Terms of Service
Legal terms and conditions for using Foray Business Group services
Last Updated: January 23, 2025
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Foray Business Group LLC ("Foray Business Group," "we," "us," or "our") regarding your use of our website at foraybusiness.com (the "Website") and our services.
By accessing our Website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.
Important: These Terms supplement and do not replace any signed service agreements or engagement letters you may have with Foray Business Group. In case of conflict, signed agreements prevail.
Services Overview
Foray Business Group provides professional accounting and business advisory services, including:
- Bookkeeping Services: Monthly bookkeeping, financial statement preparation, account reconciliation
- Business Advisory: Financial planning, cash flow management, growth strategies
- Payroll Services: Payroll processing, tax compliance, year-end reporting
- QuickBooks Services: Training, setup, support, and optimization
- Special Projects: Books cleanup, system migrations, process improvement
The specific services provided to you will be outlined in a separate service agreement or engagement letter.
Professional Relationship
Not a CPA Firm
Important Notice: Foray Business Group is a professional bookkeeping and business advisory firm. We are not a Certified Public Accounting (CPA) firm and do not provide CPA services, tax preparation, tax filing, or audit services. We work collaboratively with your CPA or tax professional.
No Professional-Client Privilege
Communications with Foray Business Group are not protected by attorney-client privilege or accountant-client privilege. We maintain strict confidentiality but cannot guarantee legal privilege protection.
Advisory Services Disclaimer
Our business advisory services provide information and recommendations based on financial data analysis. However, all business decisions remain your responsibility. We do not guarantee specific financial outcomes.
Engagement and Service Agreement
Service Scope
All services will be detailed in a written service agreement or engagement letter. This document will specify:
- Scope of services to be provided
- Fees and payment terms
- Client responsibilities and deliverables
- Service timeline and deadlines
- Termination conditions
Client Responsibilities
To receive quality service, clients agree to:
- Provide accurate, complete, and timely information
- Grant necessary access to financial systems and records
- Respond promptly to requests for information or clarification
- Review financial statements and reports in a timely manner
- Maintain proper business records and documentation
- Pay invoices according to agreed payment terms
Our Responsibilities
Foray Business Group commits to:
- Perform services with professional competence and care
- Maintain confidentiality of client information
- Communicate proactively about service status and issues
- Deliver services within agreed timelines
- Provide accurate and reliable financial reporting
Fees and Payment
Service Fees
Fees for our services are established in the service agreement. We typically offer:
- Fixed Monthly Fees: Flat-rate pricing for ongoing services
- Project-Based Fees: One-time fees for specific projects
- Hourly Rates: Time-based billing for consulting or special projects
Payment Terms
- Invoices are typically issued monthly
- Payment is due within 15 days of invoice date unless otherwise specified
- We accept credit cards, ACH transfers, and checks
- Late payments may incur a 1.5% monthly finance charge
- Services may be suspended for accounts 30+ days past due
Fee Changes
We reserve the right to adjust fees annually or when the scope of services changes significantly. You will receive 30 days' written notice of any fee increases.
Confidentiality and Data Security
Confidential Information
We maintain strict confidentiality of all client information, including:
- Financial records and statements
- Business strategies and plans
- Proprietary business information
- Employee and vendor information
- Any information marked confidential
Permitted Disclosures
We may disclose confidential information only when:
- You provide written authorization
- Required by law or legal process
- Necessary to defend against legal claims
- Sharing with professional consultants (CPAs, attorneys) with your consent
Data Security
We implement industry-standard security measures to protect your data, including encryption, secure servers, access controls, and regular security audits. See our Privacy Policy for details.
Intellectual Property
Our Materials
All content on our Website, including text, graphics, logos, templates, and software, is owned by Foray Business Group and protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our written permission.
Client Materials
You retain all rights to your business data and financial information. You grant us a limited license to use this information solely to provide agreed services.
Work Product
Financial statements, reports, and analyses we prepare for you are your property. However, our methodologies, templates, and proprietary processes remain our intellectual property.
Limitation of Liability
Service Limitations
Our services are provided based on information you supply. We are not responsible for:
- Errors resulting from incomplete or inaccurate information you provide
- Decisions you make based on our advisory services
- Third-party services or software failures
- Tax liabilities, penalties, or interest (consult your CPA)
- Acts of fraud or embezzlement by your employees or third parties
Liability Cap
To the maximum extent permitted by law, our total liability for any claims arising from our services shall not exceed the total fees paid by you for services during the 12 months preceding the claim.
No Consequential Damages
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, even if advised of the possibility of such damages.
Termination
Termination by You
You may terminate our services at any time by providing 30 days' written notice. You remain responsible for payment of services performed through the termination date.
Termination by Us
We may terminate services immediately if:
- Payment is more than 60 days past due
- You fail to provide necessary information or cooperation
- We identify a conflict of interest
- You engage in illegal activities or misrepresent information
- Continuing the engagement would violate professional standards
Post-Termination
Upon termination:
- We will provide final invoices for services rendered
- We will return your original documents and files
- We will provide reasonable transition assistance (fees may apply)
- Confidentiality obligations continue indefinitely
- You must pay all outstanding balances within 30 days
Website Use
Acceptable Use
When using our Website, you agree not to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit harmful code (viruses, malware, etc.)
- Attempt unauthorized access to our systems
- Interfere with Website functionality
- Collect user information without consent
- Use the Website for fraudulent purposes
Account Security
If you create an account or access our client portal, you are responsible for:
- Maintaining the confidentiality of login credentials
- All activities under your account
- Notifying us immediately of unauthorized access
Dispute Resolution
Informal Resolution
If you have concerns about our services, please contact us at [email protected]. We commit to addressing concerns promptly and professionally.
Mediation
Before pursuing legal action, both parties agree to attempt resolution through mediation. Mediation costs will be shared equally.
Governing Law
These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles. Any legal action must be brought in the courts of Clark County, Washington.
Professional Standards
Compliance
We adhere to professional standards including:
- Generally Accepted Accounting Principles (GAAP)
- Client Accounting Advisory Services (CAAS) standards
- QuickBooks ProAdvisor certification requirements
- State and federal regulations for bookkeeping services
Continuing Education
Our team maintains professional competence through ongoing training and education in accounting software, tax law changes, and industry best practices.
Records Retention
We maintain client records in accordance with professional standards and legal requirements, typically 7 years from the date of service completion. After this period, records may be destroyed unless you request otherwise.
Your Responsibility: You should maintain your own copies of all business records and financial documents. We are not responsible for serving as your permanent records repository.
Third-Party Services
We may recommend or integrate with third-party services (e.g., QuickBooks, payroll providers, payment processors). We are not responsible for third-party service performance, fees, or data practices. Review their terms and privacy policies independently.
Force Majeure
We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, internet outages, or third-party service disruptions.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.
Entire Agreement
These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between you and Foray Business Group regarding our services and Website use.
Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective when posted on our Website with an updated "Last Updated" date. Material changes to existing client agreements require written notice.
Your continued use of our services after changes are posted constitutes acceptance of the revised Terms.
Contact Information
For questions about these Terms or to request service information, please contact:
Get in Touch
Foray Business Group LLC
720 SE 160th Ave Suite 103-259
Vancouver, WA 98684
[email protected]
360-727-0707