Terms of Service

Effective Date: December 6th, 2024



Welcome to Financely. By accessing or using our services, you agree to comply with and be bound by the following Terms of Service ("Terms"). Please read them carefully.

1. Company Overview

Financely is a trade finance and project finance advisory firm. We are not a securities broker/dealer. Our crypto services are provided entirely on-chain through our platform.

2. Engagement Procedure

2.1 Request for Quote (RFQ)

• Submission: Prospects must complete the Request a Quote form on our platform to request a quote for our advisory services.
• Immediate Fee: An engagement fee is due immediately upon completion of the RFQ form. This fee covers the time and resources we invest in evaluating your transaction and preparing a proposal.
• Non-Payment: Without the engagement fee, Financely reserves the right not to respond to your RFQ.

2.2 Proposal and Contract

• Proposal: Upon receipt of the engagement fee, we will evaluate your transaction and provide a tailored proposal.
• Contract Signing: To formalize our engagement, a contract must be signed.
• Contract Fee: A non-refundable contract fee ranging between $500 USD and $1,000 USD is due upon signing.
• Retainer Fee: Any remaining retainer fee must be paid via wire transfer within 5 business days of signing the contract.
• Invalid Contracts: Contracts without the signed contract fee are considered invalid. We discourage bad-faith signers and individuals who may attempt to misuse our services.

3. Fees and Payments

3.1 Engagement and Contract Fees

• Engagement Fee: Required upon RFQ submission.
• Contract Fee: $500 USD to $1,000 USD due upon contract signing.
• Retainer Fee: Due within 5 business days of contract signing via wire transfer.

3.2 Discounts and Penalties

• Early Payment Discount: Clients who settle the retainer fee within 48 hours of contract signing are eligible for a discount of up to 5% of the invoice amount.
• Late Payment Penalty: A penalty of $150 USD per day will apply for late payments beyond the agreed-upon terms.

3.3 Consultation Fees

• Rate: $250 USD per hour.
• Availability: Consultations are available as the sole method to reach our advisory team, aside from requesting a quote. You can book a consultation through our platform.

4. Service Delivery

4.1 Communication Channels

• Emails: Reserved for general inquiries only. We do not process deal submissions via email.
• Portal Submissions: All deals must be submitted through our dedicated portal, where our team evaluates them.

5. Client Responsibilities

5.1 Information Disclosure

• Full Disclosure: Clients must disclose all material information related to their transactions.
• Due Diligence: Clients are responsible for conducting due diligence on their transactions unless they request Financely to hire a third-party firm to perform due diligence.

5.2 Documentation and Support

• Offering Documents: Clients must provide all necessary offering documents.
• Deal Sourcing, Financial Modeling, Credit Rating: Unless expressly hired by Financely, clients are responsible for these aspects.

5.3 Liability

• Accuracy of Information: If a transaction fails due to client misrepresentation, nondisclosure of pertinent information, or miscalculations, Financely is not liable.
• Brand Damage: If association with a client damages Financely’s brand, we reserve the right to terminate the relationship for reasons including, but not limited to:
• Conduct that harms Financely’s reputation or operations.
• Engaging in fraudulent or unethical activities.
• Breaching confidentiality agreements.
• Any actions that interfere with our ability to provide services effectively.

6. Termination and Penalties

6.1 Termination by Client

• Break-Up Fee: If a client terminates the contract without honoring the terms, including before paying the $500 USD to $1,000 USD contract fee, a $5,000 USD break-up fee becomes immediately due, along with 2% of the transaction face value.

6.2 Termination by Financely

Financely may terminate the relationship with a client for reasons including, but not limited to:

• Non-payment of fees.
• Misrepresentation or fraudulent activity.
• Breach of Terms of Service.
• Conduct that harms Financely’s reputation or operations.

7. Refunds and Credits

7.1 Retainer Fees

• Non-Refundable: Retainer fees are non-refundable as they cover the work performed by Financely.
• Exceptions: In circumstances where Financely fails to perform due to reasons solely attributable to us, we will offer a partial refund or a credit note applicable to other services, acting in good faith.

8. Limitation of Liability

Financely shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to your use of our services. Our total liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the amount paid by you to us for the services in question.

9. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information disclosed during the course of our engagement and to use such information solely for the purposes of fulfilling our obligations under these Terms.

10. Governing Law

Unless otherwise stated, these Terms shall be governed by and construed in accordance with the laws of St. Kitts & Nevis, without regard to its conflict of law principles.

11. Amendments

Financely reserves the right to modify these Terms at any time. We will notify clients of significant changes through our platform. Continued use of our services constitutes acceptance of the amended Terms.

12. Dispute Resolution

12.1 Arbitration

• Agreement to Arbitrate: Any disputes arising out of or related to these Terms or the use of Financely's services shall be resolved through binding arbitration.
• Arbitration Location: The arbitration shall be conducted in St. Kitts & Nevis.
• Language: The arbitration proceedings shall be conducted in English.
• Arbitration Rules: The arbitration shall be conducted in accordance with the rules of a recognized arbitration body mutually agreed upon by both parties.

12.2 Jurisdiction

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of St. Kitts & Nevis.
• Legal Actions: Notwithstanding the arbitration agreement, Financely reserves the right to initiate legal proceedings in any jurisdiction where the client is located.

13. Acceptance

By engaging Financely’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service as of December 6th, 2024.

Contact Information

For any questions or concerns regarding these Terms, please contact us through our dedicated portal.

Thank you for choosing Financely. We look forward to assisting you with your trade and project finance needs.