Xistence

Xistence refers to the establiment and servicing of relations between the client and Xecology. We have exact, set standards to govern and establish our service level agreements, from service delivery to consultant protocol and performance.

Client obligations, Terms of Agency Agreement, Agreement Standards, Types of Agreement, recourse to Authority and the pricing of services are highlighted below.

Contact the Principal at shakeel@xecology.org

THE XPERIENCE

The Xecology Experience

The Xecology Xperience delivers consulting services are bespoke to the client, delivered transparently, confidentially, in the form of consulting programs, to approved clients.

The nature of consulting and exposure to client privileged information, we must approve those applying for our services through eligibility screening to ensure there is conflict when servicing a similar business within the same geographical. We don’t reveal who we Service and are belligerent in protecting all intellectual properties and strategies.

For the purpose of ensuring we maintain a high level of ethics, we select our clients in terms of their ethics, purposes, scope and goals whilst we still maintain the view that change and diversification is possible. Thus, it is not of what they do but of the client’s viewpoint from which we assess whether or not to reveal to them the universal that will bring about greater success potential. Our target clients can include energy giants, innovators, transportation, distribution, travel, finance, banking, governments, manufacturers, miners and health organisations.

The Service is the implementation and dissemination of knowledge, the resolution of confusion and mystery, the programming towards greater potential, delivered through direct communication and with assured understanding.

Service with Leadership

Service with leadership is advising our client what must be done and getting the task executed and completed. We don’t work on speculation or on the premise that we will wait for the client to direct us; instead, we are empathic in our communications and convictions; we are specific, though still presenting options to clients in order to allow the exercising of choice and responsibility to make the ultimate determinations relating to the organisation.

Our service allows the CEO, the entrepreneur and Director to exercise their their dream, focus on creating new goals and operate exterior from the mechanical and tactical level of the business. We keep the clients attention facing outward, upwards and their thinking to remain strategic.

AGREEMENT
STANDARDS

Consultancy, Brokerage and Client Agreement Standards

This guide for clients provides information about consulting and brokerage agreements, what to expect in terms of ethics, service levels, performance and what to expect from your consultant.

This guide only relates to the consulting and brokering services delivered within Xecology, in relation to consulting or the sale or acquisition of whole businesses, business equity or and business assets. This guide is just that – guidance. You should not rely on it for legal advice.

The guide below relates to both consulting and brokering arrangements; the concept applied to one type of service can be applied to the other service; concepts are inter-applicable to both consulting or brokering services. An Xecology consultant may act as a consultant, broker or master agent, or all three at the same time.

There is no legal requirement to use a consultant or broker when selling a business or its assets; most people engage an agent to assist in the management of a successful marketing, negotiation, sales agreement and completed transaction.

Employing Xecology Ltd as a master agent means that your business and its assets property will be listed and marketed privately or openly by Xecology Ltd, or by the agency assigned to work under the supervision.

If you want to use Xecology Ltd, you need to have a consultancy and agency agreement with us, as this grants us the undertaking to market, negotiate and manage the transaction on your business and assets.

A consulting and agency agreements are two different and separate contracts, between the client and Xecology Ltd, as the acting agent and consultant. The contracts set out the terms and conditions on which the acquisition, change or exit will be executed, what a consultant or agent may do for you and what you will pay them.

SERVICE AGREEMENTS

What Is An Agency Agreement?

When you enter into an agency agreement with Xecology, you are listing your business and assets for sale. One consultant may be granted the rights to market but once an asset or business is listed with Xecology, other agents can be contacted in the Company; the task may also be delegated to competent partners of Xecology.

Who Should be Your Consultant?

You should ensure that you always engage a consultant that can immediately answer questions on the topic with information that makes sense and adds up. If it’s a solid answer, based on the natural laws of organisation then it will appear as a logical solution and add up to a favoured and workable plan.

What do I need to know before I sign an Agency Agreement?

Before you sign a consultancy agreement the consulting executive should give you the following information.

• A written market appraisal: This is the consultant’s best estimate of the price they expect your business could be sold for, based on sales and prices for similar businesses, taking into account location, economics, mega trends and the merits of your business. You can also get your own valuation. The purpose of an appraisal is to determine the difference we expect to make and to make a before and after measurement of the residual improvements made to your business as well as giving you the option to sell.

• How they recommend you sell your business: This could be, sale by advertised price, by tender or by auction. They should recommend the best way of selling and how they will market and advertise it.

• How they will be paid: Information on what you will have to pay the SA1 Ltd (referred to as commission), when you will have to pay, and how this payment is calculated. Commissions can vary from one business to another but Mountesque’s standard charge is a 5 % rate of commission, calculated as a percentage of the selling price, plus Value Added Tax.

The consultant must:

• Explain the formula that is being used;

• Provide you with an estimate of commission you would have to pay in pound sterling terms if your business is sold at the appraised price;

• Expenses: Information on whether you will have to pay any expenses (e.g. advertising costs) that are not included in the commission.

What can I expect to see in an Agency Agreement?

The following is a general indication of the main things you should expect to see in our Agency agreements which are contractual agreements on exchanges of service levels and remuneration between us.

Details about the business and asset for sale:

• The address of your business.

• Assets that are to be sold

with your business e.g. Machines, real estate, other operational assets including office furniture, etc.

• Details about your business e.g. number of locations, staff, gross income, expenses, cash level, liabilities, assets and stock held.

You must be honest and ensure that any details you provide to the consultant are accurate and factual. If you knowingly provide misleading or incorrect information, you may leave yourself open to breach of consultancy contract and also legal action from purchasing parties.

Information about the parties to the agreement

• Your name, address and other contact details.

• The name and contact details of your lawyer.

• The name of the consultant who is dealing with the business programming / change management or the marketing and sale of your business, as well as their full contact details and their office details.

• The Xecology Ltd head office business address.

• Confirmation that you have the authority to sign the Agency agreement on behalf of all owners of the business. If you are not the sole owner of the business, you must ensure either that all owners sign the agreement or that you have the authority of all the other owners to sign for them.

• Acknowledgement that you have read this guide

CONSULTANT AUTHORITY

Consultant Appointment and Authority

The agency agreement appoints Xecology as the named agent, with the responsibilities to market and sell, including details what they are authorised to do. This authority could be granted to a secondary agent, with Xecology Ltd acting as Master Agent. For example:

• If the asset is being promoted on the open market; the consultant will refer the business as a For Sale asset, to any third party; either potential buyer or agent.

• advertise your business for sale at the price, in the manner and on the conditions which you have authorised;

• Arrange inspections of your business by prospective buyers;

• Deduct the consultancy’s commission from the deposit made to your solicitor in the event that an offer for your business becomes unconditional.

The Type of Agency Agreement and the term of the Agreement

The consulting agreement will state whether this is a sole or general consulting arrangement (involving consultants from other organisations), the date on which the consultancy agreement starts, when it ends, and how to end the agreement. The term of the consultancy agreement is negotiable.

TYPES OF
AGENCY AGREEMENT

Two Types

There are two types of agreements we offer on the mandated sale of a business and assets.

Exclusive Agency

A sole consultancy agreement gives one agency the exclusive right to market and sell your business as well as the business exclusive rights to bonuses as a result of increased business through programming and change management projects . A sole agency means that only Xecology Ltd (and the consultants who work for Xecology Ltd) can carry out business consulting work on the business identified in the consulting agreement.

Master Agency

A Master agency agreement gives Xecology Ltd the right to market any of your assets, but also forward, bestow those rights to other qualified and associated agencies, who would be supervised and managed by Xecology Ltd. You will still only pay commission to Xecology who will then set up a separate agreement with junior agents who present successful buyers.

If you sign a sole consulting agreement, there are some things you should be aware of:

• You shouldn’t sign another consulting agreement with anyone else over the marketing of assets. If you do, you may have to pay both consultancies a commission when your business asset sells.

• If you sell the business or business asset privately under a sole consulting agreement in place, you will still need to pay Xecology Ltd a commission.

• If you change your mind immediately after signing, you can cancel the agreement by 5pm on the first working day after the consultant has given you a copy of the contract. You must cancel in writing (for example, by letter or email).

• If you sign a consulting agreement for a term of more than 90 consecutive days, either you or Xecology Ltd can end the agreement after 90 days. This must be done in writing.

• In some agreements, cancelling a consulting agreement means it becomes a general consulting agreement based on an hourly rate. You’ll need to cancel this too if you don’t want to continue with Xecology Ltd.

Details of any rebates, discounts or commissions the agent may receive:

If a consultant gets a discount, rebate or commission on any services they arrange for you and you’re paying for, Xecology Ltd will tell you. For example, a consultant may receive a discount on the cost of external services for your business program. This disclosure is done in a format that must be included as part of the consulting agreement. The agreement must state either:

• The estimated amount of rebate, discount or commission and its source, or

• That the consultant won’t be receiving any rebates, commissions or discounts.

Recommended standard business contractual clauses

Xecology Ltd will choose to use standard or non standard clauses in their consulting agreements. These clauses help protect your interests in accordance to the ethics standards adopted by Xecology Ltd.

We recommend you only use consultants or agents for your business that use clauses that are based on fair and transparent practices.

PRICING

Price per hour, available in 12.5 hour packages, £250 per hour, total for 12.5 hours; £3125. Ad hoc, no minimum; £385 per hour.

Analysis and Evaluations: £6160
Bespoke Programs: £10,000
Specialist programs: £11,400
Business Sale and acquisition fees: 5 %

XISTENCE