Terms and Conditions
Welcome to Cap Expand Partners, a financial service company. This document outlines the terms and conditions that govern the use of our services. Please read these terms and conditions carefully before using our services. By using our services, you agree to be bound by these terms and conditions.
“Cap Expand Partners” refers to the financial service company, its affiliates, agents, directors, employees, shareholders, successors, and assigns.
“Services” refers to all services offered by Cap Expand Partners, including, but not limited to, investment advice, portfolio management, and financial planning.
“User/Users” refers to any person or entity that uses the Services offered by Cap Expand Partners.
“Affiliates” of the Client or the Company include third parties and includes natural or legal persons who are not a User.
Cap Expand Partners offers a range of financial services to its Users. These services are designed to assist Users in making informed decisions about their financial investments. Cap Expand Partners strives to provide accurate and timely information, but cannot guarantee the accuracy, completeness, or timeliness of the information provided. Users are responsible for verifying the accuracy of the information and should seek additional information from other sources when making financial decisions.
Scope of Work
Unless stated otherwise, our services and fees do not include a formal opinion on the valuation of the User's company or a valuation report. We do not provide any legal, tax, technical or related services. We will discuss with you and advise you as necessary on your proposed negotiating strategy with Capital Source(s). Where we negotiate on your behalf, you remain responsible for determining your own negotiating position and taking all decisions on how to proceed with the Transaction. All information prepared and distributed to (potential) Capital Source(s) will be your responsibility and Cap Expand Partners will act as an advisor only. We accept no responsibility for (the content of) these materials.
Reliance on Information
You will use all reasonable skill, care, and attention to ensure that all information we may reasonably require to perform the service is provided to us on a timely basis by you and is accurate, complete, and not misleading. You will also notify us if you subsequently learn that the information provided is incorrect or inaccurate or otherwise should not be relied on.
While the Engagement may involve an analysis of financial information and accounting records, the Engagement does not include an audit or review in accordance with generally accepted auditing or review standards of the Company’s existing business records. Accordingly, we assume no responsibility and make no representations with respect to the accuracy or completeness of any information provided by and on behalf of you.
Unless agreed otherwise, all services provided by Cap Expand Partners are offered on an exclusive basis. We only provide financial services to our clients and do not act as a broker or agent for any third-party financial institutions or products. Our clients can trust that our advice and recommendations are based solely on their best interests and financial goals.
Fees and Payments
Cap Expand Partners charges fees for the Services it provides. The fee schedule for each Service is available upon request. Cap Expand Partners reserves the right to change the fee schedule at any time, with prior notice to the User. Invoices should be paid within 14 days, unless otherwise agreed. Any objections to invoices should be made within this period or will be considered null. In the event of a default in payment, Cap Expand Partners shall have the right to recover the outstanding amounts not only from the contracting party but also from its affiliated entities.
The capital-raising process often extends beyond the initial fundraising stage. While the primary goal is to secure the required capital from Investors, it frequently involves ongoing supervision and staged disbursements tailored to the User's needs within the Transaction. This ensures that the capital is used wisely.
Cap Expand Partners, recognizing the dynamic nature of this process, incorporates trailing rights into its agreements. These rights are activated after an investor agrees to fund the User. Cap Expand Partners will receive its Success Fee for any subsequent capital contributions, which are part of the tranche arrangements outlined in the engagement terms.
Key points regarding Trailing Rights:
• Trailing Rights duration is either 24 months or until the last disbursement
• These rights are applicable only to investors introduced to the User by Cap Expand Partners.
Cap Expand Partners reserve the right to promote their involvement in the Transaction as the exclusive financial advisor to the Client upon completion, including the use of the Client’s name. In case a press release is issued, the Client will mention Cap Expand Partners as their exclusive financial advisor during the Transaction.
All intellectual property rights, including trademarks, patents, copyrights, and trade secrets, relating to the Services and any information or materials provided by Cap Expand Partners, are the property of Cap Expand Partners or its licensors. Users may not use the intellectual property of Cap Expand Partners for any purpose without the express written consent of Cap Expand Partners.
Limitation of Liability
Cap Expand Partners shall not be liable for any losses or damages that may result from the use of its Services. This includes but is not limited to, losses or damages arising from errors, omissions, or inaccuracies in the information provided. Cap Expand Partners shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of its Services.
The User agrees to indemnify, defend, and hold harmless Cap Expand Partners and its affiliates, agents, directors, employees, shareholders, successors, and assigns from any claims, damages, or expenses arising from the User's use of the Services.
Termination of Services
Either the Client or Cap Expand Party may terminate the Services at any time, with or without cause, by providing a thirty (30) day written notice. This termination is subject to an applicable follow-on right.
Should a Transaction be finalized with a party identified by Cap Expand Partners within 24 months post-termination of the Services, Cap Expand Partners will be entitled to its predetermined Success Fee.
The follow-on right does not apply if the Services are terminated by a User due to gross negligence or a significant fault attributable to Cap Expand Partners.
These terms and conditions shall be governed by and construed in accordance with the laws of Belgium. Any dispute arising from these terms and conditions shall be resolved in accordance with the laws of Belgium.
Cap Expand Partners reserves the right to modify these terms and conditions at any time, with prior notice to the User. The continued use of the Services following any amendment shall be deemed to be acceptance of the amendment. In the event of a discrepancy between an Agreement with a User and these Terms and Conditions, the Terms and Conditions shall prevail.
Matters Beyond Our Reasonable Control
By entering into this Agreement, the parties hereto agree that it is impracticable to make provision for every contingency (such as, without being exhaustive, delay in rendering the services or other) which may arise out or is related to the Covid 19-pandemic and/or related governmental decisions, and the parties hereby agree it to be their intention that this Agreement shall operate between them with fairness and diligence and without substantial and disproportionate prejudice to the interests of either and that if in the course of the performance of this Agreement unfairness or substantial and disproportionate prejudice to either party occurs, then the parties will use their best endeavors to agree upon such action as may be necessary to remove or modify such unfairness or prejudice.
If you have any questions or concerns regarding these terms and conditions, please contact Cap Expand Partners at Waterstraat 45, 3770 Riemst, Belgium or email@example.com.
Acceptance of Terms
By using the Services of Cap Expand Partners, the User agrees to be bound by these terms and conditions. If the User does not agree to these terms and conditions, the User should not use the Services of Cap Expand Partners