Effective Date: December 17, 2025
Last Updated: December 17, 2025
These Terms of Service (“Terms”) govern your access to and use of the website and services provided by The Financial Anchor, LLC (the “Consultant,” “we,” “our,” or “us”), a Texas limited liability company. By accessing or using our Website, engaging with our content, or signing an official Master Services Agreement (MSA), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all these Terms, you must not use the Website or engage our services.
1. ACCEPTANCE AND BINDING CONTRACT
1.1. Acceptance
By using the Website, you represent that you are at least 18 years old and capable of forming a binding contract with The Financial Anchor, LLC.
1.2. Governing Engagement
The full terms, scope, and pricing for all paid services are strictly governed by a separate, signed Master Services Agreement (MSA) and its attached Statement of Work (SOW) Addendum. In case of any conflict between these Website Terms and a Service Agreement (MSA/SOW), the terms of the signed Service Agreement shall prevail regarding the specific services covered by that agreement.
2. SERVICES OVERVIEW AND CRITICAL EXCLUSIONS
2.1. Nature of Services
The Consultant shall perform the services, deliverables, and targets set forth in the attached SOW Addendum, which is incorporated herein. The SOW shall define the scope of the services, including both the Foundational Bookkeeping Core and Executive Financial Governance goals.
2.2. MANDATORY DISCLAIMER: NOT A CPA FIRM
The Financial Anchor, LLC is an advisory and outsourced fractional executive service. The Consultant is explicitly NOT a Certified Public Accountant (CPA) firm, nor is it a Public Accounting firm.
2.3. Excluded Services (No Audit, Attest, or Tax Preparation)
The Consultant SHALL NOT perform any audit, attest, or certification services. The Consultant is NOT responsible for, and SHALL NOT sign, any federal or state income tax returns (e.g., Form 990, Form 1120) as a preparer or officer. Our role is strictly limited to providing EGC-certified, clean financial books to the Client’s external CPA or tax professional.
2.4. Tax and Legal Responsibility
The Client is solely responsible for all tax filings, payment of taxes, and compliance with all tax and legal regulations relevant to their business operations. The Consultant assumes no liability for penalties, interest, or other costs arising from the Client’s tax non-compliance.
3. CLIENT OBLIGATIONS AND WORKFLOW
3.1. Timely Data Provision
The Client acknowledges that the EGC workflow is time-sensitive. The Client agrees to provide all necessary financial documents, statements, receipts, and transactional clarifications in a timely manner.
3.2. Workflow Compliance
The Client is required to adhere to the Consultant’s weekly transactional clarification workflow and must respond to requests within the timeframe specified in the MSA (typically 48 hours). Failure by the Client to comply with the defined workflow may result in delays to the monthly close and is not grounds for any fee reduction or termination for cause against the Consultant.
4. FEES AND PAYMENT
4.1. Monthly Retainer
Fees for ongoing services are based on the monthly retainer amount specified in the Client’s signed MSA. All monthly retainer fees are due in advance and are non-refundable. Payments not received within five (5) days of the due date will incur a late fee of 1.5% per month (or the maximum legal rate) on the outstanding balance.
4.2. Catch-Up & Clean-Up Project Fee
Any initial engagement requiring forensic review and correction of prior, unmaintained periods will incur a separate, non-refundable Catch-Up and Clean-Up Project Fee. This project fee must be paid in full before the ongoing Foundational Core or EGC monthly retainer services commence.
4.3. Suspension of Services
Payment is due upon receipt of the invoice. Any account not settled within five (5) business days of the due date shall be considered delinquent.
Zero-Tolerance Suspension: THE FINANCIAL ANCHOR, LLC maintains a zero-tolerance policy for delinquent accounts regarding critical operational services. If any balance remains unpaid after the 5-business-day threshold, all services—specifically including Payroll Administration, AP Processing, and Financial Reporting—will be suspended immediately.
Liability Waiver: TFA shall not be liable for any damages, penalties, or interest (including payroll tax penalties or grant forfeiture) incurred by the Client during a period of service suspension due to non-payment.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Consultant IP
The Website, its entire contents, features, functionality, and all materials developed by the Consultant (including, but not limited to, EGC methodologies, reports, documentation, and proprietary checklists/workflows) are owned by The Financial Anchor, LLC and are protected by copyright, trademark, and other intellectual property laws.
5.2. Client IP
The Consultant retains all ownership rights to the underlying methodologies, templates, models (including the Full-Costing Model), and processes used to create the deliverables. The Consultant grants the Client a non-exclusive, perpetual, royalty-free license to use the final work product (e.g., Finance Operations Playbook, Internal Controls Manual) for internal organizational purposes only.
6. PROHIBITED USES OF THE WEBSITE
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
7. DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE CONSULTANT NOR ANY PERSON ASSOCIATED WITH THE CONSULTANT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
8. LIMITATION OF LIABILITY AND INDEMNIFICATION
8.1. Maximum Liability Cap
The Consultant’s total liability for any and all claims arising out of or related to the services provided under a signed MSA shall be strictly limited to the total fees paid by the Client to the Consultant in the three (3) months immediately preceding the event giving rise to the claim.
8.2. Exclusion of Damages
The Consultant shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, revenue, data, or goodwill, even if foreseeable.
8.3. Client Indemnification
The Client agrees to indemnify and hold harmless the Consultant from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) the Client’s non-compliance with tax laws or regulatory requirements; (b) the Client’s failure to provide accurate or complete information; or (c) any claims made by the Client’s third-party accountants or auditors based on data that the Client did not provide accurately or timely.
8.4. Grant Compliance and Attestation Limitations. In performance of services involving high-stakes grant reconciliation (including FEMA, Federal, State, or Municipal funds), TFA acts solely as a data processor and financial advisor.
Client as Grantee: The Client acknowledges that they remain the primary “Grantee” or “Sub-grantee” of record. The Client is exclusively responsible for the accuracy of all programmatic data provided to TFA and for the execution of all Grantee Certifications, Attestations, and Legal Assurances required by the government.
No Certification Power: TFA does not have the authority to, and shall not, sign any government certifications, audit representations, or compliance statements on behalf of the Client.
Final Validation: While TFA provides the reconciled financial data, the Client is responsible for the final review and validation of all submissions. TFA is not responsible for the ultimate outcome of any audit or the approval of any grant-related reimbursement request.
9. DISPUTE RESOLUTION (MANDATORY BINDING ARBITRATION)
Any controversy or claim arising out of or relating to this Agreement shall be resolved exclusively through Binding Arbitration administered by the American Arbitration Association (AAA). The parties agree to the following procedural modifications:
Remote Preference: To the maximum extent permitted by AAA rules, all mediation, preliminary hearings, and the final arbitration hearing shall be conducted remotely via videoconference (e.g., Zoom or Microsoft Teams) to accommodate the parties’ geographic locations.
In-Person Venue: In the event that an arbitrator rules that an in-person hearing is strictly necessary, the exclusive venue for such proceedings shall remain in Harris County, Texas.
Finality and Waiver: The decision of the arbitrator shall be final and binding, and both parties knowingly waive any right to a trial by jury.
Costs: The prevailing party in any arbitration shall be entitled to recover its reasonable attorney’s fees and costs.
10. GENERAL PROVISIONS
10.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
10.2. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
10.3. Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
11. CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us:
The Financial Anchor, LLC
Email: info@thefinancialanchor.com
Phone: 281-972-4712
Mailing Address: P.O. Box 53651 Houston, TX 77052
