Legal

USER AGREEMENT

By signing our retainer/service agreement, engaging our professional/management services, visiting our website/office/s, and accessing the information, knowledge, procedure, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our retainer/service agreement. These Terms and Conditions are subject to change at the sole discretion of FITJVC without any prior notice. You acknowledge and agree that it is your responsibility to review this User Agreement (available on our website) periodically to familiarize yourself with any modifications. Your continued use of our site/services after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

1. FITJVC reserves the right not to provide any service without the client agreeing to our terms and conditions as set out here. These terms and conditions govern the provision of all services rendered by FITJVC associated with the administration of private funding and trade funding advisory and consulting services for their clients, including project funding, business/project report writing, market research, strategic planning, business analytics and business analysis, project management, business development, management services, and other ancillary services. All orders made by our clients are subject to the terms and conditions set out herein.
2. All the information/procedure explained is believed to be reliable based on the current facts & figures but is not guaranteed and intended for educational purposes only and should not be considered an authoritative guide on how to obtain private funding sources for project, trade funding, advisory and management consulting services, mergers, and acquisitions advisory, business development, project management, globally expansion, personal or business development, and resources management with any prejudice on FITJVC.
3. FITJVC or any of its associated or affiliated businesses, cannot accept any obligation and responsibility for any risk, loss, damage, or inconvenience caused by reliance on this content or any errors or omissions.
4. FITJVC acts as a Business Consultant assisting in business-related services only as mentioned in the scope of services of the signed retainer agreement.
5. The objective of the Company is to assist in preparing, presenting, and providing consultancy advice, recommendations, and assistance in starting or acquiring a qualifying business to the best of their knowledge and skills in compliance with the guidelines, and procedures of the respective private funding sources.
6. FITJVC doesn’t constitute any representation, warranty, or guarantee of any kind whatsoever, and will not stand liable for any direct or indirect loss, loss of profit, personal / business opportunities, emotional disturbances, special or consequential damages arising out of or in connection with any delay in performance or non-performance due to whatsoever the reason may be.
7. FITJVC relies on an outside vendor for website hosting and some technology solutions. FITJVC is not responsible for any website downtime or service interruptions associated with any technology problem(s), Internet problem(s), or any other type of problem(s) and is in no way obligated to make monetary reimbursements or refunds for any reason.
8. FITJVC in no way provides any legal, accounting, or tax advice relating to the purchase or sale of any business or assets, the hiring of any service advertiser, or the purchase of any products advertised on the website or making any private funding investment or offshore trade funding decisions. We strongly advise the users to consult with independent third parties prior to their engagement and commitment.
9. The case is accepted considering the eligibility of the Client on the day of acceptance and signing of this Agreement. The Company shall not be liable or held responsible for any retrospective changes in the laws, policies, procedures, and regulations that may affect the service. No claims can be entertained in this regard.
10. FITJVC will not be held responsible for costs/damages incurred due to a delay in the performance/non-performance of the service due to any reason whatsoever it may be.
11. The final decision on any service is based on the sole discretion of the concerned private funding sources and is beyond the control or influence of the Company. In case of rejection, the client will be responsible for bearing all fees & expenses to process the concerned matters.
12. Unless otherwise expressed, FITJVC expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
13. FITJVC will use and rely on information and documents provided by the client, which should be true, valid, legal, and correct in all respects. Bogus, false, or misleading information or documents, including documents of identity, is a criminal offense and the Company is not responsible for any liabilities or actions whatsoever.
14. It is the client’s responsibility to provide us with all required information and documentation concerning an proposal. This may include but is not limited to documentation from third parties such as partners, family, employers, sponsors, assessment bodies, educational bodies, etc. If the required documentation does not meet the requirements of FITJVC and other governing bodies, we retain the right not to engage that service until we have received all the required information in order to do so. FITJVC will not independently verify or assume responsibility for the accuracy or completeness of such documents or information.
15. The Client shall notify the Company of any change in address & contact details or if there is any change in the Client’s circumstances, which may affect the proposal.
16. The Client agrees to submit his/her documents to the Company within the time frame communicated and in its required format. The company has a right to stop its services in case requirements are not satisfactorily fulfilled and the Company will not be responsible for any future claims from the Client as well.
17. The Client agrees not to exert pressure on the company to lodge their service(s). Should the Client exert excessive pressure on the Company, the Company reserves the right to terminate the Client Contract and payments made by the Client to the Company are not refundable.
18. The Company has advised the Client not to start or commence the project, leave employment, or finalize business or personal matters of whatsoever nature until written advice or approval has been received from the respective private funding sources.
19. The relevant service process stages will only commence after the Company has received the full amount of the applicable payments.
20. The Client agrees and understands the Company is only a consultancy firm and cannot give any type of guarantee for obtaining the appropriate approvals.
21. Our fee may need to be changed without prior notice based on external price/cost variations.
22. Any processing times shown on promotional materials are standard/average processing times. Any processing times advised by FITJVC through its different channels should be used as a guide only.
23. The Client hereby understands and acknowledges the fact that the Consultant is not a tax advisor, tax attorney, legal consultant, or attorney at law.
24. FITJVC is not liable for any costs arising from any action or inaction of any authority, government & non-government body associated with any service or indeed for the non-provision of service from any third party associated with the process or delivery, which may result in a proposal or any part in the proposal process being delayed or refused as a result.
25. FITJVC will not be held responsible should the private funding sources or any other third party change their rules, regulations, or processing requirements even if that change has a direct effect on the timeline for delivery.
26. If the Client decides to withdraw or cancel the service after signing this Agreement the Company shall not be liable for any refund of advisory fee, engagement fee, administrative fees or consulting fees and will have every right to recover any balance of payment or fees due from the Client as per the Schedule of Fees of the Company.
27. The service charges or consultancy fee is not refundable regardless of the outcome of the Client’s service.
28. A private funding sources may decide to review a proposal/project in the destination country rather than at the local representative. This decision is at the discretion of the private funding sources, and it is not something that would be known in advance by FITJVC hence would not be responsible for any delay/losses of whatsoever nature.
29. FITJVC cannot influence any decision made by any respective private funding sources, any requests for additional information before finalizing a proposal, any delay by any private funding sources in the processing of a proposal/project, or a decision to refuse/reject an proposal.
30. The terms of an investment or funding for the project are exclusively at the discretion of the investor or private funding sources. The term might not be as extensive as the client intended or anticipated. Likewise, the exclusive authority to choose the timeline for the project funding is provided by private funding sources. This time frame may be scheduled earlier than the client’s requested or anticipated date. The term of any investment or funding accordance, and furthermore the time frame for a funding process set by an investor or private funding source, are not within the control of FITJVC. There is no influence or authority over FITJVC to change this term or date.
31. FITJVC will not be liable for any proposal being refused nor any additional costs arising from such a refusal (including travel costs) should situations of conflicting information between private funding sources arise.
32. FITJVC strives to use its best endeavors to process all services within the timelines committed/advertised and to minimize any delay or inconvenience that may arise. However, FITJVC doesn’t guarantee any time guidelines for any proposal and will also not be held responsible for any damages which may include but are not limited to the cost of flights, rent of accommodation, hotel booking, and loss of earnings or any other costs incurred due to a delay in proposal processing by private funding sources or whosoever.
33. The client acknowledges the fact the FITJVC has explained/educated him to the best of their knowledge about the procedure and requirements of the services (plan/package) for which he/she is requesting. And the Company cannot be held responsible for any misunderstanding/misinterpretation hereafter.
34. FITJVC cannot start service until it has complete documentation as outlined in the registration pack and any subsequent documentation requested by FITJVC from the main applicant.
35. FITJVC cannot be held responsible for any expense and/or delay arising from incomplete proposal forms, inaccurate/false or incomplete information provided, or inaccurate/false or incomplete supporting documentation.
36. FITJVC is not responsible for proposal that have become ineligible because of changes in policy at any stage of the process. Any service that is not started with the private funding sources may also be affected by changes in policy.
37. Certain documentation required for services may be valid for a certain period of time and become invalid thereafter (for example financial report, valuation, assessment results, clearance reports). It is the client’s responsibility to ensure that the documentation provided to FITJVC at the time of submitting an advisory and consulting service is valid and within date.
38. Should you choose to purchase any of the services offered by FITJVC, either electronically or via the telephone; and wish to settle payment for that service by either bank draft, cheque, credit card, debit card, or bank transfer, you acknowledge that you agree to the FITJVC terms of service. You acknowledge that you are responsible for any additional fees that may be required to facilitate the consulting or ancillary service.
39. FITJVC will not provide any service until payment has been made to FITJVC in full for that service. FITJVC is not responsible for any repercussions of not providing the service in question.
40. FITJVC will not be responsible for accepting any refund claim in case any of the private funding sources may change any policy during the process timings.
41. Fees paid to FITJVC are non-refundable should you withdraw a service that you have kept on hold for a period longer than 3 months, even if that proposal might have never been submitted to the private funding sources.
42. FITJVC reserves the right, at its discretion, to change service providers or any other parties involved in providing any of our ancillary services/products as deemed appropriate by FITJVC.
43. In the event of loss or damage to any important or sensitive documents received, FITJVC accepts no liability for consequential loss.
44. FITJVC shall not be held responsible under any circumstance to compensate you for any loss, damage, or delay of important documents by any third-party private funding sources / attorneys/ courier/ delivery Company.
45. The provision of Consultancy services from FITJVC to a client ends as soon as the scope of services is completed. No further work or services will be provided or included from FITJVC to the client as part of the service provision unless already included in the original contract.
46. Correspondence between any vendors and FITJVC with regard to any service is strictly confidential and is not subject to further distribution to third parties (including main applicants).
47. The duties and obligations of both the parties towards the other party and/or to any third party are limited to the terms and conditions of this agreement only.
48. Any Fee / Amount paid by the Client to the Company will only be through a cheque under the name of “FITJVC” or through Bank Transfer or a Credit Card Payment and the Company will not be responsible for any cash transaction under any circumstances.
49. Non-compliance with standard procedures may result to non-Claimable service suspension.
50. Payment of services is due prior to the start of any advertising service. According to the periodic billing plan you choose, Business Broker, Agent, Consultant, and other Directory membership accounts/listings are considered subscriptions that will be billed to your credit card on an ongoing basis.
51. All the content, logos, drafts, blogs, trademarks, and service marks are the intellectual property of FITJVC. Any unauthorized reproduction is strictly prohibited.
52. The use of the site, its content, listings, and any other area is strictly prohibited for our direct or indirect competitors, nor shall you provide, disclose, or transmit any portion of the Site to any direct or indirect competitor of ours. In case you need to work with us, you need to choose our affiliate program and that is subject to approval.
53. You agreed and will be fully liable to indemnify and keep us indemnified against all claims, liabilities, losses, damages, costs, and expenses of any kind or character, whether director or incidental, including without limitation court costs, reasonable attorneys’ fees, expert witness fees, interest, fees, and penalties incurred by us as a result of your use of this Site.
54. FITJVC is a privately held single-member firm and is not regulated or affiliated by any financial services authority or other such regulatory body and you are strictly prohibited from offering any form of bonds, securities, collective investment schemes, financial advice, or any similar such arrangements.

AGREEMENT VALIDITY 

The agreement will be considered as executed in the scenarios like:

• Completion of Agreement: Scope of services rendered and/or final determination is announced.
• Termination of the Agreement at Will: If the Client wants to withdraw the service, cancel the agreement, or discharge the Consultant from its responsibilities.
• Breach of Agreement: Any breach of the clause of this agreement and/or commitment.
• Restriction to Execute: In any force majeure condition, limitations from the private funding sources, or any other situation where the execution of service is restricted or limited.
• Pause or Stop of Services: If the Client wants to pause or stop the services and doesn’t resume the process or remains not in positive contact for 90 days.

Termination of the Agreement

This Agreement shall continue in full force and effect until either party may terminate this in the following circumstances:

a) for cause, upon providing 45 days written notice to the other party.

b) without cause, upon 120 days’ written notice to the other party.

c) Any restrictions/limitations imposed by the private funding sources in conducting the business.

d) For the purposes of this clause, “cause’ shall include, but not be limited to:

1. One of the parties having committed an act of fraud or having engaged in dishonesty or serious misconduct.
2. One of the parties having breached any of the terms of this agreement.
3. Any dispute among the parties, which is not settled and may impact the business operations and continuity.
4. Client makes a delay/stops covering business expenses or cost of doing business, Business suffers or continues to suffer losses, and/or Client reaches its investment capacity/budget or due to any reason except force majeure conditions, plans / decides to pause, delay or shut down business operations.
5. Consultant fails to perform its duties of Management Services or causes negligence or incompetency.

• At the time of termination of the agreement:

a) all the services as per the terms of the agreement will cease.

b) any time during or after the termination, both parties agreed to maintain the confidentiality of Confidential Information.

c) All the intellectual property of the Business used or created by the Consultant will remain in the custody/property of the Consultant or its affiliates.

 d) Notwithstanding anything to the contrary contained herein, all the payments, compensation, and fees accrued/due till the date of termination, must be cleared within 30 days from the date of termination.

Business Risk

Client hereby understands that the creation and potential growth of the Client’s business carries financial and other risks. Client hereby understands that business is a volatile venture that is subject to numerous business risks, including but not limited to:

• a changing legal environment in which regulations can emerge or change that affects the commercial sale of products or render of service.
• economic changes that affect consumer spending, the emergence of recessions due to economic and other issues (including public health issues), and the like.
• changes in the popular appeal of and demand for different types of products and services.
• changes in federal or state laws and regulations, which can materially affect or even interfere with the marketability of the Client’s business or its products and services.
• market forces, including increased and changing levels of competition for any given product or service from other businesses in the market.
• unforeseen events, force majeure, public health concerns, and other external events that could affect the performance of any business.

Client hereby understands that there are no guarantees made by the consultant or otherwise as to the business’s sales, income, or profitability at any time, and acknowledges that Client is at risk of a total loss of his / her or its investment.

The client acknowledges the substantial risks generally involved with any business. Client recognizes that there is a possibility that subsequent to the execution of this Agreement, Client may discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed, and which if known by Client at that time may have materially affected Client’s decision to execute this Agreement. By operation of this Agreement, and in particular the disclaimers of consultant contained in the preceding subsections, Client assumes any and all risks of such unknown facts and such unknown and unsuspected claims and expressly releases Consultant for any liability which Consultant could have had in connection therewith in the absence of the release herein provided by Client to Consultant. Consultant encourages Client to only invest funds that Client can afford to invest in an illiquid basis over a longer term and perhaps ultimately lose, and to consult Client’s legal and/or business advisors prior to investing in the business.

NON-COMPETITION

Client acknowledges that during the Term of this Agreement Client will have access to Consultant’s Confidential Information which, if disclosed, could assist in competition against consultant by third parties. Client recognizes the highly competitive nature of Consultant’s business, services, and trade secrets, and that Consultant conducts its business physically and/or electronically, through digital media, and social media, both locally and throughout the United States. Therefore, Client agrees that the following restrictions on Client’s activities are necessary to protect the goodwill, Confidential Information, and other legitimate business interests of Consultant, which restrictions are fair and supported by adequate consideration: shareholders, employees, Non-Competition, agents, the Term members of the Agreement, and for two (2) years following the termination of this Agreement (the “Restricted Period”), Client shall not be involved, directly or indirectly, whether as owner, partner, investor, consultant (paid or unpaid), agent, employee, co-venturer or otherwise, with any business that manages, operates, or promotes such or similar business/es or business transactions directly, indirectly or on behalf of third parties anywhere in the United States, regardless of whether Client is physically located within the United States or outside of the United States.

During the Restricted Period, Client agrees that it will not, directly, or indirectly through another Person:

• induce or attempt to induce any employee or contractor of the consultant to leave the employ or contract of the consultant, or in any way interfere with the relationship between the Consultant and any of its employees or contractors, or
• induce or attempt to induce any customer, supplier, client, distributor, vendor, licensee, or other business relation of the consultant to cease doing business with the Consultant, or in any way interfere with the Consultant’s relationship with any such party.

Declaration

I/We hereby declare & acknowledge that the details & documents furnished during the service procedure are true and correct to the best of my knowledge and belief and I undertake to inform you of any changes therein, immediately. In case any of the above information is found to be false untrue misleading or misrepresenting, I am aware that I may be held liable for it. I/We hereby authorize the sharing of the information furnished on this form with FITJVC and read and agree to the terms and conditions set by the company.