Terms of Service

Last updated: January 31, 2025

These Terms of Service govern your use of the Fiducian website and the accounting services we provide. By accessing our website or using our services, you agree to be bound by these terms. Please read them carefully before proceeding.

Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these terms, you should not use our website or services.

These terms apply to all visitors, users, and others who access or use our services. We reserve the right to modify these terms at any time, and your continued use of our services after changes are posted constitutes acceptance of those changes.

Description of Services

Fiducian provides professional accounting services to businesses, including accounts payable management, accounts receivable and collections, cash flow forecasting, and related financial services. Our services are designed to help businesses maintain organized financial records and gain clarity about their financial position.

The specific services provided to each client are outlined in individual service agreements. These Terms of Service supplement, but do not replace, any separate service agreements you may have with us. In the event of a conflict between these terms and a service agreement, the service agreement will take precedence.

Acceptable Use Policy

Permitted Uses

You may use our website and services for the following purposes:

  • Accessing information about our accounting services and company
  • Contacting us through provided forms or contact information
  • Using our services in accordance with your service agreement
  • Engaging in legitimate business communications related to our services

Prohibited Activities

When using our website and services, you agree not to:

  • Violate any applicable local, state, national, or international law
  • Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Interfere with or disrupt our services or servers or networks connected to our services
  • Attempt to gain unauthorized access to any portion of our website, other accounts, computer systems, or networks
  • Use any automated means to access our services or collect information from our website
  • Reproduce, duplicate, copy, sell, or exploit any portion of our services without express written permission

User Accounts and Access

If you create an account or are provided access credentials to use our services, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

We reserve the right to suspend or terminate accounts that violate these Terms of Service, are inactive for extended periods, or are being used in ways that could compromise security or service quality.

Service Availability and Modifications

Service Uptime and Maintenance

While we strive to provide reliable and consistent service, we do not guarantee uninterrupted access to our website or services. Our services may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We will make reasonable efforts to notify clients of planned maintenance in advance, though emergency maintenance may occur without prior notice.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of our services without liability. For material changes to services covered by your service agreement, we will provide reasonable advance notice.

Geographic Availability

Our services are primarily intended for businesses operating in the United States. We make no representation that our services are appropriate or available for use in other locations. If you access our services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

Intellectual Property Rights

Our Content and Trademarks

All content on our website, including text, graphics, logos, images, software, and other materials, is the property of Fiducian or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. The Fiducian name and logo are trademarks of Fiducian.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or publicly perform any of our content without our prior written consent. You may download or print content for your personal, non-commercial use only, provided you maintain all copyright and other proprietary notices.

Client Content and Data

You retain all ownership rights to the financial data and business information you provide to us. By providing this information, you grant us a limited license to use, process, and store it solely for the purpose of providing our accounting services to you.

You represent and warrant that you have the necessary rights to provide any information or materials you submit to us and that such materials do not violate the intellectual property rights of any third party.

Payment and Fees

Service fees are specified in individual service agreements and are subject to the payment terms outlined in those agreements. Fees are typically billed on a monthly basis and are due according to the payment schedule specified in your service agreement.

All fees are non-refundable unless otherwise stated in your service agreement or required by applicable law. We reserve the right to modify our service fees with reasonable advance notice to existing clients. Fee changes will not affect services already under contract unless agreed to in writing.

Late payments may result in suspension of services and may incur late fees as specified in your service agreement. We reserve the right to use collection agencies or legal action to recover unpaid fees, and you will be responsible for all costs of collection, including reasonable attorney fees.

Termination

Either party may terminate a service agreement according to the termination provisions specified in that agreement. Typically, termination requires written notice and may be subject to notice periods to allow for proper transition of services.

We reserve the right to immediately suspend or terminate your access to our services if you violate these Terms of Service, fail to pay fees when due, or engage in conduct that could harm our business reputation or other clients.

Upon termination, you remain responsible for all fees incurred prior to termination. We will provide you with your financial records and data in a commonly used format, subject to payment of any outstanding fees. Provisions of these terms that by their nature should survive termination will continue to apply.

Professional Standards and Limitations

Our accounting services are provided in accordance with applicable professional standards and ethical guidelines. While we strive to provide accurate and helpful service, we cannot guarantee specific financial outcomes or results from our services.

The information and services we provide are based on the information you provide to us. You are responsible for the accuracy and completeness of information you submit. We are not responsible for errors resulting from incomplete or inaccurate information provided by you.

Our services do not constitute legal, tax, or investment advice. For matters requiring such advice, you should consult with appropriate professionals. While we may provide information related to these areas in the course of our accounting services, you should not rely on this as professional legal or tax advice.

Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of the United States and the state in which our principal office is located, without regard to conflict of law principles.

Any disputes arising from these terms or our services should first be addressed through good faith negotiation between the parties. If a dispute cannot be resolved through negotiation, it may be submitted to mediation before pursuing litigation.

You agree that any legal action or proceeding related to these terms or our services shall be brought exclusively in the courts located in the jurisdiction of our principal office, and you consent to the personal jurisdiction of such courts.

Severability and Entire Agreement

If any provision of these Terms of Service is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will continue in full force and effect.

These Terms of Service, together with our Privacy Policy and any service agreements you enter into with us, constitute the entire agreement between you and Fiducian regarding your use of our website and services, superseding any prior agreements or understandings.

Contact Information

If you have questions about these Terms of Service, please contact us through our contact page. We will respond to your inquiry as promptly as possible.