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CAPVISION TERMS AND CONDITIONS
Terms and Conditions of the Capvision Expert Network Agreement
PLEASE READ THIS AGREEMENT CAREFULLY AND ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTAND, AND AGREE TO ABIDE BY ALL TERMS AND CONDITIONS OF THE CAPVISION PRO
CORPORATION AND ITS AFFILIATES (HEREAFTER REFERRED TO AS “CAPVISION”) EXPERT
NETWORK AGREEMENT (HEREAFTER REFERRED TO AS THE “AGREEMENT”). BY REPLYING “I
AGREE”, YOU ARE AGREEING TO ALL TERMS AND CONDITIONS (HEREAFTER REFERRED TO AS
THE “TERMS AND CONDITIONS”) OF THIS AGREEMENT. IF YOU HAVE ALREADY AGREED TO
THESE TERMS ELSEWHERE, SUCH AS ON THE CAPVISION APP, YOU DO NOT NEED TO RE-AGREE
VIA EMAIL OR SIGNATURE.
You agree that your participation in any activities involving or facilitated by
Capvision, including but not limited to independent consulting services,
surveys, project-based work, or live roadshows, will be governed by the Terms
and Conditions of this Agreement.
1. OVERVIEW AND ACTIVITIES
Capvision maintains a network of industry knowledge consultants in and across
sectors including business professionals, consultants, academics, researchers,
and regulatory observers. By agreeing to these Terms and Conditions, you will
become a member of this network. Consultants are a valued resource to Capvision
and our Clients, and your participation can help investors and business
professionals make decisions that can affect their business prospects. By
becoming a member of our network as a consultant, you are joining a professional
community of industry thought leaders and senior professionals in your field and
across many other industries. Through your participation, you will have the
opportunity to join in current discussions or surveys in your field and shape
future discourse.
Experts will generally provide consulting services for our Clients through
telephone calls or surveys. In some situations, face-to-face consulting is also
conducted. Other forms are also available, including dining discussions, online
project work, and panel discussions.
After you join and become a member, we also hope to hear from you on topics and
areas you think would be of interest to the professional community as a whole.
2. MEMBERSHIP BENEFITS AND PAYMENT METHOD
2.1 Benefits
In addition to the opportunity to interact with top investment, consulting, and
corporate professionals, Capvision hopes that you, as a member of the Capvision
network, will enjoy other benefits from joining our community. Since we view you
as a partner and community member, we hope to deliver significant professional
value to you, in addition to the following other benefits:
* Recognition as a leading expert in your industry/field;
* Opportunities to interact and network with other leading experts in your
industry;
* News and updates on key events in your industry;
* Greater awareness for your company; and
* Premium consultation fees.
If you have any questions on how Capvision can assist you in your professional
life, please email consultant_us@capvision.com or call us at +1 (646) 781-8802.
2.2 Payment Method for Consultation Calls
Rates are prorated. After each consultation, Capvision will check the following
information with you by email: date, duration, payable amount, and your
preferred payment method. If you do not agree with the information provided,
please reply to the email or contact consultants_us@capvision.com. If you do not
contact Capvision regarding this information it will be assumed you agree with
the payment for that engagement and Capvision will pay accordingly. As an
independent contractor for Capvision, you accept full responsibility and
liability for any taxes payable to the US government or other governments
relevant to your jurisdiction as a recipient of the fees. Where necessary, to
comply with US tax law, you may be required to fill out Form W9 and provide said
form to Capvision when signing up with Capvision under this Agreement. You would
also be responsible for keeping Capvision updated on any changes in your Form W9
thereafter. Should Capvision be required by the US Government to provide any
information associated with you or any payment under this Agreement, Capvision
will be obligated to do so without prior notification to you.
2.3 Payment Method for Surveys
Capvision compensates only for completed and validated surveys. Compensation
will be earned by a consultant for each completed survey after the consultant's
qualification to participate in a particular survey has been verified by
Capvision, the consultant completes that survey, and Capvision validates the
survey responses. Compensation earned for each completed and validated survey
will vary based on the nature and length of the survey. By registering and
participating in surveys, you agree that Capvision may contact you by telephone
to conduct a brief validation. Capvision may require additional validation
procedures to certify your eligibility and qualification as a consultant or
survey participant. All terms and conditions regarding your ability to be
compensated for participation in surveys may be changed or modified at any time
with or without notice at the sole discretion of Capvision.
2.4 Taxes
As an independent contractor for Capvision, you accept full responsibility and
liability for any taxes payable to the US government or other governments
relevant to your jurisdiction as a recipient of the fees. Where necessary, to
comply with US tax law, you may be required to fill out Form W9 and provide said
form to Capvision when signing up with Capvision under this Agreement. You would
also be responsible for keeping Capvision updated on any changes in your Form W9
thereafter. Should Capvision be required by the US Government to provide any
information associated with you or any payment under this Agreement, Capvision
will be obligated to do so without prior notification to you. Capvision is
required by law to issue an IRS Form 1099 to any consultant who is paid $600.00
or more annually for participation in surveys. You hereby agree, when requested,
to provide all information necessary for Capvision to comply with tax reporting
requirements.
3. CONFIDENTIAL INFORMATION
Capvision will not disclose the following personal information you may provide
to us during the course of working with us, such as any family information,
physical addresses, contact information, bank account information (provided to
us when receiving payment for project work), or anything that may be sensitive
to your personal life and legal rights. Capvision will only share your
information if required to do so by government authorities in accordance with
the law or your written consent.
Capvision may introduce information, such as your name, employment history, and
areas of expertise, to our partners, Clients, and potential clients, as is
required to fulfill the scope of any Capvision projects. You agree that
Capvision may use and share this information to contact you concerning your
membership in our network, administer compliance policies and procedures,
obtain necessary approvals and consents for projects, market Capvision's
services, and comply with applicable laws and requests from government
authorities. You agree that Capvision may also use this information to manage,
improve and promote its business.
For surveys, personal information may not be included with the survey response
information we provide to our clients without the member's consent, nor will we
sell any of your personal information to any third party.
Please refer to our Privacy Policy for further details on the steps we take to
ensure your privacy.
You agree that all biographical information, including but not limited to your
current job status, employment history, and educational background, is accurate
and true. You will update this information from time to time as necessary and
inform Capvision of any changes.
You represent and warrant that you have not been the subject of or in any way
involved in any lawsuit or investigation by a government organization or
regulatory body. If at any point in time in the future you do become involved in
such an investigation, you will immediately notify Capvision, except where
relevant law prohibits you from disclosing such information to Capvision.
4. CAPVISION’S CLIENTS
Capvision works with many of the top global investment managers and business
organizations. Our Clients include the following:
* Private Equity firms;
* Hedge Funds and Mutual Funds;
* Consulting firms;
* Well-known large enterprises; and
* Multinational companies.
5. DISCLAIMER REGARDING CAPVISION’S CLIENTS
Some of Capvision’s Clients are investment companies, while others are
operational companies or consultancies working on behalf of other organizations.
Prior to each project, you will be made aware of the nature of the business of
each Capvision Client with whom you will collaborate.
You acknowledge that you will not knowingly provide Capvision’s Clients with any
information that would place you in violation of this Agreement or that would
potentially be illegal or unethical for Capvision’s Clients to receive under
relevant laws and regulations.
6. MEMBERSHIP POLICIES
You affirm that you are permitted to join our network and that by participating
in any Capvision projects you are not breaching or otherwise failing to comply
with any contractual obligations that you have to any third parties, including
current and former employers.
It is your sole responsibility to determine whether or not your participation in
any Capvision activities breaches any duties to other parties, and by signing
this document you represent and warrant that you have done so.
In joining our network and participating in any Capvision activities, you are
serving in the capacity of a non-employee of Capvision. You agree that you will
not act on behalf of Capvision nor are you eligible for any Capvision or
Capvision’s Clients’ employment benefits based on your participation in
Capvision activities. You will not claim to any third parties that you are an
employee of Capvision or Capvision’s Clients. You are allowed to allege you are
a member of Capvision Network on your resume during the term of this Agreement,
but you must agree that you will not disclose any information about the related
project and/or Clients.
You also agree that you are joining the network and participating in Capvision
activities in your individual capacity and not as a representative or on behalf
of any other company or organization, such as past or present employers.
You must decline to participate in Capvision activities if at any point in time
you are unsure about your eligibility to do so given these requirements.
7. PARTICIPATION IN THE CAPVISION NETWORK
7.1 Terms and Applicable Laws
You agree to act professionally and to comply with these Terms and Conditions,
in addition to applicable laws, during your participation in all Capvision
engagements.
You understand and acknowledge that Capvision is committed to fully complying
with the laws of the jurisdictions in which Capvision does business, including,
but not limited to, laws regarding insider trading, anti-bribery,
anti-corruption, and other regulatory and legal frameworks.
You understand and acknowledge that by joining our network, and as an express
condition of initiating or continuing your participation in any Capvision
activities, you must abide by the laws of the jurisdictions in which Capvision
does business, including, but not limited to, laws regarding insider-trading,
anti-bribery and anti-corruption, and other regulatory and legal frameworks.
You confirm that in the past two years, you have not been investigated or taken
regulatory measures by the securities regulatory authorities and exchanges.
You agree and certify that you will abide by these principles and all laws in
the execution of any duties related to your membership in our network and/or
your participation in any Capvision activities.
Specifically, you agree that during your work with Capvision, you will not
conduct yourself in any way that would violate the following terms:
* Consult for organizations that directly compete with the company that employs
you or on whose board of directors you serve or otherwise subjects you to a
non-compete obligation;
* Give investment advice, including but not limited to providing any advice
regarding the advisability of investing in, purchasing, or selling any
interest in any company;
* Pay, offer, promise to pay, or authorize any direct or indirect payment or
anything of value to any government official in an effort to influence that
person to assist you, Capvision, or any Capvision Clients in obtaining or
retaining any business, or securing any other business advantage;
* Accept or imply that you might accept – directly for yourself or on behalf of
another person – from Capvision’s Clients any direct or indirect payment or
anything of value beyond the professional fee agreed upon with Capvision as
part of the formal engagement;
* Agree or imply that you may be agreeing to allow the engagement at hand or
any fees earned as a part of the engagement to facilitate you making a
decision for or against any party; and
* Violate applicable supervision or professional standards or guidelines to
which you may be subject.
7.2. Confidentiality
You agree that at no point during any activity involving or related to Capvision
or its Clients will you engage in any of the following acts or behaviors:
* Disclose non-public information about a public company;
* Disclose confidential information about, or belonging to, past or present
employers;
* Disclose information that you are obligated to keep confidential;
* Disclose information that you obtained from any person who expects you to
keep it confidential;
* Disclose trade secrets or other proprietary information that does not belong
to you; and
* Disclose any information that you are otherwise prohibited from disclosing
under applicable law.
7.3 Prohibitive Provisions
Without limiting anything in the foregoing, you further agree that:
* If you are an auditor or former auditor, you will not consult about
organizations that you currently audit or have audited in the last three (3)
years;
* If you have worked in the accounting or finance department of a company
within the last six (6) months, you will not discuss accounting or financial
issues relating to that company or its affiliates; and
* If you are a director, officer, or other employee of an entity issuing
securities in a public offering (IPO), you will decline all Capvision
projects until the commencement of such offering;
YOU MUST DECLINE ANY PROJECT OR ACTIVITY THAT WOULD RESULT IN A VIOLATION OF
APPLICABLE LAW OR YOUR OBLIGATIONS TO ANY THIRD PARTIES, THAT WOULD VIOLATE THIS
AGREEMENT, OR THAT PRESENTS ANY OTHER CONFLICT OF INTEREST OR RISK TO YOU,
CAPVISION, THE CLIENT, OR ANY OTHER THIRD PARTY.
IF YOU DECIDE TO END A CONSULTATION ONCE IT HAS BEGUN DUE TO THE CLIENT ASKING
QUESTIONS OR LEADING IN A DIRECTION THAT WOULD BREACH THIS AGREEMENT, YOU WILL
STILL BE COMPENSATED FOR YOUR TIME COMMITMENT, PROVIDED THAT ALL TERMS AND
CONDITIONS HAVE BEEN UPHELD.
You agree to cooperate fully in any Capvision inquiry concerning actual,
alleged, or potential violations of these Terms and Conditions.
If you become concerned with the nature of any inquiry or project, you must
discontinue your participation and notify Capvision immediately by emailing
uscompliance@capvision.com.
8. ASSIGNMENT, ACCEPTANCE, AND SCOPE OF PROJECTS
Capvision makes no representation regarding the frequency, quantity, or type of
projects or activities in which you will be invited to participate. You may not
delegate your work to any other individuals other than yourself, nor will you
include any other individuals beyond yourself in any phone call, in-person
consultations, or any other Capvision activities.
All projects, activities, and interactions with Capvision’s Clients must be
arranged by Capvision. If a Capvision Client contacts you without Capvision
having arranged the interaction, you must immediately report such contact to
uscompliance@capvision.com. This includes follow-up inquiries related to past
projects. Capvision’s Clients are not authorized to expand the scope of a
project or activity unless this is done through Capvision. Additionally, you
agree that you will never attempt to contact a Capvision Client before, during,
or after a Capvision project or activity unless such communication is directly
arranged by Capvision.
9. SURVEY DISQUALIFICATION AND TERMINATION
Persons found engaging in the following activities may be disqualified from
participating in surveys and from being compensated for surveys that they
complete, and their membership, if any, may be terminated immediately and
without notice: (i) tampering with, disrupting, or attempting to disrupt, or any
unauthorized use, misuse or abuse of any aspect of Capvision or any client
survey; (ii) violating any applicable law with respect to the use of Capvision;
(iii) allowing any unauthorized person to use your email address or password to
access the survey; (iv) providing or maintaining incomplete or inaccurate
registration information; (v) attempting to defraud the survey system through
multiple entries for the same survey, false identification or email addresses,
false registration, false impersonation or any other means; (vi) failing to
provide complete and accurate information required for payment of incentives
and/or tax reporting purposes; or (vii) for any other material breach of these
Terms and Conditions or the Privacy Policy. Termination for any of the
aforementioned reasons includes: (i) removal of all access to participation in
surveys; (ii) removal of all email address, account, and registration
information; (iii) forfeiture of all compensation; and (iv) prohibition of
future registration on and use of Capvision. Termination for any of the
aforementioned reasons may also subject such member to civil and criminal
penalties and may result in legal action against such member. Consultants may
also terminate their membership upon request. Such termination would include the
removal of all access to participation in surveys. Capvision reserves the right
to terminate the account of any consultants and/or modify, or discontinue
temporarily or permanently the website, services, and/or compensation with or
without cause, notice, or explanation. Capvision shall not be liable to any
consultant, former consultant, or third party for any termination of a
consultant or any modification or discontinuance of services or compensation (or
any part thereof). Capvision may invalidate a consultant's participation in
particular surveys if the respondent member does not meet the client's
requirements as evidenced by their responses to the screening questions, the
survey is not completed within an allotted time frame, or if any of the answers
are deemed invalid during the validation procedures.
10. COMMUNICATION WITH OTHER PARTIES
During the course of preparing for a project, if you speak with a person who is
not a Capvision employee or a representative of a Capvision Client, you agree:
* Not to describe yourself as working for or on behalf of Capvision or our
Clients;
* Not to present yourself under false pretenses or pretexts;
* To advise such person that you are not seeking, and do not want, any
confidential information, including non-public information;
* To advise such person that they must comply with their existing obligations
to any third parties, including past or present employers; and
* Not to pay, give anything of value to, or otherwise compensate or promise to
do any of the foregoing to anyone as a part of your involvement in or
preparation for any project or activity with Capvision or Capvision’s
Clients, including making payments or promising to make payments in return
for information.
11. INTELLECTUAL PROPERTY
As part of your engagement with Capvision and our Clients, you may provide
opinions, thoughts, suggestions, information or data, consulting drafts,
recording, videos, in spoken, written, or electronic form (together referred to
as ‘information’). Once provided to Capvision or the Client, the receiving party
may use this information in the furtherance of their company’s activities.
While the receiving party will have, in perpetuity, non-exclusive ownership of
the information, this ownership will be subject to the following conditions:
The information will be used only for the furtherance of the company’s
legitimate and openly stated business purposes, such as conducting research,
carrying out consulting projects, or making investment decisions.
Your comments may in certain circumstances be summarized and placed together
with the comments of others and released publicly as a summary or report on
certain topics. You agree that the receiving party will have ownership of the
derivatives of this information.
Your personal information and your role during the consultation will not be
revealed to the public without your consent, except in the case that Capvision
is required to as part of activities conducted by third parties to protect
public interests or national security, including, but not limited to, judicial
ruling or investigations by government bodies such as securities regulators.
12. NON-SOLICITATION OF PARTNER ORGANIZATIONS
You agree not to knowingly solicit business or projects from or propose or agree
to any kind of consulting, advisory, or employment arrangement with any party
that you were introduced to through participation in a Capvision project or
activity without written permission from Capvision, for one year following the
project or activity in question.
If experts participating in Capvision activities have cooperated with
Capvision’s Clients prior to the Capvision activity, or our Clients ask for more
cooperation through Capvision, the aforementioned terms are not applicable.
You will immediately notify Capvision if any Capvision Client or any other party
that you are introduced to through Capvision contacts you to solicit business or
projects for proposes any kind of consulting, advisory, or employment
arrangement within one year of your most recent exposure to them directly
through Capvision.
13. CONFIDENTIALITY OF CLIENT AND PROJECT INFORMATION
While you are a member of our network and thereafter, you agree not to disclose,
attempt to use, or personally benefit from any Confidential Information that is
disclosed to or known by you because of your participation in Capvision
activities until the Confidential Information has become publicly available
through no action of your own. Confidential Information shall include:
(1) The identity of Clients (e.g., do not list Clients on your resume or
website);
(2) Information about projects;
(3) Information about any actual or potential business, investment or trading
decisions, or transactions of any Client; and
(4) Any other Confidential Information belonging to Capvision or its Clients.
If you are compelled by order of a court or other governmental or legal body (or
have notice that such an order is being sought) to divulge any Confidential
Information to anyone other than Capvision, you will promptly notify Capvision
in writing. Notwithstanding the foregoing, if and only to the extent necessary,
you may disclose the general topic and Client description to secure any required
third-party consent to your participation in the Capvision network or a project
prior to accepting an invitation for that project.
14. GENERAL AND MISCELLANEOUS
14.1 Arbitration
Any dispute, controversy, or claim, whether in tort, contract, or otherwise,
that arises from or relates to these Terms and Conditions, including whether the
claims asserted are arbitrable, shall be dealt with by arbitration in New York
County, New York before an arbitrator of the American Arbitration Association
(“AAA”).
14.2 Governing Law
These Terms and Conditions, as well as any claims arising from or related
thereto, whether in tort, contract, or otherwise, shall be governed by the laws
of the State of New York. You hereby irrevocably and unconditionally submit to
the jurisdiction of any federal or state court of the State of New York located
in New York County, New York.
14.3 Severability
The invalidity or unenforceability of any provision of these Terms and
Conditions shall not for those reasons alone affect the validity or
enforceability of any other provision of these Terms and Conditions.
14.4 Survival of Certain Provisions
The provisions of the sections (including subsections) of these Terms and
Conditions entitled Non-Solicitation of Partner Organizations, Confidentiality
of Partner Organization and Project Information, and General and Miscellaneous
shall survive any termination or expiration of these Terms and Conditions.
14.5 Termination
You have the right to withdraw from the Capvision network at any time upon
written notice to Capvision, and Capvision has the right to terminate or limit
your membership in the Capvision network at any time upon written notice to you.
14.6 Amendments and Modifications
Capvision reserves the right to modify these Terms and Conditions at any time at
its sole and absolute discretion.
An email exchange of this Agreement is regarded as a supplement to this
Agreement, as well as the certification of its execution, and will have the same
effect as this Agreement.
When these Terms and Conditions are modified, we will publish any revised Terms
and Conditions to our website at www.capvision.com or otherwise notify you of
such change, which shall be deemed as sufficient notice.
This Agreement is valid for one (1) year from the date you sign it. The date of
your reply by email, Weblink confirmation, or sign by handwriting is regarded as
the date of signing this Agreement.
Therefore, you should review our website from time to time so that you will be
aware of any such modifications. Your membership in Capvision’s network is
contingent on agreeing to be bound by this framework for future modifications to
the Terms and Conditions.
Upon receiving notification of any future modifications in the manner described
above, if you decide that you do not wish to be bound by those revised Terms and
Conditions, you should end your consultation services and participation in the
Capvision network immediately by written notice to Capvision. Your continued
participation in Capvision engagements after the publication of any changes
shall be considered as your agreement to such modified Terms and Conditions and
shall be governed by the Terms and Conditions as modified.
14.7 Expert’s basic information
1. Name: Daniel Pierret
2. Email Address: dpierret@kpmg.com
3. Current employer and position: Intern | Digital Strategy - CIO Advisory,
KPMG
4. Mobile:
You shall ensure the aforementioned information is correct and kept up-to-date
with Capvision. If anything changes, please notify us via email.
By checking this box, you agree to Capvision’s Terms and Conditions and Privacy
Policy
Please confirm after reviewing the whole T&C
Copyright © 2024 by Capvision. All Rights Reserved.