Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and FinCore ("Company," "we," "us," or "our"), a marketing consulting firm located at 1714 Park Blvd, Gulfport, MS 39501. By accessing our website, requesting a consultation, signing a service agreement, or otherwise engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our services or website. We reserve the right to update these Terms at any time, and your continued use of our services constitutes acceptance of any revised Terms.

2. Description of Services

FinCore provides professional marketing consulting services, including but not limited to: marketing strategy development, brand positioning, marketing audits, digital growth consulting, campaign planning, and small business marketing coaching.

Important: FinCore is a consulting and advisory firm. Our services are advisory in nature. We provide strategic recommendations, frameworks, plans, and coaching. We do not manage advertising accounts, run paid campaigns, create content, manage social media accounts, or execute marketing activities on behalf of clients unless explicitly stated in a separate written agreement.

All deliverables and scope of work will be defined in a written Statement of Work ("SOW") or service agreement signed by both parties prior to the commencement of any engagement.

3. Eligibility

Our services are intended for business use only. By engaging FinCore, you represent and warrant that: (a) you are at least 18 years of age; (b) you are engaging our services for business or commercial purposes; (c) you have the legal authority to enter into this agreement on behalf of yourself or the business entity you represent; and (d) all information you provide to us is accurate and complete.

4. Consulting Engagements & Scope of Work

Each consulting engagement will be governed by a written SOW or service agreement that specifies: the services to be provided, the deliverables, the timeline, the fees, and any other relevant terms. No work will commence until a signed agreement and any required deposit have been received.

Any changes to the scope of work must be agreed upon in writing by both parties. Requests for additional work outside the original scope may result in additional fees and revised timelines. FinCore will provide a written change order for client approval before proceeding with any out-of-scope work.

You agree to provide us with timely access to information, materials, and personnel reasonably necessary to perform the services. Delays caused by your failure to provide required information or approvals may result in adjusted timelines and do not entitle you to a refund.

5. Payment Terms

Fees for our services are set forth in the applicable SOW or service agreement. Unless otherwise specified:

• Project-based work requires a deposit (typically 50%) prior to commencement, with the balance due upon project completion or as specified in the SOW.
• Monthly retainer engagements are invoiced at the beginning of each billing period and are due within 7 days of the invoice date.
• One-time consultation fees are due in full prior to the scheduled session.
• Late payments are subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance, compounding monthly from the due date.
• We reserve the right to suspend services for accounts more than 14 days past due without further notice.

All fees are stated in U.S. dollars. You are responsible for all applicable taxes, including sales tax, where applicable.

6. Intellectual Property

Upon receipt of full payment for the applicable engagement, FinCore assigns to you all right, title, and interest in the specific deliverables created for your project as outlined in the SOW, including but not limited to marketing strategy documents, brand positioning frameworks, and campaign plans ("Client Deliverables").

Notwithstanding the foregoing, FinCore retains all rights to its pre-existing intellectual property, proprietary methodologies, frameworks, processes, tools, templates, and know-how used in the development of Client Deliverables ("FinCore Methodology"). The assignment of Client Deliverables does not include any rights to FinCore's underlying methodologies or proprietary systems.

You grant FinCore a non-exclusive, royalty-free license to use your name, logo, and a general description of the services provided for our portfolio and marketing materials, unless you notify us in writing that you object to such use.

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the engagement ("Confidential Information"). Each party agrees not to disclose the other party's Confidential Information to any third party without prior written consent, and to use the Confidential Information only for the purposes of the consulting engagement.

This confidentiality obligation does not apply to information that: (a) is or becomes publicly available through no breach of this agreement; (b) was already known to the receiving party; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or court order.

Confidentiality obligations survive the termination of any service agreement for a period of two (2) years.

8. Disclaimer of Warranties

FinCore provides marketing consulting and advisory services. We do not guarantee specific marketing results, revenue increases, lead volumes, conversion rates, search engine rankings, or any other performance metrics. Marketing outcomes depend on numerous factors beyond our control, including but not limited to market conditions, competitive landscape, client execution, budget, and external economic factors.

Our services are provided on an "as-is" and "as-available" basis. To the fullest extent permitted by applicable law, FinCore disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the fullest extent permitted by applicable law, FinCore's total liability to you for any claims arising from or related to our services shall not exceed the total fees paid by you to FinCore in the three (3) months immediately preceding the event giving rise to the claim.

In no event shall FinCore be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, or loss of business opportunities, even if FinCore has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.

10. Indemnification

You agree to indemnify, defend, and hold harmless FinCore and its officers, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of our services; (b) your violation of these Terms; (c) any content or materials you provide to us; or (d) your violation of any applicable law or the rights of any third party.

11. Termination of Services

Either party may terminate a consulting engagement by providing written notice as specified in the applicable SOW. In the absence of a specific notice period, 30 days' written notice is required. Upon termination:

• You will pay for all services rendered and expenses incurred up to the date of termination.
• Any work completed prior to termination remains billable and is not subject to refund.
• Refunds for work not yet commenced will be handled in accordance with our Refund Policy.
• FinCore will deliver any completed work product to you upon receipt of all outstanding payments.

FinCore reserves the right to terminate any engagement immediately, without notice or refund, if you engage in conduct that is illegal, unethical, harmful to FinCore's reputation, or in material breach of these Terms.

12. Dispute Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms or our services, the parties agree to first attempt to resolve the matter through good-faith negotiation. Either party may initiate this process by sending written notice to the other party describing the dispute in reasonable detail.

If the parties are unable to resolve the dispute through negotiation within 30 days of the written notice, the dispute shall be submitted to binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Gulfport, Mississippi, and the decision of the arbitrator shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property or confidential information.

13. Governing Law

These Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the State of Mississippi, United States, without regard to its conflict of law provisions. To the extent that any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Harrison County, Mississippi.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date and, where appropriate, by email notification. Your continued use of our services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

15. Miscellaneous

These Terms constitute the entire agreement between you and FinCore with respect to their subject matter and supersede all prior and contemporaneous agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16. Contact Information

For questions about these Terms, please contact us: