Terms of Service
These Terms of Service ("Terms") govern your access to and use of GKP Capital’s website, platform, and advisory services. By accessing our services or submitting an inquiry you agree to be bound by these Terms and any additional terms referenced in specific engagements. Our services include execution, custody coordination, placement facilitation, and advisory support for equity transactions. Certain services require separate agreements, schedules, or subscription documents; where a service-specific agreement exists, it governs to the extent of any inconsistency with these Terms. If you are entering into services on behalf of an entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use the platform or engage our services. We recommend retaining copies of executed agreements and confirmations for governance and audit purposes. Contact our legal or compliance teams with any questions about these Terms or a specific engagement.
Permitted use and account obligations
Users must provide accurate information during onboarding and maintain current contact and firm details. Accounts that interact with custody or trading services require verification documents and may be subject to accredited investor or institutional status checks as applicable. You must not use the platform for any unlawful purpose, to evade regulatory obligations, or to submit misleading documentation. Access credentials are non-transferable; keep them secure and notify us immediately if you suspect unauthorized access. We may suspend or terminate accounts that present undue risk, fail verification, or violate these Terms. All orders or instructions transmitted via the platform must be authorized and comply with the account’s mandate. GKP Capital may, at its discretion, refuse to process instructions that appear fraudulent, incomplete, or non-compliant with applicable rules. Users remain responsible for ensuring required consents, corporate approvals, and tax authorizations are in place prior to submitting instructions or committing capital.
Fees, billing and third-party services
Fees for services are set forth in engagement letters or schedules and may include fixed fees, transaction fees, and custody or settlement charges passed through from third-party providers. Where applicable, you are responsible for fees and expenses associated with custodial services, transfer agents, or legal specialists engaged as part of a transaction. Billing cycles and payment terms are defined in the applicable engagement agreement. Failure to pay fees may result in hold on settlement, suspension of account services, or recovery actions. We may adjust standard fees over time; material changes are communicated in advance for ongoing contractual relationships. For clarity, GKP Capital acts as an intermediary for custody and settlement when engaged and does not guarantee third-party pricing or fee calculations; third-party vendor terms may apply and will be disclosed as required by contract or regulation.
Liability, disclaimers and indemnity
To the fullest extent permitted by law, GKP Capital disclaims warranties not expressly stated in engagement agreements. We make reasonable efforts to ensure the accuracy of information and to coordinate settlement through regulated custodians; however, market activity and third-party errors can affect timing and outcomes. We are not liable for indirect, incidental, or consequential losses arising from use of the platform or services, including lost profits or lost opportunities, except where required by law. You agree to indemnify and hold GKP Capital harmless from claims arising from your breach of these Terms, unauthorized instructions, or failure to obtain necessary approvals. Limitations of liability and indemnity provisions applicable to a transaction will be set out in the relevant engagement agreement. These allocations reflect the commercial understanding that parties receiving advisory or execution services assume responsibility for final settlement and governance decisions.
Dispute resolution and governing law
These Terms and any disputes arising from them are governed by the laws of the State of New York, United States, unless a different jurisdiction is specified in a separate engagement agreement. Parties will first seek to resolve disputes through good faith discussions and mediation. If unresolved, disputes may be subject to arbitration or litigation as provided in the applicable contract. Arbitration provisions, when present in an engagement agreement, will outline seat, rules, and procedures. Nothing in these Terms limits the right to seek injunctive relief or interim measures from courts with proper jurisdiction. Each party consents to the jurisdictional and venue provisions set forth in engagement documents to ensure predictable dispute resolution and to minimize operational disruption to custody and settlement processes during dispute resolution procedures.
Contact and updates
For questions about these Terms or to obtain copies of engagement-related agreements, contact GKP Capital at our head office. Notices under these Terms should be sent to the address and channels provided below; for transactional matters, please use the contact details associated with your engagement manager. GKP Capital may update these Terms from time to time; material changes affecting platform access will be posted and communicated to affected clients. Continued use after posting of changes constitutes acceptance of revised Terms. Contact: GKP Capital, 125 Park Avenue, Suite 400, New York, NY 10017, United States; phone: +1 (212) 555-0198; email: [email protected].