Terms & Conditions

WORDS & PHRASES USED IN THIS DOCUMENT:

For the avoidance of doubt or misrepresentation, terms used within this document are set forth and defined as follows;

 "Agent(s)" or "Broker of Record" : means an appointed person or corporation to work with or represent Novex Global Capital under an External Agent Agreement and one who introduces parties to Novex Global Capital for intended business transactions. They do not carry authority of Novex Global Capital. "Associated Parties" : means any bank, investment group, provider, supplier, fund or person or body corporate in communication with Novex Global Capital. 

"Best Endeavours" : means the taking of all such reasonable steps as due skill and expertise may require to attain the specified objective but not so as to import an undertaking that such specified objective shall or will be achieved. 

"Broker" : means where Novex Global Capital acts within a transaction not as principal or investor but as an intermediary or consultant between principal and an Associated Party or Provider, remunerated by fees and commissions under a Mandate, Instruction, Terms and/or any other agreement if applicable including Commission Agreements.

 "Commission Agreement" or "Fee Agreement" : means an Agreement entered into between Novex Global Capital and Principal that protects commission and fee payments that may fall due payable to Novex Global Capital. 

"Custodian Facilities" : means a services offered by Novex Global Capital where Novex Global Capital (or its Associated Parties) offers secure housing or storage of an asset on behalf of its owner or keeper. 

"Expert Partners" : means third party experts that may be called upon to undertake a work of a specific nature. To include without limitation, accountants, appraisers/assayers, auditors, surveyors, valuer's, legal professionals and professionals of a specific field. 

"Facility" : means an agreement or documentation committing and/or establishing a contract or other formal arrangement including (but not limited to) loan facilities, funding arrangements, structures and investor agreements and may be subject to satisfaction of the agreed terms and conditions as set out therein.

 "Facility Provider" : means any bank, investment group, provider, supplier, fund or person or body corporate who provides the Facility to the principal.

"Mandate" or "Instruction" : means any Mandate, Term Sheet, formal instruction letter and/or any form of written agreement, issued by Novex Global Capital to a Principal, Agent, outlining a set of duties or tasks or may set out a Facility that has been identified an/or is being offered to the Principal. 

"the principal(s)" : means a party as may be defined in covering correspondence attached hereto and who is the party contracting to Novex Global Capital and who will be the recipient or beneficiary of a Facility. 

 "Special Information" : means any facts figures or statistics, reports, analyses, formulae, negotiations, concepts, abstract detail, access to sources and special contracts, arrangements and any information related to the special project and to considerations and any and all information that is judged by the parties of secret and / or confidential nature, in the operation of those businesses and whereby knowledge of such special information might be used to diminish the values or interests of the parties. 

"third party" : means any entity corporate or persona which is neither the principal or Company or Novex Global Capital in an Instruction. 

"the business(es)" : means all such activities as may be lawfully conducted by Novex Global Capital in pursuit of its objectives. "the transaction(s)" : means any contract or arrangements entered into by (or with) Novex Global Capital with the principal and/or a third party or Associated Parties within the framework of a Facility.

 "Quotation" or "indicative terms" : means an indication or estimation of terms or cost quotation relating to any proposed Facility and is non-binding and that presents the principal with an illustration of a Facility that is being contemplated. The clause and paragraph headings in this Instruction are for ease of reference only and shall not be taken into account in the construction or interpretation of the clause or paragraph to which they refer. 

Words importing the singular meaning where the context so admits, include the plural meaning and vice versa. Words of the masculine gender include the feminine and neuter genders and words denoting natural persons include corporations and firms and all such words shall be construed interchangeable in the manner.

Words denoting an obligation on a party to do any act matter or thing include an obligation to procure that it be done and words placing a party under a restriction include an obligation not to permit infringement of the restriction.

THE CONDUCT OF Novex Global Capital 

Novex Global Capital carries out the business of financiers, facilitators and consultants. 

Novex Global Capital reserves the rights to enter freely into agreements with third-parties and introduced parties with the objective of undertaking its business and equally reserves the rights to refuse third parties and introduced parties should it decide that the business under discussion is not suitable for Novex Global Capital at the time in question, without recourse. 

The conduct of business of Novex Global Capital does not include banking, investment or securities trading. We do not hold third-party funds, nor do we offer investment advice or facilitate the management of assets. We are not regulated by FINMA or any other Swiss financial regulatory SRO and have been given permission by FINMA for non-regulated business.

 Novex Global Capital and its officers, directors, and employees are not traders, banking officers or government employees; nor are they affiliated with, or endorsed by, any banking institution, government or government agency. 

Novex Global Capital does not render investment or legal advice and makes no warranties or representations as information provided.

Novex Global Capital shall communicate its business primarily in the international business language of English. Any translations appended to its documents, agreements, contractual paperwork or other publications either private or public, shall be made for ease of use only and the English language version shall prevail. 

Novex Global Capital is a Belgium Registered Company, incorporated in Brussels. Any business conducted with Novex Global Capital is conducted under the laws of the Belgium. 

DEALING WITH Novex Global Capital

 All parties entering business transactions with Novex Global Capital will be required to provide statutory information on themselves, their companies, beneficial owners and directors by completing a Client Information Profile Form (or other forms as may be applicable). Agents introducing parties to Novex Global Capital will be required to file this information on their customers behalf. 

Novex Global Capital reserve the rights to undertake due diligence investigation on all parties being introduced to it for the first time, including verifications of identities of the principal members and beneficial owners. The rights of refusal to enter into any transaction(s) are retained by Novex Global Capital. 

Novex Global Capital shall enter into business with an introduced party on the basis as may be described in covering correspondence. When transacting business with Novex Global Capital, the terms and conditions herein stipulated shall prevail.

ENTERING INTO CONTRACT WITH Novex Global Capital 

Novex Global Capital aims to provide all necessary documentation, agreements and contracts expressly and in good time. Documents are issued to our counter-parties directly or to their advisers, legal advisers or Agents if we are co-ordinated to do so. 

Novex Global Capital reserves the right to withdraw and otherwise terminate any agreement or contract that has been issued and has not been executed within a ten calendar day period, save where additional time has been agreed in writing and/or in covering correspondence that is duly signed by an authorized signature of Novex Global Capital.