Terms of Service
1. Introduction
Welcome to FP & Associates (“we,” “us,” or “our”). By accessing or using our website, services, or any other offerings (“Services”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please refrain from using our Services.
These Terms constitute a legally binding agreement between you (“the client” or “the user”) and FP & Associates. Additional terms may apply to specific services, and those terms will be communicated to you as required.
2. Scope of Services
FP & Associates provides corporate advisory services, including but not limited to:
- Strategic planning and transaction advisory
- Business restructuring and turnaround solutions
- Financial modeling and performance analysis
- Risk and governance advisory
Our Services are tailored to meet the specific needs of our clients and are subject to the terms outlined in client-specific agreements where applicable.
3. Eligibility and Client Obligations
To use our Services, you must:
- Be 18 years or older.
- Provide accurate and complete information when requested.
- Not use our Services for unlawful purposes or in violation of any applicable laws.
You are responsible for maintaining the confidentiality of your account information and ensuring that all actions taken under your account comply with these Terms.
4. Confidentiality and Data Protection
We value the confidentiality of your information and will take reasonable measures to protect it. However, the following applies:
- Both parties agree to keep all information exchanged confidential and use it solely for the purposes of fulfilling the agreed-upon services.
- Our use of your personal information is governed by our Privacy Policy, which you can review on our website.
5. Intellectual Property
All content on our website, including text, graphics, logos, and service descriptions, is the intellectual property of FP & Associates unless otherwise indicated. You may not copy, reproduce, distribute, or exploit any of our intellectual property without prior written consent.
For deliverables provided as part of our Services, specific intellectual property rights will be outlined in individual agreements.
6. Disclaimers and Limitation of Liability
6.1. General Disclaimer:
- Our Services are provided on an "as is" and "as available" basis.
- While we strive for accuracy and excellence, FP & Associates does not warrant that the Services will be error-free, uninterrupted, or meet specific expectations.
6.2. Limitation of Liability:
- FP & Associates is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use our Services.
- Our total liability for any claims under these Terms is limited to the amount paid by you for the specific service in question.
7. Fees, Payment, and Cancellation
7.1. Fees:
- Service fees will be communicated and agreed upon in writing prior to the commencement of any project or engagement.
7.2. Payment Terms:
- Payments must be made in accordance with the agreed terms, and failure to do so may result in suspension or termination of Services.
7.3. Cancellation:
- You may terminate our Services with written notice, subject to any applicable cancellation fees outlined in your agreement.
- FP & Associates reserves the right to terminate Services if these Terms are violated or payment obligations are not met.
8. Client Responsibilities and Representations
You agree to:
- Provide FP & Associates with accurate, timely, and complete information required for the delivery of Services.
- Respond to requests for information or approvals within agreed timeframes.
- Assume responsibility for decisions made based on our advisory services.
9. Termination
Either party may terminate these Terms with written notice if:
- A material breach of these Terms occurs.
- The other party becomes insolvent or unable to fulfill obligations.
Upon termination, any outstanding fees for Services rendered will remain payable.
10. Force Majeure
FP & Associates is not liable for delays or failure to perform due to circumstances beyond our control, including natural disasters, government actions, strikes, or technological disruptions.
11. Dispute Resolution
11.1. Governing Law:
These Terms are governed by the laws of the Republic of South Africa.
11.2. Resolution Process:
In the event of a dispute, parties agree to first seek resolution through negotiation. If unresolved, disputes will be referred to arbitration in Johannesburg, South Africa, in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
12. Amendments to Terms
FP & Associates reserves the right to amend these Terms at any time. Changes will be posted on our website, and continued use of our Services constitutes acceptance of the revised Terms.
13. Contact Information
For questions or concerns about these Terms, please contact us: