Terms and Conditions
This Agreement is made between Fund Wise Investments LLC, a subsidiary of Al‑Tijari Capital, with its registered office at Al Hamra Tower, 48th Floor, East Maqwa, Kuwait City, and our client, an [individual or entity].
Fund Wise Investments LLC, a subsidiary of Al‑Tijari Capital, is authorized to provide financing advisory and capital‑structuring services. The Client wishes to appoint Fund Wise to arrange and advise on funding solutions in accordance with the terms and conditions set out in this Agreement.
- Fund Wise Investments LLC, a subsidiary of Al‑Tijari Capital (“Fund Wise”), will provide funding advisory and related capital‑structuring services to the Client as set out in this Agreement.
- Financing advisory and structuring: Fund Wise will assist the Client in assessing its funding needs, identifying suitable sources of finance, and recommending appropriate structures for business loans, project funding, infrastructure funding, and other financing solutions. Fund Wise may support the Client in preparing relevant documentation, financial models, and presentations required by lenders or financing partners.
- Arrangement of funding: Subject to separate agreements where required, Fund Wise may assist the Client in approaching banks, financial institutions, investors, or other funding providers, and in negotiating key commercial terms. Any decision to enter into a financing arrangement, and the terms of such arrangement, will remain the sole responsibility of the Client and the relevant funding provider.
- Performance and progress reporting: Fund Wise will provide the Client with reasonable updates on the progress of funding mandates, including status of discussions with potential financiers and key developments relevant to the engagement. The frequency and format of such updates will be agreed between Fund Wise and the Client in writing.
- General financial guidance: Fund Wise may provide the Client with general guidance and recommendations on matters related to funding strategy, capital structure, repayment considerations, and risk awareness. Fund Wise does not provide personal investment management or securities portfolio management services under this Agreement, and nothing herein shall be construed as constituting regulated investment management of a securities portfolio.
2. Fees and Expenses
The Client will pay Fund Wise the fees agreed in writing for the services provided under this Agreement. Such fees may include retainers, success‑based fees, arrangement fees, advisory fees, or other charges as specified in the applicable engagement letter, mandate, or schedule agreed between the parties.
The Client will also reimburse Fund Wise for any reasonable and necessary out‑of‑pocket expenses incurred in connection with the services under this Agreement, which may include, without limitation, travel costs, external advisory fees (where pre‑approved by the Client), documentation costs, and other third‑party charges. Fund Wise will provide the Client with an itemized statement of such expenses where appropriate or as otherwise agreed.
Details regarding fees, charges, and any other costs associated with Fund Wise Investments LLC’s services are outlined in the fee schedule or engagement documentation provided to clients. Clients are responsible for reviewing, understanding, and adhering to the fee structure applicable to their specific services.
3. Term and Termination
This Agreement will commence on the date of execution by both parties and will continue in force until terminated in accordance with this section or any specific term stated in an engagement letter or schedule. Either party may terminate this Agreement at any time by giving written notice to the other party, subject to any notice period agreed between the parties.
Upon termination, Fund Wise will cease to provide services under this Agreement, except for any obligations that expressly or by their nature survive termination. The Client will pay any outstanding fees, charges, and reimbursable expenses due to Fund Wise up to the date of termination, including any success or completion fees that have been triggered in accordance with the applicable engagement terms.
4. Liability and Indemnity
Fund Wise will exercise reasonable care, skill, and diligence in providing the services under this Agreement and will act in good faith in its dealings with the Client. However, Fund Wise does not guarantee that funding will be secured on any particular terms or at all, and will not be liable for any failure of third‑party funders or market conditions outside its control.
Fund Wise will not be liable for any indirect, consequential, special, or punitive loss or damage suffered by the Client arising out of or in connection with this Agreement, except to the extent such loss or damage is directly caused by Fund Wise’s gross negligence, fraud, or willful misconduct, and only to the extent permitted by applicable law.
The Client will indemnify and hold harmless Fund Wise and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to (i) the Client’s breach of this Agreement, (ii) the Client’s provision of inaccurate, misleading, or incomplete information, or (iii) the Client’s failure to comply with applicable laws and regulations in connection with any financing arrangement entered into by the Client.
5. Confidentiality and Data Protection
Fund Wise will treat as confidential all information provided by the Client or obtained by Fund Wise in connection with the services under this Agreement, and will not disclose such information to any third party without the Client’s prior written consent, except where disclosure is required by law, regulation, regulatory authority, court order, or is necessary for the proper performance of the services (for example, to potential funders or professional advisers, subject to appropriate confidentiality obligations).
Fund Wise will comply with applicable data protection laws and regulations and will take reasonable measures to safeguard the security and privacy of the Client’s personal data. The Client consents to Fund Wise’s use of the Client’s information for the purposes of performing the services under this Agreement, communicating with the Client, conducting internal analysis, and improving the quality of Fund Wise’s services.
The Client also consents to Fund Wise’s disclosure of the Client’s information to its parent company Al‑Tijari Capital, affiliates, service providers, regulators, or other parties where necessary or appropriate for the performance of the services under this Agreement or as required by law or regulation.
6. Funding Risks and Disclosures
All financing arrangements involve risk, including but not limited to repayment obligations, interest rate risk, refinancing risk, and potential impact on the Client’s cash flow and business operations. Past availability or terms of funding do not guarantee future outcomes. Fund Wise provides clients with information and general guidance regarding potential funding options; however, the Client is responsible for carefully reviewing all terms and conditions of any financing agreement entered into with third‑party funders.
Clients are strongly encouraged to seek independent legal, tax, accounting, and financial advice before entering into any financing or loan agreement. Fund Wise does not provide legal or tax advice and is not responsible for the ultimate commercial decisions made by the Client.
7. Governing Law and Dispute Resolution
This Agreement and these Terms and Conditions are governed by the laws of Kuwait. Any disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, will be subject to the exclusive jurisdiction of the courts of Kuwait, unless the parties agree in writing to an alternative dispute resolution mechanism.
8. Amendments to Terms and Conditions
Fund Wise Investments LLC reserves the right to update or modify these Terms and Conditions from time to time, subject to applicable law. Clients will be notified of any material changes, and continued engagement or use of our services after such notification will constitute acceptance of the revised terms.
9. Contact Information
For inquiries or concerns regarding these Terms and Conditions or the services provided under this Agreement, please contact Fund Wise Investments LLC at support@fundwise.ae.
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Al Hamra Tower 48th floor East MaqwaKuwait City, KWT
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