Terms & Conditions

Definitions

Acceptance of Terms

By (a) submitting an enquiry, (b) signing an Agreement or SPA, (c) making any payment to One Kava, or (d) using the onekava.com website, you confirm that you have read, understood, and agree to these Terms.

These Terms apply to all services unless a separate written agreement expressly supersedes them in full. In the event of conflict, the terms of a signed SPA shall prevail.

Services

One Kava provides professional brokerage, representation, human resourcing, logistics facilitation, energy supply, and agribusiness development services. The specific scope of each engagement is defined in the relevant signed Agreement.

• Services are provided on a best-efforts basis within the scope agreed in writing.
• One Kava reserves the right to engage sub-agents and partner organisations where appropriate.
• Service timelines are estimates unless expressly stated as guaranteed in the Agreement.
• One Kava does not guarantee the conduct or performance of third-party counterparties introduced during facilitation.

Fees & Payment

All fees are transparently disclosed and agreed in writing before any payment is required. Our standard payment terms are:

• Facilitation fees are due as specified in the signed Agreement (upfront, milestone-based, or commission-based).
• Payment shall be made by bank transfer (SWIFT/TT), credit/debit card, or other method agreed in writing.
• All fees are quoted in USD unless otherwise agreed; currency conversion is at the prevailing mid-market rate.
• Late payments may incur interest at 1.5% per month from the due date.
• Fees are exclusive of applicable taxes; the Client is responsible for any local taxes in their jurisdiction.

Brokerage Obligations

One Kava's obligations as a professional broker and facilitator include:

• Acting in good faith and with professional diligence in all representations.
• Using our global network to identify qualified counterparties, suppliers, or candidates.
• Providing accurate information to the best of our knowledge and within our professional capacity.
• Maintaining transparency in all fee structures and commission arrangements.
• Ensuring all Agreements comply with applicable laws and ICC standards.
• Maintaining confidentiality of Client information at all times.

One Kava operates exclusively as a facilitator and broker. We are not a party to the underlying sale, purchase, or employment contract between Client and Counterparty, except where expressly stated.

Client Obligations

The Client agrees to:

• Provide accurate, complete, and up-to-date information as required for service delivery.
• Respond to communications and requests within reasonable timeframes as agreed.
• Not circumvent One Kava by engaging directly with Counterparties introduced by us during or within 24 months after the engagement, without written consent and commission payment.
• Comply with all applicable laws, export regulations, and sanctions in their jurisdiction.
• Notify One Kava immediately of any material changes to their requirements or circumstances.
• Treat all introduced Counterparty information as confidential.

Confidentiality

Both parties agree to maintain strict confidentiality of all Confidential Information shared during the engagement. This obligation:

• Continues for 3 years following the conclusion of the engagement.
• Does not apply to information already in the public domain, or required to be disclosed by law.
• Covers all counterparty identities, pricing, trade routes, and proprietary sourcing information.

Intellectual Property

All content on onekava.com, including text, logos, graphics, and service methodologies, is the property of One Kava Group and protected under applicable intellectual property laws. No content may be reproduced, distributed, or used without express written permission.

Warranties & Disclaimers

One Kava warrants that services will be provided with reasonable skill and care by qualified professionals. However:

• We do not warrant specific commercial outcomes (e.g. a transaction will close at a specific price or timeline).
• Website information is provided for general informational purposes and may not reflect current market conditions.
• We are not responsible for the accuracy of information provided by third parties or Counterparties.
• Market conditions, regulatory changes, and force majeure events are outside our control and warranty.

Limitation of Liability

To the maximum extent permitted by applicable law:

• One Kava's total liability to the Client shall not exceed the total facilitation fees paid in the 12 months preceding the claim.
• One Kava shall not be liable for indirect, consequential, special, or punitive damages, including loss of profits, loss of contracts, or business interruption.
• One Kava shall not be liable for the actions or defaults of third-party Counterparties introduced through our facilitation.

Indemnification

The Client agrees to indemnify and hold harmless One Kava, its directors, employees, and agents from any claims, losses, damages, or expenses (including legal fees) arising from:

• The Client's breach of these Terms or any signed Agreement.
• The Client's violation of applicable law or third-party rights.
• Inaccurate or misleading information provided by the Client to One Kava.
• Circumvention of One Kava's brokerage role as defined in Section 6.

Termination

Either party may terminate an engagement by providing 30 days written notice. One Kava may terminate immediately upon:

• Non-payment of agreed fees after 14 days notice.
• Material breach of these Terms or the signed Agreement.
• Fraudulent, illegal, or unethical conduct by the Client.
• Sanctions screening failure or AML/KYC non-compliance.

Upon termination, refunds are governed by our Returns & Refund Policy. Confidentiality obligations survive termination.

Dispute Resolution

In the event of any dispute arising under these Terms or any Agreement, the parties agree to the following process:

• Step 1 – Negotiation (14 days): Direct good-faith negotiation between senior representatives of both parties.
• Step 2 – Mediation (30 days): If negotiation fails, formal mediation under ICC Mediation Rules.
• Step 3 – Arbitration: If mediation fails, binding arbitration under ICC Arbitration Rules, with the seat of arbitration in Colombo, Sri Lanka (for Sri Lanka-based engagements) or Dubai, UAE (for UAE-based engagements).

The language of mediation and arbitration shall be English.

Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with applicable law based on the contracting entity:

General Provisions

• Entire Agreement: These Terms, together with any signed Agreement, constitute the entire agreement between the parties.
• Amendments: We may update these Terms. Continued use of our services after updates constitutes acceptance. Material changes will be communicated with 30 days notice.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that or any other right.
• Force Majeure: Neither party is liable for failure to perform due to causes beyond their reasonable control including natural disasters, war, sanctions, or government actions.
• Assignment: The Client may not assign rights or obligations without prior written consent from One Kava.
• Notices: All formal notices must be in writing and sent to info@onekava.com or the address stated in the signed Agreement.