Terms of Service
Effective Date: December 6th, 2024
Welcome to Financely ("the Company"). These Terms of Service ("Terms") constitute a legally binding agreement governing access to and use of all advisory and platform services ("Services") provided by the Company. By accessing or using the Services, you ("the Client") agree to comply with and be bound by these Terms.
Article 1: Scope of Services & Engagement
1.1 Nature of Services
Financely is a specialized advisory firm providing services in trade finance and project finance. The Company is not a securities broker-dealer, a bank, or a direct lender. Any crypto-related services are provided entirely on-chain through designated platforms.
1.2 Engagement Procedure
- Request for Quote (RFQ): Formal engagement commences upon the Client's submission of a complete RFQ via the Company's designated portal.
- Mandatory Fees: An upfront, non-refundable Engagement Fee is required upon RFQ submission to initiate evaluation. Upon execution of a formal contract, a non-refundable Contract Fee of $500 to $1,000 USD is due. Any subsequent Retainer Fee is due via wire transfer within five (5) business days thereof.
- Invalid Contracts: An engagement contract is null and void without receipt of the signed agreement and the corresponding Contract Fee. The Company actively discourages bad-faith actors and reserves the right to refuse service.
Article 2: Fees, Payments, and Penalties
2.1 Fee Structure
All fees are denominated in USD. The Client agrees to the fee schedule as outlined in the executed engagement contract, which includes the Engagement, Contract, and Retainer Fees.
2.2 Discounts & Penalties
- Early Payment Discount: A discount of up to 5% of the total invoiced amount may be granted if the full Retainer Fee is settled within forty-eight (48) hours of contract execution.
- Late Payment Penalty: A late payment penalty of $150 USD per calendar day will be assessed on any outstanding balance beyond the stipulated payment term.
2.3 Consultation Services
Direct access to the Company's advisory team is available exclusively through formal engagement or via paid consultations at a rate of $250 USD per hour, bookable through the Company's platform.
Article 3: Client Covenants and Responsibilities
3.1 Material Information & Due Diligence
The Client warrants that all information provided is accurate and complete. The Client is solely responsible for its own due diligence unless the Company is expressly retained to procure third-party due diligence services. Any failure of a transaction due to Client misrepresentation, material omission, or miscalculation shall absolve the Company of all liability.
3.2 Provision of Documentation
The Client is responsible for providing all necessary documentation, including but not limited to offering documents, financial models, and corporate resolutions. The sourcing of deals and creation of financial models remains the Client's responsibility unless otherwise stipulated.
Article 4: Termination
4.1 Termination by Client
Should the Client terminate the engagement for any reason after contract execution, a Break-Up Fee of $5,000 USD plus 2% of the transaction's total face value shall become immediately due and payable. This clause is enforced to protect the Company from speculative engagements.
4.2 Termination by Company
The Company reserves the right to terminate any engagement immediately and without refund for cause, including but not limited to: non-payment, breach of these Terms, fraudulent activity, or any action that may cause reputational or operational damage to the Company.
Article 5: Liability, Confidentiality, and Governance
5.1 Limitation of Liability
The Company shall not be liable for any indirect, incidental, consequential, or punitive damages. The Company's total liability for any claim arising from the Services shall not exceed the total amount paid by the Client to the Company for the specific service in question.
5.2 Confidentiality
Both parties agree to maintain strict confidentiality regarding all proprietary information disclosed during the engagement, in perpetuity.
5.3 Intellectual Property
All methodologies, strategic frameworks, and work products developed by Financely in the course of providing the Services shall remain the sole intellectual property of the Company.
5.4 Force Majeure
The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, regulatory changes, or catastrophic operational failures.
5.5 Dispute Resolution & Governing Law
These Terms are governed by the laws of St. Kitts & Nevis. Any dispute arising from these Terms shall be resolved through binding arbitration in St. Kitts & Nevis, conducted in English. Notwithstanding this, the Company reserves the right to initiate legal proceedings in any jurisdiction where the Client resides or operates to enforce its rights.
5.6 Amendments
The Company reserves the right to amend these Terms at any time. Continued use of the Services following notification constitutes acceptance of the amended Terms.