Privacy Policy
PART A
Website Terms of Use
- Acceptance of Terms
By accessing and using the Forcastra website at forcastra.com (the “Website”), you agree to be bound by these Terms of Use. If you do not agree, please discontinue use of the Website immediately.
- Nature of Content and Services
The content on this Website is provided for general informational purposes only. Nothing on this Website constitutes financial, investment, legal, or professional advice. Forcastra LLC is registered as a business consulting firm and does not operate as a licensed investment advisor, broker-dealer, or regulated financial intermediary under US federal or state law.
All valuations, assessments, and information provided through our free diagnostic service are preliminary and indicative in nature. They should not be relied upon as a definitive basis for any investment, acquisition, or transaction decision. Forcastra makes no representations as to the accuracy, completeness, or suitability of any information on this Website for any particular purpose.
- Intellectual Property
All content on this Website, including text, graphics, logos, and materials, is the property of Forcastra LLC and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, modify, or use any content for commercial purposes without our prior written consent.
- Limitation of Liability
To the fullest extent permitted by applicable law, Forcastra LLC, its members, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from your use of or inability to use this Website, or any reliance on its content. Our total aggregate liability to you in respect of your use of this Website shall not exceed one hundred US dollars ($100).
- Disclaimer of Warranties
This Website is provided on an “as is” and “as available” basis without warranties of any kind, express or implied. We do not warrant that the Website will be uninterrupted, error-free, or free from harmful components.
- Governing Law
These Website Terms of Use are governed by the laws of the State of Wyoming, United States. Any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Wyoming.
PART B
Service Terms and Conditions
- Application
These Service Terms and Conditions (“Service Terms”) apply to all professional engagements between Forcastra LLC (“Forcastra”) and any client (“Client”) for the provision of business consulting, M&A facilitation, and finance business partnering services. These Service Terms, together with the relevant engagement letter or statement of work, form the entire agreement between the parties. In the event of any conflict, the engagement letter takes precedence.
- Nature of Services
Forcastra provides business consulting services including M&A facilitation, financial due diligence, commercial diligence, valuation analysis, acquisition readiness, and finance business partnering. Forcastra is not a licensed broker-dealer, investment advisor, or regulated financial intermediary. Our services are provided solely as business consulting services. Nothing in our services constitutes regulated investment advice, a solicitation to buy or sell securities, or a guarantee of any particular transaction outcome.
- Fees and Payment
3.1 Retainer Fees
Where agreed in the engagement letter, a monthly retainer is payable in advance of each month of service. Retainer fees cover services rendered during that month and are non-refundable once the service period has commenced.
3.2 Success Fees
A success fee is payable upon the successful completion of a transaction as defined in the engagement letter. The success fee is calculated as a percentage of the total transaction value as agreed. No success fee is payable if a transaction does not complete.
3.3 Tail Period
If a transaction completes within twelve (12) months of the termination of an engagement with a party that was introduced or identified during the engagement period, the full success fee remains payable.
3.4 Invoicing and Payment
All invoices are payable within fourteen (14) days of the invoice date unless otherwise agreed in writing. Forcastra reserves the right to suspend services in the event of overdue payments.
- Client Obligations and Information Accuracy
You agree to provide Forcastra with accurate, complete, and up-to-date information as reasonably required for the performance of our services. Forcastra will rely on information provided by you and by third parties without independent verification of its accuracy or completeness unless expressly agreed otherwise in the engagement letter.
You acknowledge that the quality and accuracy of our work product is dependent on the quality and accuracy of information provided to us. Forcastra accepts no liability for errors, omissions, or inaccuracies in our work that result from inaccurate, incomplete, or misleading information provided by you or any third party. By engaging our services, you confirm that you have the authority to share the information you provide to us and that such sharing does not breach any obligation owed to any third party.
- Confidentiality
Each party agrees to keep confidential all non-public information received from the other party in connection with the engagement and not to disclose it to any third party without prior written consent, except as required by law or regulation.
Where Forcastra facilitates introductions between buyers and sellers, information about either party will only be shared with the other party following execution of a Non-Disclosure Agreement. You consent to this process by engaging our M&A facilitation services.
These confidentiality obligations survive termination of the engagement for a period of three (3) years.
- Limitation of Liability
Forcastra’s total aggregate liability to you under or in connection with any engagement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by you to Forcastra under the relevant engagement during the twelve (12) months immediately preceding the event giving rise to the claim.
In no event shall Forcastra be liable for any indirect, consequential, special, exemplary, or punitive damages, including without limitation loss of profit, loss of revenue, loss of business, loss of data, or loss of anticipated savings, even if Forcastra has been advised of the possibility of such damages.
Forcastra does not guarantee the completion of any transaction, the achievement of any particular valuation or outcome, or the accuracy of any third-party information provided in connection with our services. All valuations, assessments, and recommendations constitute advisory opinions only and are not representations of fact.
Nothing in these terms excludes liability for fraud, fraudulent misrepresentation, or any other liability that cannot be lawfully excluded.
- Intellectual Property
All work product, models, reports, and materials produced by Forcastra in connection with an engagement remain the intellectual property of Forcastra until all fees have been paid in full. Upon receipt of full payment, ownership of such materials transfers to the Client for the purposes of the relevant engagement.
- Termination
Either party may terminate an engagement by providing thirty (30) days’ written notice to the other party. Forcastra may terminate immediately in the event of non-payment of fees or material breach by the Client. Termination does not affect accrued rights, including the right to receive fees for work completed to the date of termination and the tail period provisions in Clause 3.3.
- Dispute Resolution
The parties agree to attempt to resolve any disputes through good faith negotiation before resorting to formal legal proceedings. These Service Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States. Any disputes that cannot be resolved through negotiation shall be subject to the exclusive jurisdiction of the courts of Wyoming.
- Entire Agreement
These Service Terms, together with the relevant engagement letter or statement of work, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior agreements, representations, understandings, and negotiations.
- Severability
If any provision of these Service Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Service Terms shall otherwise remain in full force and effect.
- Amendments
Forcastra reserves the right to update these Service Terms from time to time. Clients will be notified of material changes in writing. Continued engagement following such notification constitutes acceptance of the updated terms.