Policies
Engagement And Refund Policy
Effective Date: 1 January 2021. Last Updated: 20 December 2025.
This policy governs paid consultations, RFQs, retainers, advisory mandates, and related professional services provided by Financely.
By paying any invoice, retainer, RFQ fee, or consultation fee, the client agrees to this policy in full and confirms they have authority to bind the client entity.
1) Definitions
Client
The person or entity purchasing services, including its officers, directors, employees, agents, and beneficial owners acting in connection with the engagement.
Financely
The advisory and structuring provider delivering professional services, including work performed by its employees and approved subcontractors.
Services
Advisory, structuring, underwriting support, documentation review, market outreach, counterparty coordination, and related professional work performed on a best efforts basis.
Third Party Costs
Direct costs incurred for the engagement, including legal, diligence, appraisals, insurance underwriting, KYC services, translations, filings, courier, trustee or agent fees, and bank processing costs.
2) Scope And Operating Principles
Financely is an advisory and structuring firm. Financely is not a bank, lender, insurer, surety, broker dealer, or investment adviser.
Financely does not accept deposits, does not custody client funds, and does not issue Letters of Credit, guarantees, policies, bonds, or financial instruments.
Fees are paid for professional services performed on a best efforts basis, including analysis, structuring, documentation work, coordination, and outreach.
Any issuance, funding, allocation, approval, or underwriting decision is made solely by regulated counterparties and third parties under their own policies and documentation.
3) Fee Types And Refundability
3.1 Consultation Fees
Consultation fees purchase scheduled professional time and preparation and are non-refundable once the session is delivered.
If the client cancels with at least 24 hours notice, Financely may, at its discretion, offer a reschedule within 30 days.
No refund is available for no-shows or late cancellations.
3.2 RFQ Fees
RFQ fees cover preliminary review and triage, including a high-level feasibility read and initial routing decision.
RFQ fees are non-refundable once review begins.
If Financely declines the file before initiating any review work, Financely may refund the RFQ fee in whole.
3.3 Retainers
Retainers reserve Financely capacity and fund execution work. Retainers are non-refundable once work begins.
Work begins when any of the following occurs: data room checklist is issued, documents are reviewed, underwriting notes are produced, drafts are edited, outreach is initiated, or any third party is engaged.
Retainers are not outcome-contingent. A retainer is not a promise of funding, issuance, approval, pricing, or timeline, and it is not a promise that any third party will proceed.
3.4 Milestone Fees
If an engagement includes milestones (for example, underwriting pack, term sheet draft, lender panel outreach, or closing coordination), milestone fees are earned as those deliverables are produced.
Milestone fees are non-refundable once the corresponding milestone work begins.
3.5 Success Fees
Success fees, when applicable, are payable only upon a defined success event stated in the engagement letter or mandate.
Success fees are not refundable once triggered and paid.
3.6 Third Party Costs
Third party costs are always non-refundable once incurred, even if the engagement is later terminated, delayed, declined, or restructured.
Financely may require deposits for third party costs before incurring them.
4) What Cannot Be Refunded
The following items are not refundable except where required by applicable law:
- Fees tied to time already spent, meetings already held, or work already performed.
- Retainers after work begins, as defined in Section 3.3.
- Third party costs once incurred, committed, or paid, including non-cancellable deposits.
- Bank, issuer, trustee, agent, legal, diligence, or compliance charges paid at cost.
- Fees where the client provided incomplete, inaccurate, misleading, or inconsistent information.
- Fees where the file becomes ineligible due to sanctions, KYC failure, adverse media, fraud concerns, or prohibited activity concerns.
- Fees where delays or failure are caused by third party decisions, counterparty refusal, market conditions, or client non-responsiveness.
5) Limited Refund Scenarios
Financely will consider a refund only in narrow cases where there is a clear, documented failure by Financely to deliver the paid scope of work, and the failure is directly attributable to Financely.
A refund is a remedy of last resort. Financely may first offer corrective performance, replacement deliverables, or a revised timetable.
Scenario A: Work Never Started
If a retainer is paid and Financely does not begin work within 10 business days due solely to Financely internal scheduling failure, the client may request a refund of the retainer less any third party costs already incurred.
If work has started, this scenario does not apply.
Scenario B: Material Non-Performance
If Financely materially fails to deliver the agreed scope described in a signed engagement letter, and the client is current on all payments and has met all responsibilities, Financely may offer a partial refund.
Any refund is pro-rated based on work completed and deliverables already provided.
How Pro-Ration Works
If a partial refund is approved, Financely will calculate it using a work-completed basis, which may include: time logs, produced deliverables, drafts, memos, outreach records, calls held, and third party coordination performed.
Third party costs are excluded from any refund calculation.
6) Client Covenants And Expectations
Financely can only perform efficiently with decision-grade inputs. The client agrees to:
- Provide complete, accurate, and timely information and documents, including corporate documents and beneficial ownership information when requested.
- Disclose all material facts that could impact credit, compliance, counterparty acceptance, or documentation.
- Maintain an available decision maker for approvals, signatures, and commercial decisions.
- Respond to information requests within reasonable timeframes aligned to the engagement timetable.
- Not instruct Financely to misstate facts, conceal information, fabricate documents, or bypass compliance controls.
Abandonment And File Closure
If the client is unresponsive for 30 consecutive days, the engagement may be treated as abandoned.
Financely may close the file, and all fees paid to date remain earned and non-refundable.
Re-activation, if accepted, may require updated diligence and a new retainer.
7) Chargebacks And Payment Disputes
Chargebacks and payment disputes through a card issuer, bank, or payment platform are prohibited unless required by applicable law.
If the client initiates a chargeback after services have started, it is a material breach.
Financely may immediately suspend services, freeze deliverables, and pursue recovery of amounts due, including reasonable costs of collection and legal fees.
8) Refund Request Process
Refund requests must be submitted in writing and must include sufficient detail to evaluate the claim.
Financely will not consider informal or verbal requests.
Step 1: Written Notice
The client must submit a written notice describing the request, identifying the disputed fee, and tying the request to the signed scope of work or invoice description.
Step 2: Supporting Evidence
The client must provide emails, deliverables, and timeline evidence. Requests that rely on opinions without documentation are typically declined.
Step 3: Remediation Window
Financely may propose corrective performance or replacement deliverables within a defined timeframe. Refusal of reasonable remediation may result in a denial.
Step 4: Decision
Financely will issue a written decision within 10 business days after receiving all required information.
If more information is needed, the review clock pauses until received.
Request Timing
Refund requests must be submitted within 14 calendar days of the event giving rise to the request, or within 14 calendar days of delivery of the disputed deliverable, whichever is earlier.
Requests submitted later may be declined.
9) Settlement Release And No Lawsuits Condition
Any approved refund is offered only as a settlement of disputed matters, not as an admission of fault.
As a condition to receiving any refund, the client must sign a Release And Settlement Agreement.
The Release And Settlement Agreement will include, at minimum:
- A release of claims against Financely and its personnel relating to the engagement and fees in question.
- A covenant not to sue relating to the engagement and the refunded amounts.
- A confidentiality obligation regarding settlement terms, except where disclosure is required by law.
- A confirmation that the refund is full and final settlement for the matters described in the request.
If the client refuses to sign the Release And Settlement Agreement, no refund will be issued.
10) Governing Law And Dispute Resolution
This policy and any dispute arising from it are governed by the laws of St. Kitts & Nevis, excluding conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to this policy or the engagement will be resolved by arbitration under the LCIA Rules.
The seat of arbitration will be London, and the language will be English.
Financely may seek injunctive relief, specific performance, or collection actions in the courts of St. Kitts & Nevis where appropriate.
11) Policy Changes And Version Control
Financely may update this policy from time to time.
The version posted on Financely channels at the time of payment is the version that governs that payment, unless a signed engagement letter states otherwise.
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If you are planning a real transaction and want a structured, issuer-ready process, request a quote and share your documents. We work on a retained basis and proceed only where the file can be defended in front of decision makers.
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Disclaimer: This policy is for general information and commercial clarity and does not constitute legal advice. Financely does not provide legal services. Where a signed engagement letter or mandate exists, that document controls to the extent of any inconsistency. Financely is not a bank and does not issue financial instruments or provide credit. All services are provided on a best efforts basis, subject to KYC and AML review, sanctions screening, counterparty requirements, and third party decisions.