FBP Terms of Service

Terms of Service - Fractional Business Partners

Thank you for purchasing our services at Maher & Associates LLC (DBA Turning Point HCM). You are accepting the practices described in this agreement.

This agreement is made effective on your purchase date and between You the “Partner” and Maher & Associates, LLC, “Company". In this agreement, the party who is contracting to receive services shall be referred to as “Partner,” and the party who will be providing the services shall be referred to as “Company” Therefore, the parties agree:

Partner would like to contract with Maher & Associates, LLC in the Fractional Business Partner Program.

We have chosen to pay for our services to Maher & Associates, LLC by either online bill pay backed up by EFT or CC (there will be a 4% service charge for CC). These services are for an agreement of one year, minimum, and will be charged monthly. Before beginning the assignment, we will pay the fees stated below or an agreed-upon amount until the end of the project or assignment. I understand we will be charged according to the Fractional Business Partner yearly agreement and EFT/CC AUTHORIZATION FORM. Maher & Associates, LLC. may terminate with 30 days' notice.
This is a 1-year commitment, paid monthly at $85 (a total of $1,020 per year), from the start date. All payments and notices are to be made directly through the use of online payment through your invoice. Payments are due 5 days from the invoice date. If invoices are not paid by the 10th day, the Partner authorizes Maher & Associates, LLC to charge their credit card or EFT or process the bill pay for the amount of the invoice. For any overdue invoices, after 7 days a 5% late fee per every 7 days will begin to accrue to your invoice. Refund of fees for any reason is only considered by Maher & Associates, LLC within 30 days of any sent invoice.
Maher & Associates, LLC and their team agree to keep confidential and not to divulge any confidential matters discussed or obtained from Partner.
Partner agrees to indemnify, defend and hold harmless Maher & Associates, LLC from and against any and all claims, actions, losses, or liabilities (including attorneys’ fees and fees for defense) arising out of, relating to, or resulting from the performance of consulting services by either Maher & Associates, LLC or their Consultants’ pursuant to this agreement, (except to the extent that such claim, action, loss, or liability was due to the sole negligence's or misconduct of Maher & Associates, LLC or such Consultants) or Partner breach or failure to perform any agreement, condition or provisions contained herein.
I authorize Maher & Associates, LLC to charge my EFT/CC as indicated above for services and products. I also authorize Maher & Associates, LLC to charge my EFT/CC if I have chosen to pay by invoice and my invoice is overdue by 10 days or more with the late fees applying. Should my EFT/CC expire or be declined I will promptly provide Company with new information. By signing the order form, I authorize the company to update the expiration date or to change the EFT account information by my verbal authorization. My signature below authorizes all charges and changes. This authorization also allows the Company to charge my EFT/CC, for any future services authorized verbally or in writing including such things as additional recruiting jobs, projects, extra hours, increase in pricing, assessments, ad placements, background checks, training, or software.
Company will safeguard the above confidential information and use it only for the above-noted purpose; it will not be released to any unauthorized parties.
Non-Solicitation: Partner agrees that at all times while Partner is employing the services of Company and for twelve months thereafter, Partner will not, directly or indirectly solicit, divert hire, retain (including as a consultant) or encourage to leave the employment period of Company and any employee of Company, or hire and retain (including as a consultant) any former employee of Company who has left the employment period within 12 months prior to such hiring or retention. Partner understands the cost that Company incurs to recruit, select and train employees. Partner agrees that if they violate this portion of the contract by hiring or contracting any Turning Point HCM employees either as an employee or contractor within 12 months of Turning Point HCM providing any services to Partner, Partner will pay a recruiting fee of $45,000 immediately via check or credit card. According to the Society for Human Resource Management, each time a business replaces a salaried employee, it costs six to nine months of salary.
Service(s) Billing and Auto-Renew: The Partner agreement to the service(s) include enrollment into an ongoing/recurring payment plan. Partner service(s) will automatically renew 12 months after the purchase date, and will continue to be automatically renewed annually, unless cancelled in accordance with Company cancellation policy below. Company reserves the right to change our pricing. In the event of a price change, Company will attempt to notify Partner in advance of the change by sending an email to the address Partner has provided on the purchase form, or any updated contact information Company receives during services. After the first 12 months of this service contract, the Partner may cancel their service(s) in accordance with our cancellation policy below. If Partner does not cancel services, the services will be renewed at the price in effect at the time of renewal automatically, and Partner authorizes Company to charge the payment method on file for these amounts.
Cancellation Policy: This agreement cannot be canceled within the first 12 months of services. The 12 months begins on the purchase date. After the first 12 months, when the agreement automatically renews, Partner may cancel the services at any time. Partner must provide Company in writing thirty (30) days’ notice of cancellation.
Company may amend this agreement. Any amendment will be effective thirty (30) days following Company’s notice to Partner of the amendment to this agreement. Company will attempt to notify Partner in advance of the change by sending an email to the address Partner has provided on the purchase form, or any updated contact information Company receives during services. If Partner does not agree to any change to this agreement, Partner must cancel the contract.

Disclaimer and Limitation of Liability: To the fullest extent, permitted by law, Company disclaims all warranties, express or implied, including without limitation for no infringement. TO THE FULLEST EXTENT PERMITTED BY LAW: (a) Company will not be liable for any consequential, special, indirect, exemplary or punitive damages (including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss or interruption to customer’s business) whether in contract, tort (including without limitation negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. Each party’s aggregate liability to the other is limited to amounts paid off payable to Company. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions, and power failures.

Applicable Law This Agreement shall be governed by the laws of the State of New York, the Company’s state of business registration. In the event that any disagreements arise, all litigation must occur in the Company’s county and state of business, Suffolk County, New York, USA.