Legal
Terms and Conditions
The basis of our brokerage, debt advisory and transaction work with corporate clients.
1. Scope
These terms apply to all introduction, brokerage and advisory services provided by Fox Capital GmbH to entrepreneurs within the meaning of section 14 of the German Civil Code. Deviating terms of the client apply only where we have agreed to them in writing.
2. Services
We act as an introducing and brokering agent and as an advisor on financings and corporate transactions. We do not provide legal, tax or audit advice; such reviews remain with the advisors appointed by the client.
3. Formation of contract
The brokerage contract is formed by mandating us in text form, or by using our services in knowledge of these terms — in particular by requesting a memorandum, accepting an introduction, or attending a viewing arranged by us.
4. Commission
Commission is earned and payable upon the legally effective conclusion of the main contract introduced or brokered by us. Amount and payer are agreed in writing case by case; absent a deviating agreement, the customary local rate plus statutory VAT applies. Commission is also owed where shares in the property-holding company are acquired instead of the asset, or where the contract is concluded with a party related to the client.
5. Prior knowledge
If the client is already aware of an asset or contact we introduce, this must be notified to us in text form without delay, and no later than five business days after receipt of the introduction, stating the source. Otherwise the introduction is deemed causal.
6. Confidentiality
All documents, asset data, investor names and terms are confidential and may not be passed to third parties without our consent. Where unauthorised disclosure leads to a transaction by a third party, we are entitled to the agreed commission in the same amount.
7. Dual agency
We may act for both sides of a transaction as an introducing and brokering agent. Any such dual agency is disclosed as soon as it is established.
8. Liability
Information on assets, rental income, areas and calculations generally originates from the owner or third parties. We pass it on in good faith without our own warranty as to accuracy or completeness. We are liable without limitation for intent, gross negligence and injury to life, body or health; otherwise only for breach of material contractual duties and limited to foreseeable damage typical for this type of contract.
9. No guarantee of success
We owe diligent effort, not the success of a transaction or financing. Commitments by banks, investors or capital providers bind those parties alone.
10. Anti-money laundering
We are an obliged entity under the German Anti-Money Laundering Act. The client cooperates in identifying contracting parties and beneficial owners and provides the documents required. Without this cooperation we cannot continue the mandate.
11. Term and termination
Sole mandates are agreed for a fixed term and, unless agreed otherwise, extend by three months each unless terminated in text form with four weeks' notice to the end of the term. Commission claims arising from introductions already made remain unaffected.
12. Final provisions
German law applies. Place of jurisdiction is Frankfurt am Main where the client is a merchant, a legal entity under public law or a special fund under public law. Should any provision be invalid, the validity of the remaining provisions is unaffected.
As of January 2026. Individual mandate agreements prevail over these terms. The German version is binding in case of discrepancies.