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StragFin Terms of Service

Posted: November 2020

 

By executing the Engagement Agreement which references these Terms, you agree to be bound by these Terms. If you are agreeing to these Terms on behalf of an entity, you represent that you have the authority to bind that entity; otherwise, you may not use Services offered by StragFin.

The services StragFin provides to you are specified in your Engagement Agreement. Our service offering may change over time. We reserve the right to add or remove solutions and services over time.

 

Data Use and Confidentiality

All customer data will be stored and adhere to the same security standards as where StragFin stores and processes its own data. To perform the services and solutions offered by StragFin reasonable customer cooperation, support, resources, and data may be required. StragFin and its employees will use this data solely for the purposes of performing the services requested and outlined in the Engagement Agreement.

 

Compensation

All fees will be stated in the Engagement Agreement. Unless otherwise agreed upon, StragFin will collect payment for the fees automatically via ACH. Applicable taxes will be applied on the total fees and stated in the Engagement Agreement. You hereby authorize StragFin or its payment processor to initiate entries to your business bank checking accounts on file with StragFin to pay amounts that you owe. Subscription services will be automatically renewed unless cancelled 14 days prior to the renewal date. With the exception of payment processing errors, all payments are non-refundable. StragFin reserves the right to cancel services if payment is not received within 7 days of the due date. We will not begin services until full payment is received. Project timelines are subject to receiving payments on time and any delays will delay the provision of services.

 

  1. For Subscription solutions, the Engagement Agreement is effective on the date it is signed and upon which the term begins. Terms are for one year and billed annually. Fees are due before provision of services. The Engagement Agreement is set to automatically renew on the anniversary date of the initial term unless cancelled 14 days prior to renewal.

  2. For Strategy and Finance Advisory Solutions, the Engagement Agreement which will include the scope of services, is effective on the date it is signed and upon which 2/3 of fees are due before provision of services. The remaining 1/3 of fees are due upon transfer of project deliverables. Strategy and Finance Advisory Solutions are project-based services that are non-cancellable once the Engagement Agreement is signed.

 

Upon full payment, the customer will own the rights to the deliverables created by StragFin specifically for them. StragFin will retain intellectual rights, templates, trade secrets and methods unless otherwise noted in the Engagement Agreement.

Warranties

Except as specifically provided herein, and to the fullest extent permitted by law, StragFin, its affiliates and employees make no warranties, either expressed or implied about any of the solutions, services, or deliverables. All solutions and services offered by StragFin are “as is”. There is no warranty that StragFin’s solutions, services, and deliverables will meet or exceed your needs and expectations. No warranty is made that solutions and services will be free of errors, free from timeline delays, reliable, and accurate. If the exclusions for implied warranties does not apply to you under applicable national or state law, warranties are limited to 30 days from the date of delivery of deliverables. StragFin disclaims that provision of our services will ensure compliance with any legal obligation.

Liabilities

StragFin’s maximum liability for all claims related to the solutions and services provided shall be limited as follows: (i) for Subscription solutions, the amount paid for the services during the 12 months prior to the claim, (ii) for StragFin’s Finance and Advisory solutions, the total fees as stated in the Engagement Agreement. StragFin is not liable for any damages relating to loss of data, revenues, expenses, profits, or business. This agreement states StragFin’s maximum liability for the services and deliverables provided.

Indemnification

You agree to indemnify, protect, and defend StragFin, Its employees and affiliates from any and all liabilities, damages, losses, expenses, attorney fees from third party claims arising from: (1) the use of and provision of our solutions and services, (2) your violation of the terms, (3) your violation of any third party right including but not limited to trademark, copyright, intellectual property, and (4) use and access to all affiliated websites and third party hosted websites of StragFin. StragFin reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Arbitration and Class Action Waiver

You and StragFin agree that any claims relating to the Engagement Agreement, solutions and services, or deliverables may only be brought to federal or state courts should an agreement by arbitration not be reached. Both parties agree that claims will not be filed unless resolution is not reached by the Arbitration process of California governed by the Commercial Arbitration Rules.

You and StragFin agree to not bring a claim in class, consolidated, or representative action and that both parties may only resolve disputes on an individual basis and to first resolve disputes through an arbitration process.

 

Entire Agreement

Unless otherwise stated in the Engagement Agreement, the terms of service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all pervious written agreements or negotiations.

 

Updates to this Agreement

StragFin reserves the right to update the Terms of Service at any time without notice. The changes will not take effect retroactively. We will communicate a notice of change in Terms of Service and the new terms will become effective 15 days after you are given notice.

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