Terms and Conditions

Agreement to Terms

By using our website, engaging our services, or submitting any information through our contact forms, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with our Privacy Policy and any other applicable policies referenced herein.

If you do not agree with any part of these terms, you must immediately discontinue use of our website and services. Your continued use of our services following the posting of changes to these terms will be deemed your acceptance of those changes.

User Obligations and Conduct

Legal Compliance Requirements

As a user of our services, you agree to comply with all applicable federal, state, and local laws, regulations, and ordinances. This includes, but is not limited to:

• Providing accurate and truthful information in all communications and documentation
• Maintaining proper business records and documentation as required by law
• Complying with all tax laws and reporting requirements
• Respecting intellectual property rights of Fiducian and third parties
• Maintaining confidentiality of any proprietary information shared during service delivery

Prohibited Conduct

You expressly agree not to engage in any of the following prohibited activities:

• Using our services for any unlawful purpose or in violation of these terms
• Providing false, misleading, or fraudulent information to us or through our services
• Attempting to interfere with, compromise, or disrupt our website or services
• Using automated systems or software to extract data from our website
• Harassing, abusing, or threatening our staff or other clients
• Sharing your account credentials or allowing unauthorized access to your account
• Using our services in any manner that could damage our reputation or business interests

Information Accuracy and Updates

You are responsible for ensuring that all information you provide to us is accurate, complete, and current. You agree to promptly update any information that changes, including contact information, business details, and financial data. Failure to maintain accurate information may result in service delays, errors in our work product, or termination of services.

Client Responsibilities

Cooperation and Communication

You agree to cooperate fully with us in the performance of our services. This includes responding to requests for information in a timely manner, providing access to necessary records and documentation, making yourself available for consultations as needed, and maintaining open lines of communication. Delays or failures in cooperation may affect our ability to deliver services effectively and on schedule.

Document Provision and Organization

You are responsible for providing complete and accurate financial records, receipts, invoices, and other documentation necessary for us to perform our services. You should maintain organized records and provide documents in a format that facilitates efficient processing. We are not responsible for delays or additional costs resulting from disorganized or incomplete documentation.

Independent Decision Making

While we provide professional accounting services and may offer guidance based on our expertise, you retain full responsibility for making business decisions. We do not make financial, operational, or strategic decisions on your behalf. You should carefully consider our recommendations and consult with other advisors as appropriate before making important business decisions.

Disclaimers and Limitations of Liability

Service Disclaimers

Our services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that our services will meet your specific requirements or expectations
• Warranties of uninterrupted or error-free service delivery
• Warranties regarding specific financial outcomes or results

We make no guarantees regarding specific business results, tax savings, financial improvements, or other outcomes that may result from our services. Actual results depend on numerous factors beyond our control.

Limitation of Liability

To the maximum extent permitted by law, Fiducian shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or downtime
• Reputational harm or goodwill loss
• Cost of substitute services or procurement of replacement goods

Our total liability to you for any claims arising from or related to our services shall not exceed the total amount paid by you to us for services during the six months preceding the claim, regardless of the form of action.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemics, utility failures, or internet service disruptions. In such events, our obligations will be suspended for the duration of the force majeure circumstance.

Indemnification

You agree to indemnify, defend, and hold harmless Fiducian, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

• Your use of our website or services
• Your violation of these Terms and Conditions
• Your violation of any law or regulation
• Your violation of any rights of a third party
• Any inaccurate or incomplete information you provide to us
• Any business decisions you make based on our services or recommendations

This indemnification obligation will survive the termination of your use of our services and these Terms and Conditions.

Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By using our services, you consent to our collection, use, and disclosure of personal information as described in our Privacy Policy.

You acknowledge that the internet is not a secure medium and that confidentiality of communications transmitted through our website cannot be guaranteed. You agree that we are not responsible for any harm resulting from the interception of information transmitted through our website by third parties.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the state in which our principal office is located, without giving effect to any principles of conflicts of law.

You agree that any legal action or proceeding between you and Fiducian for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in the courts located in the jurisdiction of our principal office. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection on the grounds of inconvenient forum.

Dispute Resolution Procedures

In the event of any dispute, claim, or controversy arising from or relating to these Terms and Conditions or our services, the parties agree to first attempt to resolve the matter through good faith negotiation.

If the dispute cannot be resolved through negotiation within 30 days, either party may request non-binding mediation. The parties shall share equally the costs of mediation, and each party shall bear its own attorney fees and expenses.

If mediation is unsuccessful, either party may pursue litigation in accordance with the governing law and jurisdiction provisions stated above. This dispute resolution procedure does not prevent either party from seeking injunctive or other equitable relief when appropriate.

Modification of Terms

We reserve the right to modify, amend, or update these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. We will update the "Last updated" date at the top of this page to reflect the date of the most recent changes.

Your continued use of our website or services after changes are posted constitutes your acceptance of the modified terms. If you do not agree with the modified terms, you should discontinue use of our services. We encourage you to review these Terms and Conditions periodically to stay informed of any updates.

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed from these terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect.

Waiver

No waiver by Fiducian of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these terms shall not constitute a waiver of such right or provision. All waivers must be in writing to be effective.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any service agreements entered into between you and Fiducian, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.