Terms of Service for Financial Model Consulting
The following terms of service provide thorough information on the dynamic of work between Venture Biz Care LLC. (“us” or “Venture Suite”) and the client (“you” or the “Client”). These terms of service are intended to provide information about the activities involved in developing your customized Financial Model (the “Financial Model”) as well as our mutual commitments regarding the financial information provided and the nature and limitations of the Services. The terms indicated herein shall be legally binding for both parties.
1- Scope of Services
We will prepare your Financial Model after carefully reviewing your present financial situation and business model, based on the information you provide to us and the preparation form we’ll share with you. Our Services include: (i) A scheduled call with Venture Suite’s Financial Team; (ii) The design of a customized Financial Model in accordance with your needs and based upon the historical data provided by you; (iii) a Financial Model in Google Sheets format, compatible with Microsoft Excel; (iv) Tutorial or guide for appropriate use of the spreadsheet; (v) Follow-up via email; and (vi) Up to two additional calls for clarification.
Please note the following exclusions regarding our Services:
Our Services do not include
- We may use references based on publicly available information, or our own experience, but we will not give any recommendations based on the projections you upload or make available to us.
- We will not perform a market study to determine your top market.
- We do not engage in back office or data forensics work regarding your data.
- The specifics of the Services, such as price and estimated delivery time, are detailed during the purchase process.
2- Process
Once you agree to these terms of service and complete the purchase process you will receive an Engagement letter and our proposal indicating the details of the service, price and a Non-Disclosure Agreement (the “NDA”) duly signed. After the purchase process, you will be required to book a kick-off call with our team and upload any information about your business. Once you have completed the purchase process, our Services will be provided as follows:
- Step 1. Upload initial information and fill out the preparation form to get prepared for the kick-off meeting. You will upload and fill out any information and documentation that may be needed for designing your Financial Model.
- Step 2. Kick-off call: You will hold a call with our Financial Analyst, to tell us what we need to know about your business, your background story, and specific requirements or objectives. During the call, our analyst may request information and documentation required for designing the Financial Model.
- Step 3. Review: Our Financial Team will review the information you included on the preparation form and the information provided during the call. We may request additional information deemed to be important. Once our team has all the information required and the preparation form is signed off on we’ll proceed with your Financial model.
- Step 4. Model design: We will create your Financial Model in accordance with the details provided by you in the scheduled call with our Financial Team, as well as the information and documentation you submitted.
- Step 5. Delivery: We will deliver the initial Financial Model draft via Google Sheets, for your approval.
- Step 6. Revision: You may provide feedback regarding the first draft of the Financial Model and our Financial Team will make the corresponding amendments or adjustments. The revised version will be sent to you for approval.
- Step 7. Follow-up: If needed, subsequent to your receipt of the revised Financial Model, you can send any questions or queries to our Financial Team regarding the document.
- Step 8. Additional calls: If needed, you will hold up to two additional calls with our Financial Team, for the purposes of clearing up any remaining doubts you may have in connection to the Financial Model.
3- Information
After your scheduled call with us, you shall provide information and documentation related to your business model, revenue, KPIs, expenses (P&L), and any other aspects of the company that are useful for our Financial Team to design your Financial Model. Your Financial Model will be designed based on the details given to our Financial Team during your scheduled call, and the documentation and information provided by you. Any additional information and documentation, requested by our team during the scheduled call, must be provided during the twenty-four (24) hours following the said call and any information or documentation uploaded afterwards will not be taken into account by our Financial Team in their design process.
The delivery time of the Financial Model will depend on your submission of the initial information needed to start the work. If you have any specific instructions or requirements you wish to be included in the Financial Model, please let our Financial Team know prior to the beginning of the works, at the time the information is uploaded, so it may be designed in strict accordance with your needs. Any specifications not listed at the time the information is uploaded or during our scheduled call, as well as any vague or unclear instructions will not be taken into consideration by our Financial Team. Our Financial Team will design your Financial Model based on the amount of revenue lines quoted and on the information uploaded and filled out by you. You acknowledge and agree that all materials and information you provide to us are accurate and complete and that we will, without independent verification, rely on them for the purpose of providing the Services. Venture Suite shall not bear any responsibility or have any liability for such materials or information. Our engagement is not designed to discover errors, irregularities, illegal acts, or misrepresentations made in the information or materials provided to us.
Our Financial Team will not make any changes to your Financial Model (either the first draft or the final version) to adjust it to any information, documentation, materials or assets you failed to provide in due time.
4- Proprietary Rights
You hereby warrant that: (i) you own all rights, titles, and interest in, or have full right and authority to permit the use of the information submitted for the provision of our Services; (ii) the use of this information does not infringe the rights of any third party; (iii) you are in compliance and will remain in compliance with any licensing agreement in relation to any of the information; and (iv) the supply of such information by you and its use by Venture Suite for the purposes of the provision of the Services will not infringe any rights held by any third party, involve the unauthorized use of confidential information belonging to a third party or result in the breach by you or Venture Suite of any law, regulation, intellectual property right or agreement.
You shall indemnify and hold Venture Suite harmless from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand or action by a third party alleging intellectual property rights infringement on the information provided by you and included in the Financial Model.
For the sole purpose of providing the Services, you hereby grant Venture Suite a non-exclusive, non-transferable license to use the project assets solely in connection with the Financial Model.
5- Fees
Our fees for the Services are based on the model features required by you and detailed during the sales process. The Financial Model will be designed based on said features. If you should require any additional features or consultation calls, additional costs will be applicable. In the event you should require any of the above, please contact our Agency team so we can provide a quotation.
6- Revisions and Deliverables
The delivery time will depend on the purchased Services. The Financial Model needs are defined by the project assets you upload and any details regarding your business model provided on our Scheduled Call. Regarding the Financial Model, once you have received the first version, and following your revision, we may make modifications or adjustments associated with formula errors or new KPI tracking and visualization.
However, revisions do not include the incorporation of any new ideas or features not previously contemplated in the information provided by you in accordance with section 3 above. Revisions of the Financial Model do not include any amendment or revision of the content since such content is deemed to have been previously submitted and approved by you. The Client’s contact person (as established in section 7 below) will be in charge of requesting any changes and approving the project deliverables. If the contact person is changed by the Client during the project, the new contact person will only be allowed to request the changes detailed above. After the first version of the Financial Model is sent, you will have up to two (2) weeks to respond with feedback, once that time has passed the project will be placed on hold, and will no longer be available for any future revisions and will be considered as accepted by you. After 3 weeks the files will be permanently and irreversibly deleted from our database.
As part of the Services, the Financial Team will generate deliverable files for you. These include the final draft of the Financial Model, which is considered to be the culmination of any and all revisions performed as part of the Services. Once the final draft is delivered, the project is labelled as completed and no new edits are available under that request.
No further support will be provided from Venture Suite after the additional optional calls mentioned in step 9 of Section 2 above. However, if following two (2) weeks from the delivery of the revised Financial Model we receive no feedback, due to your failure to contact us, we will provide no further support regarding said Financial Model. The final deliverable file format is a Google Sheet, compatible with Microsoft Excel. Any failure by you to provide all the necessary information will affect the date by which any potential files will be delivered.
7- Our Team's Schedule
Our working hours are Monday to Friday, 10:00 a.m. to 7:00 p.m. Eastern Time. If the purchase is made outside of our office hours the delivery deadline will begin to run the next business day at 10:00 am Eastern Time. However, our Financial Team needs to have all the information in order to begin. Therefore, if after our Scheduled Call you still need to share extra files with us, the delivery time will only start once our Financial Team has received said files. This delivery deadline applies to the first draft of the Financial Model and not for the final version.
The estimated delivery time of the final version will be as detailed in the previous section of these terms of service.
Our Services include email communications only, no calls are scheduled as part of the Services, except for the scheduled call with our Financial Team prior to beginning the model design, and the planned follow-up calls to settle any remaining doubts if needed. If at a later point any other means of communication are deemed necessary by our Financial Team, booking them will depend on the Financial Team’s availability and will be scheduled on a case-by-case basis.
8- Disclaimer
In providing the Services, we will not (i) be providing you with the advice of any description in relation to the Services contracted; (ii) be carrying out any assessment on the information you provided, and (iii) be endorsing or encouraging the making of any financial decision based on the Financial Model. We will only provide you with a tool to assist you in your decision-making process and are not recommending you carry out any particular course of conduct.
By designing your Financial Model, you acknowledge we are not in complete understanding of your entire internal financial structure, therefore, we are not in a position of identifying any risks, errors, irregularities, or illegal acts that may exist. Furthermore, you acknowledge you are responsible for adopting safe accounting policies, maintaining an adequate accounting system for safeguarding assets and retaining supporting documentation for the transactions carried out by you, as well as designing an internal control system able to assure the proper maintenance of financial statements. You agree that we shall have no liability of any nature, whether in contract or otherwise, for any loss or damage of any description incurred by you or any third party arising directly or indirectly as a result of or in connection with the Services except to the extent that such liability cannot lawfully be excluded or limited.
9- Non-disclosure of Information
All information or documentation provided by the Client to Venture Suite shall be considered confidential information, including but not limited to: concepts, diagrams, drawings, database, spreadsheets, know-how, investment plans, marketing plans, sales plans, business plans, marketing strategies, trade secrets, and any other technical, accounting, legal and/or commercial information. Therefore, Venture Suite commits to maintain it under strict confidentiality and in consequence not reveal, trade or disclose, in whole or in part, the confidential information provided by the Client.
Our Financial Team works under a non-disclosure agreement, to ensure that your content is kept confidential at all times. Once the project is completed and delivered, Venture Suite’s Financial Team will no longer have access to your Financial Model, and all your information will be permanently and irreversibly deleted from our database.
Any information, advice, recommendation and other content of any report, presentation or other communications that we provide under the Services, are for your internal use only. Notwithstanding the above, you may disclose a deliverable, or refer to us in connection with the Services, provided that you hold Venture Suite harmless and indemnify Venture Suite to the fullest extent permitted under applicable law, against any and all expenses and liabilities reasonably incurred by us in connection with or arising out of any action, claim, suit or proceeding established by or related to any third parties with which you decide to share our deliverable or any part thereof, notwithstanding the general understanding that they are not intended for such third party, but solely for your benefit and use, in which Venture Suite may be involved by reason of such disclosure (such damages, expenses, and liabilities to include, but not be limited to judgments, court costs, and attorneys ’fees and the cost of reasonable settlements). If you disclose a deliverable (or portion thereof), you shall not alter, edit or modify it from the form provided by us. You shall inform those to whom you disclose the deliverable that they may not rely on it for any purpose without our prior written consent.
10- Service Cancellation, Issuing of Refunds and Indemnification
The Services may be cancelled at any time prior to the moment our Financial Team starts working on your Financial Model. That means you can request the cancellation of the Services up to twenty-four (24) hours following the scheduled call. If the cancellation of Services happens at this moment, we may issue a partial refund of your purchase. The amount of the partial refund will be determined at our sole discretion based on the time incurred by our Financial Team on your project.
If the cancellation of the Services happens at any time after the moment indicated above and our Financial Team has started to work on your Financial Model, no refunds will be issued under any circumstances. Furthermore, you acknowledge that our Services are provided in accordance with your objectives, instructions, and the information you have provided in due time and that you rely on our team’s expertise for designing your Financial Model, therefore, no refunds will be issued due to creative differences that may arise between you and Venture Suite. Venture Suite will have no obligation to indemnify the Client if the deliverable does not meet the Client’s expectations.
11- Relationship between the Client and Venture Suite and No Exclusivity
The provision of Services pursuant to these terms of service is not intended to create any agency, partnership, employment or joint venture relationship between you and us. Furthermore, the provision of our Services does not create an exclusive relationship between you and us. Therefore, we are entitled to offer and provide our Services to other clients, without limitation.
12- No Assignment
These terms of service are not assignable or transferable without our prior written consent.
13- Force Majeure
We will not be liable for any delay in our delivery times due to causes beyond our reasonable control, including but not limited to delay caused, directly or indirectly, by fire, flood, earthquakes, other elements of nature, labour shortage or dispute, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, pandemics, communications line or power failures, governmental acts or laws, court orders, and regulations imposed after the fact, or acts of third Parties.
14- Point of Contact
During the purchase process, you will be required to appoint a point of contact for the project. All communications between Venture Suite and the Client will be managed directly with the contact point through the email address provided by you during the purchase process. If for any reason, the Client requires to change its point of contact, it should notify Venture Suite indicating who will be the new point of contact and his/her email address. No more than two points of contact will be allowed during the revisions process.
15- Governing Law
All matters relating to this engagement letter, the Proposal and the provision of our Services, as well as any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. If any dispute arises between us, you agree to first try in good faith to settle such dispute through non-binding mediation.
Any legal suit, action or proceeding arising out of, or related to, this engagement letter or our Services shall be instituted exclusively before the federal courts of the United States or the courts of the State of Delaware. By accepting the terms and conditions detailed in this document, you waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
For any inquiries about our ToS, please contact us at agency@venture-suite.com
