1. Agreement to Terms
These Terms and Conditions (“Terms,” “Agreement”) constitute a legally binding agreement between Finclore, Inc. (“Finclore,” “we,” “our,” or “us”), a professional financial services firm incorporated in Texas and headquartered at 309 S Jupiter Rd, Ste 110, Allen, TX 75002, and you (“Client,” “you,” or “your”) — whether an individual, sole proprietor, partnership, corporation, LLC, franchise, or other legal entity.
By engaging Finclore’s services, accessing our website at finclore.io, submitting a contact form, signing an engagement letter, or otherwise using our platform, you agree to be bound by these Terms in their entirety. If you do not agree, you must not use our services or website.
These Terms apply in addition to any engagement letter, service agreement, or statement of work executed between you and Finclore. In the event of a conflict between these Terms and a signed engagement letter, the engagement letter shall govern with respect to the specific services described therein.
2. Services Provided
Finclore provides outsourced accounting and financial services including, but not limited to:
2.1 Accounting & Bookkeeping
- General bookkeeping and transaction categorization
- Small business bookkeeping and monthly financial statements
- Payroll processing and payroll tax compliance
- QuickBooks, Xero, and cloud accounting platform management
- Sales tax filing and multi-state compliance
2.2 Tax & Corporate Filings
- Federal and state business tax preparation and filing
- Individual income tax preparation
- Quarterly estimated tax calculations and payments
- IRS problem resolution and audit support
- Amended tax return preparation
- Tax advisory and planning
- Corporate secretarial services
2.3 Advisory Services
- Business consulting and financial analysis
- Cash flow projections and financial modeling
- Business valuations for sale or loan purposes
- Buy-side and sell-side M&A support
- Business plan development
2.4 Fractional CFO & Finance Leadership
- Virtual CFO services and strategic financial oversight
- Placement of fractional accountants, bookkeepers, AP/AR specialists, and demand planners
- ERP implementation expertise placement
2.5 ERP Implementation
- Odoo ERP implementation and configuration
- Salesforce ERP implementation and customization
- Microsoft Dynamics 365 implementation support
- Oracle ERP implementation support
2.6 Finclore Network (Accounting Firms)
Independent accounting firms may join the Finclore Network to access shared infrastructure, delivery capacity, lead generation, and practice management tools. Participation in the Finclore Network is subject to a separate membership agreement.
The specific scope of services, fees, and timelines for each engagement shall be set forth in a separate engagement letter or statement of work. Finclore reserves the right to modify the services offered at any time.
3. Client Responsibilities
To enable Finclore to deliver services effectively and accurately, you agree to:
- Provide complete, accurate, and timely financial records, documents, and information as requested by our team
- Grant appropriate access to accounting software, bank feeds, payroll platforms, and other systems required to perform the engagement
- Review and approve financial statements, tax returns, and other deliverables in a timely manner
- Notify Finclore promptly of any material changes to your business, structure, ownership, or financial circumstances
- Respond to Finclore communications within a reasonable timeframe to avoid delays in service delivery
- Maintain your own books and records as required by law; Finclore’s services supplement but do not replace your legal recordkeeping obligations
- Comply with all applicable laws and regulations, including tax laws, in the operation of your business
Finclore’s ability to deliver accurate work is dependent on the quality and timeliness of the information you provide. Finclore is not responsible for errors, omissions, or delays caused by inaccurate, incomplete, or late information provided by the Client.
4. Fees, Billing, and Payment
4.1 Fee Structure
Service fees are agreed upon in each engagement letter or statement of work and may be structured as monthly retainers, fixed project fees, or hourly rates depending on the nature of the engagement. All fees are quoted in U.S. dollars.
4.2 Invoicing and Payment Terms
Invoices are issued monthly or upon project milestones as specified in the engagement letter. Payment is due within fifteen (15) days of the invoice date unless otherwise agreed in writing. Finclore accepts payment via ACH transfer, wire transfer, credit card, and other methods as communicated during onboarding.
4.3 Late Payments
Overdue balances are subject to a late payment fee of 1.5% per month (18% per annum) or the maximum rate permitted by applicable Texas law, whichever is lower. Finclore reserves the right to suspend services for accounts more than 30 days past due, without liability for delays or losses resulting from such suspension.
4.4 Disputed Invoices
If you dispute an invoice, you must notify Finclore in writing within 10 days of receipt of the invoice. Undisputed amounts remain due and payable on the original due date. Failure to dispute within this timeframe constitutes acceptance of the invoice.
4.5 Taxes on Services
Fees quoted for Finclore’s services are exclusive of any applicable sales or use taxes. If any government authority requires Finclore to collect such taxes on its services, they will be added to your invoice.
5. Term and Termination
5.1 Term
These Terms are effective upon your first engagement with Finclore and continue until all services under active engagement letters are completed or terminated.
5.2 Termination by Client
You may terminate an engagement by providing at least thirty (30) days’ written notice to info@finclore.io. You remain responsible for all fees for services performed through the effective termination date, including any work in progress or committed costs.
5.3 Termination by Finclore
Finclore may terminate any engagement immediately upon written notice if:
- You fail to pay undisputed fees within 45 days of their due date
- You provide materially false, fraudulent, or misleading information
- Continuing the engagement would require Finclore to violate applicable law or professional standards
- A material breach of these Terms or the engagement letter remains uncured for 14 days after notice
5.4 Effect of Termination
Upon termination, Finclore will provide you with a final invoice covering all services rendered through the termination date. Finclore will cooperate in the orderly transition of your records and data, subject to payment of all outstanding balances. Finclore will retain records as required by applicable law and professional standards.
6. Confidentiality
Both parties acknowledge that they may receive confidential information in connection with the engagement. Finclore agrees to:
- Hold your financial records, tax information, business data, and other confidential information in strict confidence
- Use confidential information solely for the purpose of delivering the agreed services
- Disclose confidential information to its employees, contractors, and Finclore Network members only on a need-to-know basis, subject to binding confidentiality obligations
- Not disclose confidential information to any third party without your prior written consent, except as required by law
Your confidentiality obligations to Finclore include protecting Finclore’s proprietary methodologies, pricing, and service frameworks. Confidentiality obligations survive the termination of the engagement for a period of five (5) years.
7. Intellectual Property
All proprietary methodologies, workflow systems, templates, software, and practice management frameworks developed by Finclore remain the exclusive property of Finclore. These materials are provided to you for use only in connection with the services delivered under your engagement and may not be reproduced, distributed, or used for any other purpose.
Financial reports, tax returns, and other deliverables prepared specifically for your business using your data are your property upon full payment of applicable fees. You grant Finclore a limited license to use your data and documents solely to the extent necessary to perform the services.
8. Professional Standards and Limitations
Finclore’s accounting and tax services are performed in accordance with applicable professional standards and IRS guidelines. Please note:
- Finclore is not a law firm and does not provide legal advice. Our tax and corporate filing services do not constitute legal advice or create an attorney-client relationship.
- Finclore does not perform independent audits or attest engagements unless explicitly specified in an engagement letter with a licensed CPA.
- Tax positions are based on applicable law at the time of filing. Tax laws are subject to change and may affect prior filings.
- Business valuations and M&A advisory services are opinion-based and do not guarantee any particular business outcome, transaction price, or regulatory approval.
- Cash flow projections and financial models involve forward-looking estimates that are inherently uncertain and subject to change.
Advisory services are provided as professional opinions and recommendations. The final business and financial decisions remain with the Client at all times.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- FINCLORE’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ENGAGEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO FINCLORE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- FINCLORE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF FINCLORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- FINCLORE IS NOT LIABLE FOR PENALTIES, INTEREST, OR ADDITIONAL TAX ASSESSMENTS ARISING FROM INACCURATE OR INCOMPLETE INFORMATION PROVIDED BY THE CLIENT, OR FROM RETROACTIVE CHANGES IN TAX LAW.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Finclore’s liability shall be limited to the fullest extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Finclore, its officers, employees, contractors, and Finclore Network members from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your breach of these Terms or any engagement letter
- Inaccurate, incomplete, or fraudulent information you provide to Finclore
- Your violation of any applicable law or regulation
- Your business operations, decisions, or transactions
11. Dispute Resolution
11.1 Good Faith Negotiation
In the event of any dispute arising out of or relating to these Terms or any Finclore engagement, the parties agree to first attempt resolution through good faith negotiation. The party raising the dispute shall provide written notice describing the issue, and the parties shall meet (in person, by phone, or by video conference) within 15 business days to attempt resolution.
11.2 Mediation
If good faith negotiation fails, either party may request non-binding mediation administered by a mutually agreed mediator in Collin County, Texas, before initiating arbitration or litigation.
11.3 Arbitration
Any dispute that cannot be resolved through negotiation or mediation shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). Arbitration shall take place in Collin County, Texas. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
11.4 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any court action not subject to arbitration shall be brought exclusively in the state or federal courts located in Collin County, Texas, and you consent to the personal jurisdiction of such courts.
12. Website Use
Your use of finclore.io is subject to the following conditions:
- You may use our website only for lawful purposes and in accordance with these Terms
- You may not use our website to transmit any unlawful, harmful, or fraudulent content
- You may not attempt to gain unauthorized access to our systems, client portal, or any associated databases
- You may not use automated tools, bots, or scrapers to access or collect data from our website
Finclore makes no warranty that the website will be available without interruption, error-free, or free of viruses or other harmful code. The website and its content are provided “as is” to the extent permitted by applicable law.
13. Third-Party Software and Platforms
Our services may involve accessing, integrating with, or operating within third-party platforms including QuickBooks, Xero, Odoo, Salesforce, Oracle, and Microsoft Dynamics 365. Finclore is not responsible for the performance, availability, security, or data practices of these third-party platforms. Your use of third-party platforms is governed by their respective terms of service and privacy policies.
Finclore will access third-party platforms only with your explicit authorization and will not retain access credentials beyond the needs of the engagement.
14. Force Majeure
Finclore shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, power failures, internet outages, cyberattacks, or other events of force majeure. In such events, Finclore will notify you promptly and use commercially reasonable efforts to resume performance.
15. Modifications to These Terms
Finclore reserves the right to modify these Terms at any time. We will provide at least 30 days’ notice of material changes by email or by posting the updated Terms on our website at finclore.io. Your continued use of our services or website after the effective date of changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must notify us in writing and discontinue use of our services.
16. Severability and Waiver
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
No failure or delay by Finclore in exercising any right under these Terms shall constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of Finclore.
17. Entire Agreement
These Terms, together with any signed engagement letter, statement of work, or separate agreement between the parties, constitute the entire agreement between you and Finclore with respect to the subject matter hereof, and supersede all prior discussions, understandings, and agreements. No oral statements or prior written materials not incorporated herein shall be binding.
18. Contact Information
For questions, notices, or concerns regarding these Terms and Conditions, please contact:
Finclore, Inc.
309 S Jupiter Rd, Ste 110, Allen, TX 75002
Email: info@finclore.io
Phone: +1 469 854 3442
Website: finclore.io