Arbor Terms of Service

1. Agreement to Terms

Welcome to Arbor Operating Partners ("Arbor," "we," "us," or "our"). By accessing our website or using our services, you agree to comply with and be bound by the following Terms and Conditions. If you disagree with any part of these terms, you may not access our website or use our services.

2. Description of Services

Arbor provides comprehensive outsourced finance solutions, including but not limited to:

  • Bookkeeping services
  • Controller services
  • Tax services
  • CFO services
  • Stock administration

Our services are designed to assist businesses in managing their financial operations efficiently and effectively. Arbor shall be retained by the Client to provide the services as described in the agreed-upon proposal.

2.1 Service Delivery

  • a) Arbor is required to observe all existing and future rules and regulations as identified by the Client.
  • b) Arbor shall not maintain a permanent office space at the Client's premises. Services shall be primarily performed off-site, although Arbor may occasionally attend Client premises as needed.
  • c) Arbor may perform the Services at any location and during any time period of its choosing.

2.2 Independent Contractor Status

Arbor, its officers, directors, employees, contractors, or agents, shall not be deemed to be employees or dependent contractors of the Client for any purpose. Arbor is an independent contractor, with no authority to bind the Client in any way or sign agreements on behalf of the Client, except as specifically authorized.

3. Fees and Payment

3.1 Tailored Pricing

Arbor provides customized finance solutions for each client. As such, we offer tailored pricing for each specific service build. The fees for our services will be outlined in a separate proposal or agreement specific to your engagement.

3.2 Fee Structure

The fee structure may include, but is not limited to, one-time setup fees, recurring monthly fees, hourly rates for additional services, or project-based fees. The exact structure will depend on the scope and nature of the services provided.

3.3 Payment Terms

You agree to pay all fees associated with your tailored service package. Payment terms, including due dates and accepted payment methods, will be specified in your individual agreement.

3.4 Late Payments

If your payment is more than 7 days late, we may suspend your access to the Services until payment is received. We reserve the right to charge late payment fees or interest on overdue amounts, as specified in your individual agreement.

3.5 Fee Changes

We may adjust our fees from time to time. For ongoing services, we will provide notice of any fee changes at least 30 days before the change is to take effect. For project-based or one-time services, any fee changes will be communicated and agreed upon before the commencement of new work.

3.6 Taxes

Our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, accessible by any jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases from us.

3.7 Refunds

Our fee structure is generally non-refundable. However, specific refund policies may be outlined in your individual agreement, if applicable.

3.8 Disputes

If you believe that we have charged you incorrectly, you must contact us no later than 60 days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit.

4. User Content and Data

4.1 Your Data

You retain all rights and ownership of your data. By using our Services, you grant us a license to use, modify, and distribute your data solely to provide and improve our Services.

4.2 Data Security

We implement reasonable security measures to protect your data. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your data at your own risk.

4.3 Data Retention

We may retain your data after you have discontinued our Services if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

4.4 Confidentiality

Arbor recognizes that in the course of providing its services, it will be exposed to or generate confidential information relating to the Client. Arbor agrees not to disclose to any outside source, nor use for its own benefit, any such confidential information unless specifically authorized in writing by the Client.

5. Intellectual Property Rights

5.1 Arbor's Intellectual Property

The Services, website, and their original content, features, and functionality are owned by Arbor and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services and website for your internal business purposes.

5.3 Restrictions

  • a) Copy, modify, or create derivative works based on our Services or website content
  • b) Use any data mining, robots, or similar data gathering and extraction methods
  • c) Decompile, reverse engineer, or disassemble our Services or website
  • d) Remove any copyright or other proprietary notices from our Services or website

6. Limitation of Liability

To the fullest extent permitted by applicable law, Arbor, its affiliates, officers, directors, employees, agents, suppliers, or licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • a) Your access to or use of or inability to access or use the Services or website
  • b) Any conduct or content of any third party on the Services or website
  • c) Any content obtained from the Services or website
  • d) Unauthorized access, use, or alteration of your transmissions or content

7. Indemnification

You agree to defend, indemnify, and hold harmless Arbor and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  • a) Your use and access of the Services or website
  • b) Your violation of any term of these Terms
  • c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right

8. Termination

8.1 Termination by You

You may discontinue use of the Services at any time by providing written notice to us.

8.2 Termination by Arbor

We may terminate or suspend access to our Services or website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

8.3 Termination by Client

The Client may terminate this Agreement and Arbor's services at any time for any reason upon the provision of ninety (90) days' advance written notice.

8.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. Arbor will have no entitlement to any other or further payment other than for services rendered up to the date of termination.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, without regard to its conflict of law provisions.