Welcome to Fractional Force. These Terms and Conditions ("Terms") govern your use of our elite fractional COO services and establish the legal framework for our high-value consulting engagements. By engaging our services, you agree to be bound by these Terms.
As a premium B2B consultancy serving enterprise clients, we maintain the highest standards of professional service delivery. These Terms reflect our commitment to transparent, results-driven partnerships that drive operational excellence.
Comprehensive assessment of current operations, stakeholder interviews, and strategic analysis
Execute strategic initiatives, optimize processes, and implement performance management systems
Continuous improvement, performance monitoring, and strategic guidance for sustained growth
50% of engagement value due upon contract execution
Remaining balance distributed across engagement duration
Performance-based compensation for exceeding targets
ACH transfer, wire transfer, or company check
1.5% monthly interest on overdue balances
Pre-approved expenses billed at cost
We understand the sensitive nature of strategic business information shared during our engagements. Both parties commit to maintaining strict confidentiality throughout and beyond the engagement period.
Financial data, strategic plans, operational metrics
Systems architecture, proprietary processes, IP
Employee data, organizational structure, compensation
Court orders, regulatory requests, compliance obligations
Information already in public domain
Express written consent for specific disclosures
AES-256 encryption for all confidential data storage and transmission
Need-to-know basis access with multi-factor authentication
Complete logging and monitoring of all access to confidential information
Total liability limited to the total fees paid under the service agreement
No liability for indirect, incidental, or consequential damages under any circumstances
$2M professional liability insurance coverage for errors and omissions
Mutual indemnification for third-party claims arising from breaches of agreement
Fraudulent, criminal, or intentionally harmful acts are not subject to liability limitations
Damages from unauthorized disclosure of confidential information
Claims related to intellectual property rights violations
30 days written notice required
Immediate termination for material breach
Termination after 30 days past due
Material breach of confidentiality or cooperation requirements
30-day transition period included
All confidential information returned or destroyed
Final invoice due within 15 days of termination
Good faith negotiations between authorized representatives of both parties
Binding mediation through American Arbitration Association (AAA) or mutually agreed mediator
Final resolution through single arbitrator using AAA Commercial Arbitration Rules
Arbitrator with minimum 10 years experience in business consulting disputes
Streamlined discovery process to control costs and timeline
All proceedings and outcomes remain strictly confidential
Delaware state law governs all disputes and interpretations
All proceedings conducted in Wilmington, Delaware or virtually by mutual consent
Arbitration awards enforceable in any court of competent jurisdiction
In arbitration proceedings, the prevailing party is entitled to recover reasonable attorney fees and costs from the non-prevailing party, subject to arbitrator's discretion.
Mediation costs are split equally regardless of outcome to encourage good faith participation in alternative dispute resolution.
These Terms, together with any executed service agreements and statements of work, constitute the entire agreement between the parties and supersede all prior negotiations and understandings.
No modifications to these Terms are valid unless agreed to in writing and signed by authorized representatives of both parties.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.
Neither party is liable for delays or non-performance due to circumstances beyond their reasonable control, including natural disasters, government actions, or other unforeseeable events.
Neither party may assign this agreement without prior written consent, except Fractional Force may assign to affiliated entities or in connection with a change of control.
All notices must be in writing and delivered to the contact information specified in the service agreement via email with read receipt or certified mail.
For any legal inquiries, contract questions, or to discuss these Terms and Conditions, please contact our Legal Department. We're committed to responding within 2 business days for all legal matters.
Insurance certificates, corporate documents,
and compliance documentation