Financely: Engagement & Refund Policy

By engaging the services of Financely ("the Company") and remitting any payment, the client ("the Client") acknowledges, understands, and agrees to be unequivocally bound by the terms and conditions stipulated herein. This policy constitutes a material part of the engagement agreement between the Company and the Client.

Article 1: Schedule of Fees & Refund Policy

1.1 Consultation & RFQ Fees

Fees for initial consultations are for the procurement of professional time and are non-refundable. The fee for a Request for Quote (RFQ) submission is for preliminary analysis. This RFQ fee is refundable only in the specific event that Financely, in its sole discretion, determines it cannot proceed with the transaction after its initial review. In all other cases, the RFQ fee is non-refundable.

1.2 Retainer Fees

All retainer fees are non-refundable upon payment, unless expressly stated otherwise in a fully executed engagement letter. Retainer fees secure the Company's resources for undertaking preparatory work, which includes but is not limited to: in-depth analysis, strategic planning, documentation review, and preliminary capital matching. The Client acknowledges that retainers are not contingent on a specific outcome(e.g., funding approval) and that the Company's work commences immediately upon receipt of said retainer.

1.3 Service Non-Performance

A refund will only be contemplated in the event of a material failure by Financely to deliver the agreed-upon scope of work, for reasons solely and directly attributable to the Company. In such an instance, Financely, at its absolute and sole discretion, may offer a partial or full refund. Any such refund will be pro-rated based on the extent of work completed and shall exclude any third-party costs incurred. No refund shall be issued if non-performance is a result of Client actions or external factors as outlined in Article 2 and 3.

1.4 Prohibition of Chargebacks

The Client expressly waives any right to initiate a chargeback or similar payment dispute with their financial institution. Any disputes must be addressed directly with the Company. An unauthorized chargeback constitutes a material breach of this agreement, and Financely reserves the full right to pursue legal action to recover the disputed amount plus any associated costs, including legal fees.

Article 2: Client Covenants & Expectations

2.1 Client Responsibilities

The success of any engagement is contingent upon the Client's adherence to the following covenants. The Client agrees to:

  • Provide complete, accurate, and timely documentation and information as requested.
  • Ensure key personnel are available for communication and decision-making.
  • Not engage in misrepresentation or non-disclosure of any material information.
  • Fulfill all financial obligations, including fee payments, as stipulated.

2.2 Engagement Abandonment

If the Client fails to respond to Company communications for a period of thirty (30) consecutive days, the engagement will be considered abandoned by the Client. In such an event, Financely reserves the right to terminate the engagement immediately, with all fees paid to date forfeited and non-refundable.

Article 3: Disclaimers & Limitation of Liability

3.1 Best Efforts & No Guarantee of Outcome

Financely agrees to use its commercially reasonable best efforts to perform the advisory services outlined in the engagement agreement. However, the Company is an advisor and not a lender. As such, Financely makes no representation, warranty, or guarantee of a successful transaction, funding approval, or any other specific financial outcome. Payments are for advisory services rendered, not for a guaranteed result.

3.2 Waiver of Liability

The Client hereby agrees to waive, release, and hold harmless Financely, its directors, officers, and employees from any and all liabilities, claims, or damages arising from or related to the services provided, except in cases of gross negligence or willful misconduct by the Company. Financely shall not be held liable for failures or delays resulting from external factors beyond its direct control, including but not limited to, regulatory changes, market volatility, or third-party (e.g., lender) decisions.

This policy is subject to change without notice. The version posted on our website at the time of engagement shall be the governing version.