Clients”).
- We do not provide transportation services as a motor carrier; clients that operate as carriers or brokers must maintain compliance with all applicable regulations of the FMCSA (including but not limited to 49 CFR Parts 300–399) and any related state or international requirements. fmcsa.dot.gov+2ecfr.gov+2
- Our activity is limited to the purchase or financing of receivables and is not to be construed as providing legal, tax, safety, client inspection, or regulatory advice. Clients must seek independent counsel as needed.
- Regulatory Compliance – U.S. Freight & Motor Carrier Industry
- Clients engaged in interstate commerce via commercial motor vehicles must comply with the FMCSA’s regulations (for example, driver qualifications, hours of service, vehicle maintenance, in-receivables inspection, and financial responsibility) and maintain valid operating authority. ecfr.gov+1
- We require clients to represent and warrant that they are in good regulatory standing (or will be) and will disclose any material changes in their status, including safety ratings, operating authority, insurance, client insurance, or factoring arrangements.
- We are not responsible for insurance or the client’s failure to comply with FMCSA or state safety regulations, which may adversely affect their eligibility for factoring services or ability to deliver freight.
- Factoring-Industry Compliance & International Standards
- As a factoring firm, we are committed to transparency, fair dealing, and adherence to internationally accepted practices for receivables finance. The factoring industry demands clear disclosures, customer protection, risk-management protocols, and conduct-of-business standards. IFC+2IFA Commercial Factor+2
- Clients engaging in cross-border or international factoring arrangements acknowledge that additional documentation, jurisdictional compliance, foreign exchange, credit risk, and tax implications may apply.
- We reserve the right to decline or modify services where regulatory uncertainty, risk of illicit finance, anti-money-laundering concerns, or non-compliance with recognized factoring standards are present.
- Disclosure & Documentation
- Before entering into a factoring agreement, we will provide a written Factoring Agreement, clearly specifying the terms: advance rate, fees, recourse or non-recourse status, assignment of receivables, representation and warranty clauses, client obligations, and events of default.
- Clients are responsible for accurate invoicing, assignment of receivables, and prompt notification of any disputes, returns, or non-payment events.
- We are not liable for losses arising from the client’s failure to comply with assignment protocols, carrier obligations, or regulatory requirements.
- Limitation of Liability and No Guarantee of Funding
- We do not guarantee funding in every instance. Approval of factoring is subject to our underwriting, documentation, credit review, and compliance checks.
- We shall not be liable for indirect, special, or consequential damages arising from the use of our services or any interruption thereof, except as prohibited by applicable law.
- Governing Law, Jurisdiction & Changes to this Notice
- This disclosure and any related factoring agreement shall be governed by the laws of the state in which Accrue Factoring, Inc. is organized (or as otherwise specified in the agreement).
- We may amend this compliance disclosure at any time by posting the revised version on our website. Clients and prospective clients are encouraged to review it periodically.
- Acknowledgement
- By proceeding with discussions or execution of services with us, you acknowledge that you have read, understood, and agree to abide by the terms of this disclosure and will cooperate with any further documentation or verification requests we may require to comply with regulatory or factoring-industry standards.
Important Note:
This disclosure is intended to provide a general statement of policy and not host all regulatory obligations that may apply to clients or to our services. Neither Accrue Factoring, Inc. nor any of its officers, directors, agents, or employees is providing specific legal, accounting, or regulatory advice through this statement. Clients should consult their own advisors to ensure full compliance in their operations, especially when engaging in interstate freight operations, international factoring, or cross-border commerce.