Terms of Service | Prestige Financial Consultants

1. Scope; Separate Engagement Letters

These Terms govern use of the Site and non-advisory interactions (e.g., accessing articles, tools, client portal login). Any professional services (advisory, consulting, tax, accounting, valuation, due diligence, investment analysis, etc.) require a separate written engagement letter (the “Engagement Letter”) signed by both you and the Firm. Where an Engagement Letter exists, its terms govern the client relationship and prevail over these Terms to the extent of any conflict.

2. Eligibility

You represent and warrant you are at least 18 years old (or the age of majority in your jurisdiction) and have authority to enter these Terms. Use of certain Services may be restricted to authorized clients and authorized users.

3. Account registration and access

You may need to register for an account to use certain Site features. Provide accurate, current information and keep credentials confidential. You are responsible for activity under your account and must notify us immediately of any unauthorized use. We may suspend or terminate accounts for breach, suspected fraud, or where required by law.

4. Client onboarding, identification & documentation

For regulatory, compliance, and anti-money-laundering (AML) purposes we may require KYC (know-your-customer) documentation, identity verification, and other information before or during an engagement. Providing false or misleading information is prohibited and may result in immediate termination of Services and notification to authorities as required.

5. Services; professional standards; no guarantees

We provide professional financial consultancy services using reasonable care, skill, and professional judgment in accordance with applicable professional standards. Unless stated in an Engagement Letter, we do not guarantee outcomes, financial results, tax savings, market performance, or regulatory decisions. Any projections, forecasts, or models are illustrative and not a promise of future results.

6. Scope limits; use of third parties

We may engage subcontractors, affiliates, specialists, or third-party providers to deliver Services. We will remain responsible for acts or omissions of such parties to the extent required by applicable law or the Engagement Letter. Some third-party tools or data feeds may have their own terms and disclaimers.

7. Fees, expenses & invoicing

Fees and billing terms will be set out in the Engagement Letter or in Site subscription terms. Unless otherwise agreed, fees are payable in the currency stated on invoices, due within the period specified. You are responsible for any taxes (except Firm’s income taxes). Late payments may accrue interest and result in suspension of Services.

8. Client responsibilities

You must provide timely, accurate, and complete information and access to personnel, systems, and records reasonably required to perform Services. We are not responsible for delays or errors caused by incomplete or inaccurate client information.

9. Confidentiality & client data

We will treat confidential client information provided in connection with an Engagement Letter as confidential in accordance with the Engagement Letter and applicable professional rules, except as required by law, regulation, or court order. For Site-only interactions (when no Engagement Letter exists), the Firm may collect usage, technical, and contact information as described in our Privacy Notice. Any information you enter into public or shared areas of the Site may be visible to others; do not post confidential or sensitive personal information there.

10. Data access, storage & client materials

We will retain client papers, records, and electronic materials in accordance with professional retention policies and any applicable legal or regulatory requirements, and as set out in the Engagement Letter. Upon termination or completion of Services we may return client materials upon request subject to outstanding fees and legal obligations. We reserve the right to destroy archived materials after retention periods expire.

11. Intellectual property

The Firm owns all Site content, methodologies, templates, tools, reports, deliverables, and intellectual property unless expressly assigned in the Engagement Letter. We grant clients a non-exclusive, non-transferable license to use deliverables for internal business purposes only. You must not copy, modify, distribute, or create derivative works without our written consent. If you provide feedback or suggestions about the Site or Services, you grant us a perpetual, royalty-free license to use that feedback without obligation.

12. Use restrictions; prohibited conduct

You must not: (a) use the Site or Services for unlawful or fraudulent purposes; (b) harm, interfere with, or attempt unauthorized access to the Site; (c) copy, scrape, or reproduce Site content except as permitted; or (d) submit any content that is defamatory, infringing, or violative of privacy or third-party rights.

13. Third-party links and data

The Site may contain links to third-party sites or embed third-party data, tools, or content. We do not control and are not responsible for third-party content, availability, accuracy, or terms. Use of third-party services is at your own risk and subject to those providers’ terms.

14. Security; encryption; disclaimers

We use commercially reasonable technical and organizational measures to protect data and access to the Site. However, no system is perfectly secure; we cannot guarantee absolute security of information transmitted or stored. Do not transmit highly sensitive personal information through public Site forms unless requested as part of secure client onboarding.

15. Warranties; disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN A BINDING ENGAGEMENT LETTER, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FIRM DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SITE.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR SERVICES IS LIMITED TO THE TOTAL FEES PAID BY YOU TO THE FIRM FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR WHERE PROHIBITED BY LAW.

17. Indemnification

You will defend, indemnify, and hold the Firm, its affiliates and personnel harmless from any third-party claims, liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms or an Engagement Letter; (b) your negligence or willful misconduct; or (c) your use of third-party products or services integrated with the Site.

18. Confidential legal/regulatory exceptions

Nothing in these Terms prevents the Firm from complying with legal or regulatory inquiries, required disclosures to authorities, professional or quality reviews, or cooperating with investigations. We may disclose client information as required by subpoena, court order, regulatory process, or to comply with laws.

19. Subpoenas, disputes & professional obligations

If we receive a legal demand for documents or testimony relating to Services, we will attempt to notify you when permitted. We may comply with such demands to the extent required by law and professional obligations. Engagements may be subject to professional rules that require us to withdraw or take specific actions in certain conflicts or ethical matters.

20. Termination and suspension

Either party may terminate non-engagement Site access at any time. An Engagement Letter will specify termination rights for professional services. We may suspend access or Services immediately for breach, non-payment, suspected fraud, regulatory reasons, or security incidents. Fees earned prior to termination (including reasonable wind-down costs) remain payable.

21. Dispute resolution and governing law

The Engagement Letter will specify governing law and dispute resolution. Absent such provision, these Terms are governed by the laws of Kenya without regard to conflicts of law. Parties will attempt good-faith negotiation before pursuing litigation. If mediation or arbitration is required, it will be governed by the rules set out in the Engagement Letter or, if none, by the applicable arbitration rules of the Chartered Institute of Arbitrators (Kenya Branch) in Nairobi.

22. Notices

We will send notices to the email address you provide; you should send notices to the Firm contact in the Engagement Letter or info@prestigefinancial.co.ke. Official legal notices may be delivered by registered mail if required by law.

23. Changes to Terms; Site changes

We may update these Terms from time to time. If material changes are made, we will provide notice (email, banner, or other reasonable means) at least 30 days before they take effect for clients; for non-clients we will post updated Terms on the Site. Continued use after the effective date constitutes acceptance.

24. Export controls & sanctions

You represent that you are not located in, or a national or resident of, a country subject to Kenyan or other applicable sanctions and that you will not use the Site or Services in violation of export controls or sanctions. We may refuse to provide Services or block access to the Site to comply with sanctions, export, or other legal obligations.

25. Anti-bribery & anti-corruption

You will comply with anti-bribery and anti-corruption laws. You will not offer, promise, or give any bribe or improper payment to obtain or retain business or to influence our personnel.

26. Taxes

Unless otherwise stated, fees exclude taxes, duties, or similar governmental charges. You are responsible for any taxes associated with Services other than the Firm’s income taxes.

27. Severability; waiver; assignment

If a provision of these Terms is invalid or unenforceable it will be reformed to the extent possible and the remaining provisions remain in force. Failure to enforce a right is not a waiver. You may not assign rights under these Terms without our prior written consent; we may assign to an affiliate or successor.

28. Entire agreement

These Terms, together with any Engagement Letter, privacy notice, and any supplemental terms displayed on particular parts of the Site, constitute the entire agreement between you and the Firm regarding the Site and Services and supersede prior agreements.

29. Contact Information

For questions about these Terms or to contact our legal team:

Prestige Financial Consultants
Unity East, Tatu City
P.O BOX 34335, Kenya 00100
Email: info@prestigefinancialconsultants.com