These general terms and conditions ("the terms") apply to all services provided by Qonfin AB ("Qonfin" or "we" or "us") in your business operations. By entering into an agreement with us, you are deemed to consent to these terms.
Qonfin is under the supervision of the Swedish Financial Supervisory Authority and is registered as a financial institution. Read more:
Qonfin offers support for your business operations when you wish to seek financing from banks, credit market companies, investors, or other types of financiers ("lenders"). The intention is to provide you with external expertise and resources and to assist you in preparing financing materials for credit applications. No transactions will be handled through Qonfin, and all contacts regarding credits will be directly managed between the lender and you. The same applies to future disbursements (loans) to you as well as repayments and interest payments. Therefore, the company, without acting as a lender, will provide assistance to a borrower for compensation before a credit agreement is entered into. The company does not engage in any advisory activities.
The terms shall apply to all aspects and parts of an assignment, even if the assignment involves various tasks such as consultation on financing, support for management, and preparation of financing materials.
Qonfin is registered with the Swedish Financial Supervisory Authority as a financial institution whose registrable activity consists of brokering credit to companies. Qonfin does not provide tax advice or any other form of business or personal advice regarding the business decisions. Therefore, we do not bear any responsibility for potential tax or business-related consequences of the decisions you make.
According to the law, we are obligated to comply with anti-money laundering regulations and verify our customers' identity and ownership structure, as well as be informed about the purpose and nature of the assignment. Typically, such information should be provided by you before the assignment can begin, but we may also require additional information from you during the course of the assignment. In the event that satisfactory information and documentation are not obtained, we have the right to decline or withdraw from an assignment.
Qonfin is the data controller for the personal data we receive in connection with the assignment. Information about our processing of personal data can be found in our Privacy Policy, available on our website (www.qonfin.se).
Unless you request otherwise, our communication with you and other stakeholders in an assignment will take place through physical meetings, telephone calls, or email. Electronic communication carries risks in terms of security and confidentiality. Moreover, there is a risk that legitimate emails may be filtered out, which is why important emails should be followed up by phone or SMS. Considering the risks associated with electronic communication, we assume no responsibility for such risks. Please inform Qonfin if you prefer communication methods other than email.
The specific content and scope of our assignment may be outlined in a written engagement letter. The engagement letter will be sent via Scrive or physical mail and will be signed physically or digitally using Swedish BankID. However, the nature and scope of the assignment may change during the course of the assignment, depending on your instructions or the conditions applicable to the assignment at any given time. Our services are designed based solely on the conditions, facts, and instructions presented to us in the specific assignment.
Intellectual property rights to the outcome of the assignment, whether completed or not and in whatever form the outcome exists, belong to Qonfin. However, you have the right to use the results for the purposes for which they were produced. The financing materials may be used by you in relation to lenders for credit applications. Unless otherwise agreed, no document or other work product generated during the assignment may be distributed publicly or used for marketing purposes.
We maintain confidentiality regarding company-specific information that could be considered trade secrets or confidential information, or that otherwise relates to your internal affairs. We may only disclose such information to the extent required for the execution of the assignment. However, confidentiality never applies to information that we have acquired through means other than the assignment or that is generally known. Confidentiality also does not apply when we are legally obligated to disclose information
Qonfin's services are charged according to the agreement we have reached with you. The amounts are stated excluding value-added tax, so such tax, if applicable, will always be added.
Unless otherwise agreed, we will normally invoice you in connection with the start of the assignment and according to a model involving invoicing upon successful credit application. Each invoice will specify a due date. In case of delayed or missing payment, late payment interest will be charged. The interest rate for such late payment will be in accordance with the rate stipulated by the Interest Act, calculated from the due date until the payment is received.
Unless specifically agreed otherwise, the assignment terminates upon its completion. You have the right to terminate our collaboration at any time by requesting the termination of the assignment. However, you must fulfill payment obligations as per our agreement with you and reimburse any costs we have incurred until the termination of the assignment.
We do not guarantee that any specific results will be achieved for you as a result of our assignment, or that credit will be granted by lenders. Our aim is to ensure that all information in the credit materials is as accurate and up-to-date as possible, but we rely on the information we receive from you or from third parties when assisting you in the assignment and compiling the financing materials. It is your responsibility to ensure the accuracy of the information before it is submitted to lenders. We bear no responsibility for any inaccuracies in the information. Furthermore, we do not assume liability for financial or other decisions you make based on your use of our services.
Our liability for damages caused to you due to errors, negligence, or breach of contract on our part is limited to an amount per assignment equal to the fee received by Qonfin. Qonfin's liability is also always limited to the direct damages incurred by your business, which means that our liability never includes indirect damages such as compensation for lost profits, production interruptions, or other economic consequential losses. This also means that our liability shall be reduced by the amount you can recover under an insurance policy you have taken out or are otherwise covered by, or under an agreement or indemnification commitment you have entered into or are a beneficiary of, provided that it is not incompatible with the insurance terms or the terms of the agreement or indemnification commitment.
We are never liable for damages arising from your use of our work product or materials in any other context or for any purpose other than that for which it was provided.
Qonfin is not liable if Qonfin's operations are directly or indirectly hindered by Swedish or foreign legislation, Swedish or foreign government actions, acts of war, strikes, lockouts, pandemics, technical malfunctions, or other similar circumstances or events that we could not have reasonably foreseen at the time of accepting the assignment and whose consequences we could not have reasonably avoided or overcome.
Claims related to assignments carried out by Qonfin should be made as soon as you become aware of, or should have become aware of, the circumstances on which the claim is based. Claims should not be made later than twelve (12) months after the latest of the day on which the last invoice for the relevant assignment was issued and the day on which you became aware of, or should have become aware of, the relevant circumstances.a.
The terms may be subject to changes by Qonfin from time to time. The applicable version will be published on our website (www.qonfin.se). Changes will only apply to assignments initiated after the revised version has been published on our website.
Swedish law shall apply to the terms, engagement letter, our assignment, and our services.
Disputes arising from the terms, any engagement confirmation, our assignment, and our services that cannot be resolved through mediation shall be finally settled through arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The Rules for Expedited Arbitrations shall apply unless the SCC, taking into account the complexity of the case, the value of the dispute, and other circumstances, decides that the Arbitration Rules should apply. In the latter case, the SCC shall also determine whether the arbitral tribunal should consist of one or three arbitrators. The seat of the arbitration shall be Stockholm. The language of the proceedings shall be Swedish.
Notwithstanding the above, we have the right to bring a claim against you in a general court for due and payable claims.