The $1,000 term sheet guarantee

1. The promise

Where Alphacon Capital issues a term sheet to a broker and, within 30 days of the date on that term sheet, the facility does not settle because of something on our side, we will pay that broker $1,000. The payment is made to the broker, not to the borrower, and it is made whether or not the borrower places the deal elsewhere.

The $1,000 is a fixed contractual payment. It is not a fee for service, not a rebate, and not commission. It is the maximum amount payable under this guarantee and is your sole and exclusive remedy in connection with the matters described in section 5. Neither party’s liability to the other arising under or in connection with this guarantee exceeds the amount paid or payable under it. Nothing in this guarantee limits any statutory right that cannot be excluded by agreement.

2. Offer period

The guarantee applies to term sheets dated on or before 31 December 2026. A term sheet issued inside the offer period keeps its entitlement even if the 30-day window runs past that date. We may extend the offer period by updating this page.

3. Who can claim

You can claim if, at the time the term sheet was issued, you were:

• Carrying on a finance or mortgage broking business in Australia, whether or not you hold accreditation with us
• The person or entity that submitted the deal to us, named on the term sheet as the introducing broker
• Acting for a borrower that is a company or a trustee, for a commercial or investment purpose

You cannot claim if you are:

• An employee, director, contractor or related party of Alphacon Capital Pty Ltd, or a member of their immediate family
• The borrower, a guarantor, or a related party of either - the guarantee is for brokers, not for deals brought to us direct
• Acting for a borrower seeking consumer or personal credit, which we do not write

One broker entity claims per term sheet. Where two brokers introduce the same deal, the claim belongs to the one named on the term sheet.

4. What counts as a term sheet

A term sheet for the purposes of this guarantee is a written indicative term sheet or letter of offer, issued by our credit team and addressed to you, that names all of the following:

• The borrower and any guarantors
• The security property or properties
• The facility amount and the term
• The rate and the fee schedule that applies
• An expiry date, or a date by which the facility is expected to settle

None of the following is a term sheet, and none of them carries the guarantee: an indicative range quoted by phone or email, a rate card, a scenario response, an LVR calculator result, anything produced by an automated tool on this site, or a credit decision email or conditional approval that does not name all five of the items above. If you are unsure whether what you are holding is a term sheet, ask us and we will tell you in writing.

Settlement date. Where this guarantee refers to the settlement date, it means the date stated in the term sheet as the date by which the facility is expected to settle. Where the term sheet states no such date, the settlement date is the last day of the facility term stated in it.

5. What triggers a payment

The guarantee is triggered where, within 30 days of the date on the term sheet, the facility does not settle on the terms in it because we:

• Withdraw the term sheet
• Change the facility amount, the rate, the fees or the term to the borrower's detriment, and the deal does not proceed on the changed terms
• Are unable to settle by the settlement date, as defined in section 4, and the deal does not settle with us as a result

If the deal later settles with us on the original terms, there is nothing to pay. If it settles on terms we changed to the borrower’s detriment, the guarantee is still payable.

6. The two exceptions

There are exactly two circumstances in which we will decline a claim that would otherwise be triggered under section 5:

• Valuation shortfall - a panel valuation of the security comes in below the value the term sheet was issued against, and the facility no longer sits inside the maximum LVR for the product
• Undisclosed credit issue - credit, arrears, default, judgment, insolvency or director-disqualification information about the borrower or a guarantor comes to light that was not disclosed to us at or before submission

Nothing else is carved out. If we withdraw or re-trade for any other reason, the guarantee is payable.

If you dispute our assessment, contact us at deals@alphaconcapital.com.au for a written review. A different member of our credit team will reconsider the claim and respond in writing.

7. What was never a trigger

These are not exceptions - they simply are not us failing to settle, so the guarantee does not engage in the first place:

• The borrower withdraws, changes their mind, or places the deal with another lender
• The borrower or their advisers ask to change the facility, the security or the structure
• The borrower, a guarantor or their solicitor does not produce documents, sign, or attend settlement
• A first mortgagee, caveator or other third party withholds a consent that the term sheet was conditional on
• The term sheet expires on its own terms without the borrower accepting it
• The information given to us at submission turns out to be false or fraudulent
• Settlement is prevented by something outside the reasonable control of either of us

8. Limits

• $1,000 per term sheet. Re-submitting the same borrower and the same security does not create a second claim.
• A maximum of 5 payments, being $5,000 in total, per broker across the whole offer period.
• Where two or more broker entities share an Australian Credit Licence holder, share an aggregator accreditation, or are members of the same corporate group within the meaning of the Corporations Act 2001 (Cth), the cap applies to all of them together rather than to each individually.

9. How to claim

Email deals@alphaconcapital.com.au with “Guarantee claim” in the subject line, within 30 days of the event you are claiming on. The event occurs on the date of our written notice to you that the facility will not proceed on the terms in the term sheet. Include:

• The term sheet reference and its date
• The borrower name and the security address
• Which of the three triggers in section 5 you are relying on
• The name, ABN and bank details of the broker entity to be paid

We will acknowledge the claim within 5 business days and tell you in writing whether we accept it. Where we decline, we will say which exception in section 6 applies and why. A claim made after the 30-day window will not be considered.

10. Payment

Accepted claims are paid by electronic funds transfer to the nominated business account within 10 business days of our written acceptance. We pay the broker entity named on the term sheet. We do not offset the payment against any fee, commission or other amount owing between us.

11. Tax and your own obligations

Alphacon Capital makes this payment without adding GST. You should seek your own tax advice as to how the payment should be treated for GST and income tax purposes.

You are responsible for disclosing to your client, as required by your licence conditions, aggregator agreement, and applicable law (including s 47B of the Fair Trading Act 1987 (NSW)), that you may receive a payment from us in connection with this transaction.

12. Changes to this offer

We may vary or withdraw the guarantee by updating this page. A change takes effect no earlier than 5 business days after we post it, and we will show the date it takes effect prominently at the top of this page. A term sheet already issued is governed by the conditions in force on the day it was issued, and we will provide those on request.

13. General

• This guarantee does not create an offer of finance, and nothing in it commits us to issuing a term sheet or to lending.
• It sits alongside our Terms of Use and does not vary the terms of any facility we write.
• It is governed by the laws of New South Wales, and both of us submit to the non-exclusive jurisdiction of the courts of that state.

Read this with our Terms of Use.

14. Contact

Questions about the guarantee, before or after a claim: