Surety Bond Content, Consulting And Introductions Terms Of Service (Addendum)
Effective date:
25 April 2022
These Surety Bond Content, Consulting And Introductions Terms Of Service (the “Surety Services Terms”)
govern your access to and use of Financely’s surety-related content and services.
They do not govern bond issuance.
These Surety Services Terms are an addendum to our main Terms of Service located at
https://www.financely-group.com/terms-of-service.
By using our surety-related content or services or by paying any invoice for such services,
you agree to both the main Terms and these Surety Services Terms.
If there is a conflict, these Surety Services Terms control for surety-related content and services.
1. Definitions
“Financely,” “we,” “us,” or “our” means the entity operating this website and providing the services described here.
“Client,” “you,” or “your” means any person or entity accessing our surety-related content
or purchasing our surety-related services.
“Surety Services” means our surety-related content, consulting, preliminary review,
deal file preparation for early market testing, and introductions to third-party surety companies,
brokers, or agents.
“Third-Party Surety Provider” means any independent surety company, broker, agent,
or other external provider to whom we may introduce you.
2. Relationship To The Main Terms
The main Terms of Service at https://www.financely-group.com/terms-of-service
are incorporated into these Surety Services Terms by reference.
These Surety Services Terms apply only to Surety Services.
All other website and service use remains governed by the main Terms.
3. Our Role And Status
We are an independent content publisher and consulting business.
We may introduce Clients to Third-Party Surety Providers.
We are not a surety company, insurer, or bank.
We do not issue bonds.
We do not have authority to bind any surety.
We do not act as your agent for issuance without a separate written agreement stating otherwise.
4. Scope Of Surety Services
Depending on your request, the Surety Services may include:
- Educational content and general market information.
- Initial intake and preliminary review of your stated requirements.
- Preparation or organization of a preliminary deal file for early-stage outreach.
- Introductions to Third-Party Surety Providers that may match your profile and bond type.
- Coordination support during early discussions.
The final scope of any paid engagement is limited to what is stated in your invoice,
proposal, or written confirmation from us.
5. No Guarantee Of Quotes, Limits, Or Issuance
We do not guarantee quotes, pricing, limits, approval, issuance, timing, or claims outcomes.
Any preliminary indication is non-binding and may be revised by a Third-Party Surety Provider
after deeper underwriting.
6. Consulting Fees, Independence From Issuance
Our fees are consulting fees for introduction, preliminary underwriting support,
deal file preparation for early market testing, and early-stage coordination.
Our fees are not contingent upon bond issuance.
You acknowledge that our fees represent fair value for time spent reviewing your request,
organizing a preliminary file, conducting outreach, and arranging introductions
that can reduce trial-and-error and shorten your path to a valid underwriting conversation.
7. Non-Refundable Consulting Fees
All consulting fees are non-refundable once paid.
This includes fees related to introductions, preliminary review, analyst work,
outreach, and documentation organization.
8. Quote Revisions And Additional Invoices
Third-Party Surety Providers may revise initial quotes or requirements after deeper review.
- If initial quotes are revised upward, or if expanded outreach or additional analysis
is required due to changes in the file, bond form, project scope, indemnity structure,
or financial disclosures, we may issue an additional invoice for the added work.
- If initial quotes are revised downward, we may issue a credit note or a refund
at our sole discretion.
9. Use Of External Analysts And Outreach Support
We may engage external analysts, researchers, or outreach professionals to support parts of the Surety Services.
This may include market research, document review assistance, and initial provider outreach.
You agree that such contractors do not represent you and do not have authority
to bind any Third-Party Surety Provider or to make commitments on our behalf beyond the assigned scope.
10. Client Expectations And Cooperation
You agree to provide accurate, complete, and current information relevant to your request,
including financial statements, project details, bond forms, entity documents, and ownership information
where requested.
You agree to respond to reasonable follow-up questions promptly.
You understand that incomplete, inconsistent, or late information can result in delays,
revised pricing, reduced limits, or a refusal by Third-Party Surety Providers.
11. Prohibited Conduct And Immediate Termination
We maintain strict compliance and integrity standards.
We may immediately suspend or terminate your access to Surety Services,
without refund, if we reasonably believe you have engaged in any of the following:
- Providing forged, altered, or misleading documents or statements.
- Misrepresenting financial condition, claims history, backlog, project status, or ownership.
- Requesting a fabricated quote, a guaranteed outcome, or any non-compliant arrangement.
- Pressuring us to approach Third-Party Surety Providers with information you know is incomplete or inaccurate.
- Using our name, content, email, or materials to imply we are the issuer or the surety of record.
- Attempting to route payments through unauthorized channels or using third-party payors without written approval.
- Abusive, threatening, harassing, or unprofessional conduct toward our team or partners.
- Any conduct that creates a legal, regulatory, sanctions, fraud, or reputational risk for us or our partners.
If we terminate services after work has started, all fees remain payable and non-refundable.
12. Third-Party Relationships
Any Third-Party Surety Provider is an independent party.
Your bond transaction, if any, will be governed by that provider’s underwriting process
and its own contracts and disclosures.
We are not responsible for a Third-Party Surety Provider’s decisions, pricing, internal timelines,
collateral requirements, or claims practices.
13. Content Disclaimer
Our surety-related content is provided for general information.
It does not constitute legal, insurance, tax, or financial advice.
You should obtain independent professional advice where appropriate.
14. Liability Waiver
To the maximum extent permitted by law, you release and waive any claims against us
arising from or related to Third-Party Surety Provider decisions, including declines,
revised pricing, reduced limits, increased collateral or indemnity requirements,
delays, or changes in market appetite.
You also waive claims based on reliance on preliminary or informal indications
that were not confirmed in a written scope document issued by us.
15. Limitation Of Liability
To the maximum extent permitted by law:
- We are not liable for indirect, incidental, special, consequential, or punitive damages.
- Our total liability for any claim related to Surety Services is limited to
the consulting fees you paid to us for the specific Surety Services giving rise to the claim.
16. Indemnity
You agree to indemnify and hold us harmless from any claims, losses, liabilities,
costs, and expenses arising out of or related to:
- False, misleading, or incomplete information you provide.
- Your breach of these Surety Services Terms or the main Terms at https://www.financely-group.com/terms-of-service.
- Your misuse of our name, content, or communications.
- Your disputes with any Third-Party Surety Provider.
17. Intellectual Property
All content, templates, research summaries, and materials we provide remain our property
or the property of our licensors.
You may not copy, redistribute, or resell them without our written consent.
18. Suspension
We may suspend Surety Services if you do not provide requested documentation,
if compliance checks cannot be satisfied, or if your conduct falls below the standards
described in these Surety Services Terms and the main Terms at
https://www.financely-group.com/terms-of-service.
19. Governing Law
These Surety Services Terms follow the governing law stated in the main Terms at
https://www.financely-group.com/terms-of-service.
20. Arbitration And Class Action Waiver
The dispute resolution and arbitration framework in the main Terms at
https://www.financely-group.com/terms-of-service applies to these Surety Services Terms.
To the extent the main Terms are silent on a mandatory arbitration process for Surety Services,
you and we agree that any dispute, claim, or controversy arising out of or relating to these
Surety Services Terms or the Surety Services will be resolved by final and binding arbitration.
Unless the main Terms specify otherwise, the arbitration will be conducted:
- In English.
- Before a single arbitrator.
- In the same seat and under the same procedural structure applied in the main Terms where stated.
You and we waive the right to participate in any class action or representative proceeding
to the maximum extent permitted by law.
Either party may seek injunctive or equitable relief in a court of competent jurisdiction
for fraud, misuse of name or brand, or unauthorized use of intellectual property.
21. Updates To These Surety Services Terms
We may update these Surety Services Terms from time to time.
Updated versions will be posted on our website.
Continued use of Surety Services after posting constitutes acceptance of the updated terms.
Surety Market Access With Clear Boundaries
Financely provides surety-related content, preliminary file review, and introductions.
We do not issue bonds.
Our consulting fees are charged for early-stage work and are not contingent upon issuance.
Final underwriting and issuance remain solely with the Third-Party Surety Provider.
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Disclaimer: This addendum explains our surety-related service scope and fee policy.
It does not modify or replace any bond documentation issued by a Third-Party Surety Provider.
Your bond transaction, if any, will be governed by the Third-Party Surety Provider’s
underwriting process and legal documentation.