Terms of Service

Effective Date: January 1, 2025  ·  Last Updated: August 2025

These Terms of Service ("Terms") govern your access to and use of the website afinestpartners.com and the professional advisory services provided by Afinest Partners Consultant Internationale Vietnam ("Afinest Partners", "we", "our", or "us"). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please discontinue use immediately.

1. Acceptance of Terms

By accessing afinestpartners.com or entering into a service engagement with Afinest Partners, you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, prospective clients, and engaged clients.

If you are accessing our services on behalf of a company or organisation, you represent and warrant that you have authority to bind that entity to these Terms.

2. Services Description

Afinest Partners provides professional business advisory and consulting services, including but not limited to:

  • Strategic consulting and market entry advisory
  • Industrial park development and investment attraction advisory
  • Business plan development and investment memorandum preparation
  • Legal advisory for corporate, commercial, and regulatory matters
  • Access to and support with our proprietary platforms: SMARTKEY, MASMART, and AGRICONNECT

The specific scope, deliverables, timeline, and fees for each engagement are defined in a written Engagement Letter or Service Agreement executed between Afinest Partners and the client prior to commencement of services.

3. Engagement & Client Obligations

3.1 Engagement Process

All professional engagements commence upon execution of a formal Engagement Letter. No advisory relationship is established by virtue of website access, inquiry submission, or preliminary consultation alone.

3.2 Client Responsibilities

Clients are responsible for:

  • Providing accurate, complete, and timely information necessary for the delivery of services
  • Cooperating with Afinest Partners staff and designated advisors throughout the engagement
  • Reviewing and responding to deliverables, queries, and requests within agreed timeframes
  • Ensuring that any information provided does not infringe the rights of third parties
  • Notifying Afinest Partners promptly of any material changes affecting the engagement scope

Afinest Partners shall not be liable for delays or deficiencies in service delivery resulting from a client's failure to fulfil their obligations under this section.

4. Fees & Payment

4.1 Fee Structure

Professional fees are agreed upon in writing prior to engagement commencement and may be structured as fixed project fees, retainer arrangements, or time-and-materials billing, as specified in the Engagement Letter.

4.2 Payment Terms

  • Invoices are payable within fourteen (14) days of issuance unless otherwise agreed in writing
  • A deposit or advance retainer may be required prior to commencement of certain engagements
  • Payments are to be made in Vietnamese Dong (VND) or such other currency as agreed
  • Late payments may be subject to interest at a rate of 1.5% per month on the outstanding balance

4.3 Expenses

Reasonable out-of-pocket expenses incurred in connection with an engagement (including travel, accommodation, government fees, and third-party costs) will be invoiced separately and are payable by the client, unless expressly included in the agreed fee.

5. Confidentiality

Both parties agree to maintain strict confidentiality over all non-public information disclosed in connection with an engagement ("Confidential Information"). This obligation shall:

  • Apply during the engagement and for a period of five (5) years following its conclusion
  • Not apply to information that is publicly available, independently developed, or required to be disclosed by law
  • Survive the termination or expiry of any engagement agreement

Afinest Partners will not disclose client information to third parties without prior written consent, except as required by applicable law or regulatory authority.

6. Intellectual Property

6.1 Afinest Partners IP

All methodologies, frameworks, templates, tools, software, and proprietary platforms (including SMARTKEY, MASMART, and AGRICONNECT) developed by Afinest Partners remain the exclusive intellectual property of Afinest Partners. Clients are granted a limited, non-exclusive, non-transferable licence to use deliverables for their own internal business purposes only.

6.2 Client IP

All information, data, and materials provided by the client remain the intellectual property of the client. The client grants Afinest Partners a limited licence to use such materials solely for the purpose of delivering the agreed services.

6.3 Website Content

All content on afinestpartners.com — including text, graphics, logos, and design elements — is the property of Afinest Partners and is protected under applicable copyright and intellectual property law. Unauthorised reproduction or distribution is strictly prohibited.

7. Disclaimers & Limitation of Liability

7.1 No Guarantee of Outcomes

While Afinest Partners endeavours to deliver advisory services of the highest professional standard, we do not guarantee specific business outcomes, regulatory approvals, investment results, or legal decisions. All advice is rendered based on information available at the time and is subject to change.

7.2 Website Disclaimer

The content on afinestpartners.com is provided for general informational purposes only and does not constitute legal, financial, or investment advice. You should obtain appropriate professional advice before taking any action based on website content.

7.3 Limitation of Liability

To the fullest extent permitted by law, Afinest Partners' aggregate liability to any client arising from or in connection with an engagement shall not exceed the total fees paid by that client in the three (3) months immediately preceding the claim. Afinest Partners shall not be liable for any indirect, consequential, incidental, or punitive damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless Afinest Partners, its directors, advisors, and staff from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from:

  • Your breach of these Terms or any Engagement Letter
  • Your provision of inaccurate, misleading, or incomplete information
  • Your violation of any applicable law or third-party rights
  • Your misuse of our website, platforms, or advisory deliverables

9. Termination

Either party may terminate an engagement by providing written notice in accordance with the terms of the applicable Engagement Letter. Upon termination:

  • Afinest Partners will invoice for all services rendered and expenses incurred up to the termination date
  • All outstanding invoices become immediately payable
  • Confidentiality obligations continue to apply as specified in Section 5
  • Each party shall promptly return or destroy the other party's Confidential Information upon request

Afinest Partners reserves the right to suspend or terminate website access immediately if a user is found to be in breach of these Terms.

10. Governing Law & Dispute Resolution

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam.

10.1 Negotiation

The parties shall first attempt to resolve any dispute through good-faith negotiation within thirty (30) days of written notice of the dispute.

10.2 Mediation & Arbitration

If negotiation fails, disputes shall be referred to mediation. If mediation is unsuccessful, disputes shall be finally resolved by arbitration under the rules of the Vietnam International Arbitration Centre (VIAC), with proceedings conducted in Hanoi, Vietnam, in the English language.

11. Website Use & Prohibited Conduct

You agree not to use afinestpartners.com or our platforms to:

  • Engage in any unlawful, fraudulent, or harmful activity
  • Transmit unsolicited commercial communications or malicious code
  • Attempt to gain unauthorised access to our systems, data, or accounts
  • Scrape, harvest, or systematically extract data without prior written consent
  • Impersonate Afinest Partners or any of its personnel
  • Reproduce or distribute website content without express written authorisation

We reserve the right to block access to any user who violates these provisions without prior notice.

12. Amendments

Afinest Partners reserves the right to amend these Terms at any time. Material changes will be notified via a prominent notice on our website. Your continued use of our website or services following any amendment constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.

13. Contact

For any questions regarding these Terms of Service, please contact us:

Afinest Partners Consultant Internationale Vietnam
64 Kim Ma Thuong, Ngoc Ha, Ha Noi City, Vietnam
Email: info@afinestpartners.com
General: info@afinestpartners.com
Phone: +84 (0) 123 456 789
Office Hours: Monday – Friday, 8:00 AM – 6:00 PM (ICT, UTC+7)