Terms of Service

1. Who We Are and How to Contact Us

Company: Capital Five Partners

Address: Level 3, 100 Dorcas Street, South Melbourne VIC 3205, Australia

Phone: (03) 7034 4721

Email: [email protected]

Website: capitalfive.com.au

Our Core Services

We specialize in the following areas:

• Asset Protection
• Business Advice
• Succession & Legacy Planning
• Tax Advisory
• Transactions

2. Relationship and Engagement Terms

It is important to understand that website usage does not create a client–advisor relationship. Instead, professional services commence only after you accept our written Engagement Letter/Proposal setting out scope, fees, timelines, responsibilities, assumptions, and special conditions. In cases where there are inconsistencies, the Engagement Letter prevails over these Terms.

Your Obligations

Additionally, you must provide timely, complete, and accurate information, and notify us promptly of changes that may affect our advice.

3. Nature of Information and Advice

General Website Information

First and foremost, the website provides general information and does not constitute legal, tax, accounting, or financial product advice.

Tailored Professional Advice

In contrast, professional advice is tailored to the scope, facts, and assumptions in your Engagement Letter and is current as at the date provided. Consequently, it may not suit other purposes or circumstances.

4. Fees, Invoicing, and Payment

Fee Structures

Fee structures (fixed, hourly, retainer, success-based components) will be specified in your Engagement Letter or proposal. Unless stated otherwise, fees are exclusive of GST and reasonable out‑of‑pocket expenses.

Payment Terms

Invoices are payable by the due date on the invoice. Moreover, we may charge reasonable late payment interest and suspend or terminate work for non‑payment. In addition, scope changes or additional work will be discussed and agreed as fee variations.

5. Client Responsibilities and Dependencies

Information and Access

To ensure successful outcomes, you must provide accurate, complete, and timely information and access to stakeholders. Furthermore, you should review deliverables and provide prompt feedback or approvals.

Compliance and Timelines

Additionally, you must ensure your own compliance with applicable laws and industry rules. However, timelines may depend on your inputs and third parties (regulators, counterparties, advisors); therefore, we are not responsible for delays beyond our control.

6. Confidentiality and Privacy

Our Commitment to Confidentiality

We treat your confidential information with care and use it only to provide services or as required by law. Specifically, personal information is handled per our Privacy Policy. By using our site or engaging us, you consent to that handling.

Your Confidentiality Obligations

Similarly, you agree not to disclose our confidential information, methodologies, or non‑public materials without prior written consent.

7. Conflicts of Interest

We maintain processes to identify and manage conflicts. If a conflict arises, we will inform you and discuss steps such as information barriers, obtaining consent, or declining/ceasing the engagement. In this way, we ensure transparency and maintain professional standards.

8. Intellectual Property

Our Intellectual Property Rights

We retain IP in our methodologies, tools, templates, know‑how, and pre‑existing materials. However, upon full payment, we grant you a non‑exclusive, non‑transferable license to use deliverables for your internal business purposes, subject to third‑party rights.

Website Content Protection

Furthermore, website content, trademarks, logos, and other assets are owned by or licensed to Capital Five Partners. Therefore, do not copy, reproduce, translate, adapt, or distribute except as permitted by law or with our permission.

9. Use of the Website

Acceptable Use

You must use the website lawfully; specifically, do not damage, disable, or impair it or interfere with other users.

Website Updates and Third-Party Links

Please note that we may update or change the website and its content at any time. However, we do not guarantee availability, accuracy, completeness, or currency. Additionally, third‑party links are provided for convenience; nevertheless, we are not responsible for their content or practices.

10. No Warranties; Limitation of Liability

Website Disclaimers

To the maximum extent permitted by law (including the Australian Consumer Law), the website is provided “as is” and “as available” without warranties of any kind, and all implied warranties are excluded.

Professional Services Liability

For professional services, our liability is limited to the scope expressly agreed in your Engagement Letter. Moreover, we are not liable for indirect, special, incidental, or consequential loss, or loss of profit, revenue, data, goodwill, or business interruption.

Maximum Liability Cap

If liability cannot be excluded, it is limited to (at our option) resupplying the services or paying the cost of resupply.

11. Professional Standards and Reliance

Our Service Standards

We deliver services with reasonable care and skill consistent with applicable professional standards.

Restrictions on Third-Party Use

However, deliverables are for your internal use and the specific purpose stated in the Engagement Letter. Accordingly, do not provide them to third parties or permit third‑party reliance without our prior written consent.

12. Compliance, KYC, and Sanctions

We may require identity, ownership, and source‑of‑funds information to comply with laws (including AML/CTF and sanctions). Consequently, we may suspend or cease work to meet legal or ethical obligations.

13. Term, Changes, Suspension, and Termination

Updates to Terms

We may update these Terms at any time by posting a revised version on our website. Continued use constitutes acceptance.

Ending the Engagement

Either party may suspend or terminate an engagement per the Engagement Letter (including for uncured material breach or non‑payment). Upon termination, you must pay all fees and expenses incurred up to the termination date. Furthermore, each party must return or destroy confidential information subject to lawful retention obligations.

14. Indemnity

You indemnify us and our personnel against claims, losses, liabilities, damages, costs, and expenses (including reasonable legal costs) arising from your breach of these Terms or the Engagement Letter, inaccurate or incomplete information you provide, or your unlawful or negligent acts or omissions. However, this indemnity does not apply to the extent caused by our gross negligence, fraud, or wilful misconduct.

15. Electronic Communications and Signatures

You consent to electronic communications, electronic delivery of documents, and electronic signatures in connection with our services. This approach enables efficient and timely service delivery.

16. Force Majeure

We are not responsible for delay or failure to perform due to events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, labour disputes, cyber incidents, or failures of utilities or telecommunications. In such circumstances, we will make reasonable efforts to resume normal service as soon as practicable.

17. Governing Law and Jurisdiction

These Terms and any non‑contractual obligations are governed by the laws of Victoria, Australia. Furthermore, the courts of Victoria have exclusive jurisdiction.

18. Severability; No Waiver

If any provision is invalid or unenforceable, the remaining provisions remain in full force. Additionally, failure to enforce a right is not a waiver of that right.

19. Contact

For questions about these Terms or to raise a concern, contact:

• Address: Level 3, 100 Dorcas Street, South Melbourne VIC 3205
• Phone: (03) 7034 4721
• Email: [email protected]