E-COMMERCE LENDING SERVICES AGREEMENT
Service Provider:
Company name: Finance & Assets, s.r.o.
Legal address: Zahrebska 562/41, Vinohrady (Praha 2), 120 00 Praha
Registration number: 10743332
Client:
[[FULL_NAME]]
Account number: [[ACCOUNT_NUMBER]]
Address: [[ADDRESS]]
Email: [[EMAIL]]
This Agreement sets out the terms and conditions of the E-commerce lending services concluded between Finance & Assets, s.r.o. (Service Provider) and [[FULL_NAME]] (Client).
1. TERMS
1. Platform: The FinForta online system accessible at www.finforta.com.
2. Client Account: A client account managed and administered by the Service Provider on behalf of the Client.
3. Loan Transactions: Loan-related transfers or transactions selected by the Client through the Platform including Projects.
4. Initial Funds: The monetary amount in EUR or other accepted currency transferred by the Client to the Service Provider for allocation into E-commerce loan projects and related services selected by the Client.
5. Service Period: The duration of the Loan Transactions, service and Project determined in accordance with the terms of the Agreement.
6. Project: Refers to a structured service available on the Platform, where the Client transfers funds to the Service Provider, which are then allocated to E-commerce loan projects. The Project operates under predefined terms that outline its duration, conditions, and expected returns, which may be either fixed or dynamic based on the Project's structure. The specifics of each Project, including applicable risks, returns, and service conditions, are detailed on the Platform.
2. CONSIDERATIONS OF THE PARTIES
2.1. The Client seeks to utilize the services of the Service Provider for the allocation of Initial Funds into e-commerce loan projects and related services. This includes, but is not limited to, the management and facilitation of loan transactions, Project-related financial operations, and the subsequent return of funds upon the completion of the relevant transactions or Projects.
2.2. The Service Provider agrees to provide services including, funds allocation into E-commerce loan Projects, account management, and loan transaction facilitation.
2.3. This Agreement is concluded in consideration of the mutual covenants and obligations stipulated herein.
3. SUBJECT OF THE AGREEMENT
3.1. The Client transfers funds to the Service Provider, which allocates them to the selected E-commerce loan services and Projects.
3.2. The Service Provider agrees to manage the allocated funds per this Agreement and the Platform's User Terms.
3.3. The terms, conditions, and expected returns of the selected services and Projects are specified on the Platform. The Client acknowledges and agrees that this Agreement governs the operation, risks, and potential outcomes of the allocated funds.
3.4. The project is provided by Company name: Finance & Assets, s.r.o. and is identified by Project ID [[INVESTMENT_ID]]. The Project ends at [[END_DATE]], an investment amount of [[AMOUNT]] [[CURRENCY]], and is expected to yield returns at an interest rate of [[RATE]]%.
4. ONBOARDING PROCESS
4.1. By onboarding with the Platform, the Client has agreed to comply with the Platform User Terms and all applicable terms and conditions.
4.2. Identity verification: The Client has provided full name, address, contact details, and verify their identity through Veriff.com or equivalent.
4.3. The Client warrants that all information provided to the Service Provider is true, accurate, and complete and must notify the Service Provider without undue delay if there are any changes in the information.
4.5. Service Provider reserves the right to refuse service if there are reasonable grounds to suspect that the Client's actions may be unlawful, harmful, or otherwise ambiguous in nature.
5. E-COMMERCE LENDING AND FUND MANAGEMENT
5.1 The Client transfers Initial Funds to the designated Service Provider's bank account.
5.2 The Service Provider allocates the Initial Funds into the selected E-commerce loan projects via the Platform and maintains a record in the Client's account.
5.3 Client account is managed by the Service Provider.
5.4 The Service Provider shall provide regular updates on the status of transactions through the Platform.
5.5 The Service Provider is not liable for market fluctuations during the loan period. Any differences arising from market movements shall not give rise to any liability on the part of the Service Provider.
6. LIMITATION OF LIABILITY
6.1 The Client acknowledges that any fluctuations in the value of E-commerce loan assets after allocation are at the Client's risk and responsibility.
6.2 The Client remains solely responsible for ensuring that their own actions related to E-commerce loan fund assets comply with all applicable laws and regulations.
6.3 The Service Provider shall not be liable for any unlawful activities carried out by the Client knowingly or negligently, and the Client agrees to indemnify the Service Provider against any claims or losses arising from such misconduct.
6.4 The Client is solely responsible for fulfilling their tax obligations arising from E-commerce loan fund assets obtained through the Service Provider.
6.5 Loan transactions and the Project constitute an execution-only service. The Client is responsible for all decisions and actions related to the Services.
6.6 The Client agrees and acknowledges that the information and documents provided to the Service Provider are true and accurate, and the Service Provider may rely upon such information and documents. The Service Provider shall not be responsible for any damages or losses arising from any inaccuracies. Additionally, the Client agrees to immediately notify the Service Provider of any changes to the information and documents previously provided and to ensure that all submitted information remains up to date, accurate, and complete.
6.7 The use of the services carries the risk that the Client may lose all assets deposited into their account. Therefore, the Client should not deposit funds that they cannot afford to lose. It is essential that the Client fully understands the risks involved before deciding to engage in the Services, taking into account their financial resources, level of experience, and risk tolerance. If necessary, the Client should seek advice from an independent financial advisor.
6.8 The actual returns and losses experienced by the Client will vary depending on multiple factors, including, but not limited to, market behavior, market movements, and trade size.
6.9 Past performance is not an indicator of future performance.
6.10 The Client must not grant any third party (including minors) access to or control over their account. If the Client elects to provide another person with access to or control over their account, they do so at their own risk, and the Service Provider shall not be responsible for any actions or decisions made by that third party. For example, if the third party places trades resulting in a loss, the Service Provider will not provide a refund for such losses. The Service Provider reserves the right to cancel or reject any orders placed by a third party for security and/or legal reasons.
6.11 Neither Party shall be liable for any failure or delay if such failure is due to Force Majeure events, including acts of God, natural disasters, government actions, war, terrorism, labor strikes, power failures, platform disruptions, cybersecurity attacks, pandemics, or any other unforeseen event beyond the reasonable control of the affected Party.
6.12 The affected Party must notify the other Party in writing as soon as reasonably possible of the occurrence of a Force Majeure event and its expected impact on contractual obligations.
6.13 The Service Provider shall not be liable for any loss, theft, or unauthorized access to the Client's funds resulting from hacking, cyberattacks, or system failures.
6.14 The Client acknowledges and accepts the inherent risks associated with E-commerce lending transactions. Consequently, the Service Provider shall not be responsible for reimbursing the Client for any such losses.
7. OBLIGATIONS OF SERVICE PROVIDER
Upon the conclusion of this Agreement, the Service Provider is obliged to:
7.1 Notify the Client as soon as reasonably practicable of any events that may influence the Service Provider's ability to comply with the terms and conditions of this Agreement.
7.2 Disclose any circumstances that may deteriorate the Service Provider's financial or operational situation, which could impact the execution of its obligations under this Agreement.
7.3 The Service provider may block access to the Client's account or restrict access to the Services if the Service provider believes such action is necessary for security or legal reasons. For example, if the Service provider determines that an unauthorized party may have accessed or is using the Client's account without authorization.
8. TECHNICAL ISSUES AND SECURITY GUARANTEES
8.1 The Service Provider is committed to implementing the highest security standards to protect Client funds, including the use of secure custodial solutions, in accordance with industry best practices.
8.2 The Service provider is not liable for any damages if they arise as a result of the Platform's security breaches or negligence or force majeure.
8.3 The Client shall be informed immediately of any deterioration in the Platform's security situation.
9. DATA PROTECTION AND PRIVACY
9.1 Service Provider is committed to protecting the privacy of individuals involved with the Platform. Personal data will be collected and processed in accordance with Anti-Money Laundering (AML) and Know Your Customer (KYC) policies, as well as the General Data Protection Regulation (GDPR). By submitting personal data, users consent to its processing for purposes of preventing money laundering and confirm their understanding of this policy.
9.2 The Data Protection Officer at Service Provider, including its officers and employees, ensures compliance with GDPR, defines data processing purposes, implements security measures, and conducts impact assessments. They are also responsible for managing data breach notifications and ensuring privacy by default.
9.3 Service Provider may share personal data with regulatory bodies and authorities as required by law or AML policies. Users consent to this data use and may be informed of any disclosures, except in cases where data is shared without consent for legal duties, vital interests, public information, legal proceedings, or anti-money laundering purposes. Users may request the erasure of their data under specific conditions. Queries can be directed to the Data Protection Officer at aml@finforta.com.
10. AML & KYC POLICY: CLIENT IDENTIFICTION AND RISK MANAGEMENT
10.1 The Service Provider implements a robust AML & KYC policy in line with FATF, OECD, and domestic AML legislation.
10.2 Clients are identified through thorough verification of provided documentation, cross-referenced with official registries and public sources, including checks for state official status. Risk levels are assessed during the establishment and continuation of business relationships, assigning a risk status that may result in denial of cooperation for high-risk clients.
10.3 All collected data is processed exclusively for AML purposes, securely maintained for a minimum of five years, and disclosed to third parties only when required by law.
11. CONSENT TO DATA PROCESSING
11.1 The Client consents to the processing of their personal data in accordance with the requirements of the AML & KYC Policy and applicable data protection laws.
11.2 The Client provides consent electronically through the Platform or via other appropriate methods ensuring a clear expression of intent.
11.3 In the event of withdrawal of consent, the Client must notify the Service Provider in writing, after which the continuation of the business relationship will be evaluated.
12. TERMINATION TERMS
12.1 The obligations of both Parties under this Agreement shall cease upon the expiration of the Project, as determined solely by the Service Provider.
12.2 If, upon the Project's termination, the Client's funds are not allocated to a new Project in accordance with this Agreement, the Client shall have the right to withdraw their remaining funds.
13. OTHER TERMS AND CONDITIONS
13.1 Dispute Resolution: Any disputes arising from this Agreement must first be resolved through peaceful negotiations between the Parties.
13.2 If such negotiations fail any dispute, controversy, or claim arising out of or relating to this Agreement—including any issues regarding its breach, termination, or invalidity—shall be settled by arbitration administered by Baltic Regional Arbitration Court (Baltijas Regionala Skirejtiesa) in accordance with its rules and procedures. The arbitration shall be conducted in writing, in the English language, and by a panel of three arbitrators. This Agreement shall be governed by and construed in accordance with the laws of Latvia. In the event that the arbitration clause is deemed unenforceable, invalid, or otherwise inapplicable for any reason, the Parties agree that such disputes shall fall under the exclusive jurisdiction of the courts of the Republic of Latvia, with the applicable laws of Latvia governing the proceedings.
13.3 Language of the Agreement: This E-Commerce Lending Services Agreement has been drafted in the English language.
13.4 Amendment or Modification: This E-Commerce Lending Services Agreement may only be amended or modified through a relevant annex signed by both Parties using the Platform's functionality.
13.5 Severability: If any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, the remaining provisions shall remain unaffected. The remaining provisions will continue to be valid and enforceable as if the invalid or unenforceable part had never been included in the Agreement.
13.6 All written communication between the Parties related to this Agreement, including notices, updates, and any other correspondence, shall be conducted exclusively through The Platform or via email to the designated email addresses provided by each Party. Any communication sent through these channels shall be deemed received upon successful transmission, unless a delivery failure notification is received by the sender. The Parties agree that communication through The Platform and email shall have the same legal effect as written correspondence in paper form.