Terms of Service

Last updated: December 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Eagle Rock CFO ("Company," "we," "us," or "our") governing your access to and use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Description of Services

Eagle Rock CFO provides fractional CFO and financial advisory services to businesses, including but not limited to financial reporting, analytics, FP&A, board deck preparation, and fundraising support. The specific scope of services will be defined in a separate engagement agreement between you and the Company.

3. Client Responsibilities

As a client, you agree to:

  • Provide accurate, complete, and timely information necessary for us to perform our services
  • Grant appropriate access to accounting systems and financial data as required
  • Respond to our communications and requests in a timely manner
  • Pay all fees as agreed in your engagement agreement
  • Maintain the confidentiality of any credentials or access we provide
  • Ensure you have proper authorization to share company financial data with us

4. Payment Terms

Payment terms will be specified in your engagement agreement. Unless otherwise agreed:

  • Services are billed monthly in advance
  • Payment is due within 15 days of invoice date
  • Late payments may incur interest at the rate of 1.5% per month
  • We reserve the right to suspend services for accounts with overdue balances

5. Confidentiality

We will maintain the confidentiality of all non-public information you provide to us. We will not disclose your confidential information to third parties except as necessary to perform our services, as required by law, or with your prior written consent. This obligation survives the termination of our engagement.

6. Intellectual Property

All materials, methodologies, templates, and tools we use to provide services remain our intellectual property. Upon payment, you receive a license to use deliverables we create specifically for you for your internal business purposes.

You retain all rights to your financial data and proprietary business information.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM
  • WE ARE NOT LIABLE FOR DECISIONS YOU MAKE BASED ON OUR ANALYSIS OR RECOMMENDATIONS

8. Disclaimer

Our services constitute financial advisory and consulting services only. We are not:

  • A licensed CPA firm and do not provide audit, attestation, or assurance services
  • Providing legal, tax, or investment advice
  • Acting as your bookkeeper or responsible for day-to-day accounting entries
  • Guaranteeing any specific financial outcomes or fundraising results

You should consult with appropriate licensed professionals for legal, tax, and audit matters.

9. Indemnification

You agree to indemnify, defend, and hold harmless Eagle Rock CFO and its principals, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with: (a) your use of our services; (b) your breach of these Terms; (c) your violation of any third-party rights; or (d) any inaccurate or incomplete information you provide to us.

10. Term and Termination

The initial term and renewal terms will be specified in your engagement agreement. Either party may terminate the agreement:

  • With 30 days written notice after the initial commitment period
  • Immediately upon material breach by the other party that remains uncured after 10 days notice
  • Immediately if the other party becomes insolvent or files for bankruptcy

Upon termination, you remain responsible for payment of all fees for services rendered through the termination date.

11. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration in Los Angeles County, California, in accordance with the rules of the American Arbitration Association.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such modifications constitutes your acceptance of the revised Terms.

13. Miscellaneous

  • Entire Agreement: These Terms, together with your engagement agreement, constitute the entire agreement between you and the Company
  • Severability: If any provision is found unenforceable, the remaining provisions will continue in effect
  • Waiver: Our failure to enforce any right or provision shall not constitute a waiver
  • Assignment: You may not assign these Terms without our prior written consent

14. Contact Us

If you have any questions about these Terms, please contact us at:

Email: nick@eaglerockaivc.com
Company: Eagle Rock CFO