Terms & Conditions

SECTION 01

About these terms

These Terms & Conditions apply to all consulting and advisory services provided by Fieldmark Consulting ("Fieldmark", "we", "us", "our") to a client ("you", "your"). They apply alongside any written engagement agreement, statement of work or proposal signed between us.

Where a signed written agreement conflicts with these terms, the signed agreement takes precedence for that engagement. Everything not addressed in that agreement is governed by these terms.

By instructing us to begin work, or by approving a scope of work in writing, you accept these terms.

SECTION 02

Definitions

• Engagement — the body of work agreed between Fieldmark and the client under a written scope.
• Milestone — a defined unit of work within an engagement, with stated deliverables, a stated fee and a stated completion point.
• Deliverable — any report, model, document, process, recommendation or other output produced under a milestone.
• Approval — your written confirmation that a milestone has been completed to the agreed scope.
• Written — includes email and other durable electronic records, not only signed paper documents.

SECTION 03

Services provided

Fieldmark provides management and operations consulting to businesses, including business performance review, operations and workflow design, growth, pricing and sales advisory, and cash flow and financial control support. The precise services for any engagement are those set out in the written scope.

We are business consultants. We are not accountants, lawyers, licensed financial advisers, insurance brokers or tax agents, and nothing we provide constitutes legal, accounting, tax, investment or regulated financial advice. Where an issue requires a licensed professional, we will say so and recommend that you engage one.

SECTION 04

The initial consult

Every engagement begins with an initial consult provided at no cost. Its purpose is to understand your situation, establish whether there is a problem we are competent to address, and determine whether an engagement makes sense for both parties.

The initial consult carries no fee, no obligation and no commitment on either side. If we conclude that we are not the right fit, or that the issue does not warrant paid work, we will tell you and no engagement will proceed.

SECTION 05

Scope and written agreement

Before any paid work begins, we will agree a written scope covering the deliverables, the milestones, the fee for each milestone, indicative timelines, the currency of fees, revision terms and any assumptions or dependencies the work relies on.

No paid work begins until that scope is agreed in writing by both parties. If the scope needs to change during the engagement — because the situation turns out to differ from what was understood, or because you want additional work — the change and any fee effect are discussed and agreed in writing before further time is spent. Scope does not expand silently and additional fees are never applied without prior written agreement.

SECTION 06

Milestones and approval

Engagements are delivered as a sequence of defined milestones. Each milestone has stated deliverables, a stated fee and a defined completion point set out in the written scope.

On completing a milestone we present the deliverables for your review. You then either approve the milestone in writing, or identify where it falls short of the agreed scope so that it can be revised. A milestone is complete only once you have approved it.

If you do not respond to a completed milestone within fifteen (15) business days of it being presented, and we have followed up at least once in that period, the milestone may be treated as approved so that the engagement is not held open indefinitely. This does not remove your right to reasonable revisions under Section 08.

SECTION 07

Fees and invoicing

Fees are those stated in the written scope. Unless expressly stated otherwise, fees are quoted in Canadian Dollars (CAD) and are exclusive of applicable taxes, which will be added where required by law.

No deposits or upfront payment

We do not take deposits, retainers or any upfront payment for work that has not been delivered. An invoice is issued only after the relevant milestone has been completed and approved in accordance with Section 06.

Payment terms

Invoices are payable within fourteen (14) days of issue unless a different period is stated in the written scope. Payments are accepted via Stripe and PayPal. Any transaction, currency conversion or processing charges applied by those providers to your payment are your responsibility.

Late payment

Where an approved invoice remains unpaid beyond its due date, we may pause further work on the engagement after giving you written notice and a reasonable opportunity to settle. We may apply interest on overdue amounts at a rate of 1.5% per month, or the maximum permitted by applicable law if lower.

Expenses

Out-of-pocket expenses such as travel beyond Metro Vancouver, third-party software licences or paid data sources are charged only where agreed in writing in advance, and are invoiced at cost.

SECTION 08

Revisions

Reasonable revisions required to bring a milestone to the outcome agreed in the written scope are included in the fee for that milestone. Revisions are part of doing the work properly and are not treated as additional billable services.

Requests that go beyond the agreed scope — new deliverables, a materially different direction, or work responding to a change in your circumstances after the scope was set — are not revisions. These are handled as a scope change under Section 05, discussed and agreed in writing before any further work is carried out.

SECTION 09

Refunds and incomplete work

Because invoices follow approval, situations requiring a refund are rare. Where they arise, the following applies.

Refunds due under this section are processed within fifteen (15) business days of the engagement ending, using the original payment method wherever possible.

Fees already paid for milestones that were delivered and approved are not refundable, as the work was completed and accepted. Where you are dissatisfied with a delivered milestone, the appropriate remedy is revision under Section 08.

SECTION 10

Client responsibilities

The quality of our work depends directly on the quality and completeness of what you give us. You agree to:

• Provide accurate, complete and current information, records and access to the extent reasonably required.
• Make available the people whose input the work depends on, within reasonable timeframes.
• Respond to requests for approval, feedback or information without undue delay.
• Nominate a single point of contact with authority to approve milestones.
• Hold all licences, permits and consents necessary to operate your business.

Where delays are caused by information or approvals not being provided, timelines are extended accordingly and we are not responsible for the resulting impact.

SECTION 11

Confidentiality

We treat all non-public information disclosed to us in the course of an engagement as confidential. We will not disclose it to any third party except where you consent in writing, where it is necessary to a subcontractor bound by equivalent obligations, or where disclosure is required by law.

These obligations continue for three (3) years after the engagement ends, and indefinitely for information that constitutes a trade secret. They do not apply to information that is or becomes public other than through our breach, that we already held lawfully, or that we develop independently.

We will not name you as a client or describe your engagement publicly without your prior written consent.

SECTION 12

Intellectual property

On full payment of the fees for the relevant milestone, ownership of the deliverables produced specifically for you under that milestone passes to you, and you may use them freely within your business.

Fieldmark retains ownership of its underlying methods, frameworks, templates, models and general know-how, including anything developed before the engagement or of general application. Nothing in an engagement transfers that underlying intellectual property, and we remain free to use our methods and accumulated experience for other clients.

You retain ownership of all materials, data and information you supply to us.

SECTION 13

No guarantee of results

We commit to delivering the agreed deliverables competently and to a professional standard. We do not guarantee any particular commercial outcome — including revenue growth, margin improvement, cost reduction, funding, or the success of any decision you make.

Business results depend on execution, market conditions, timing, staff, competition and many factors outside our control. Our recommendations are advisory. Decisions on whether and how to implement them remain yours, and responsibility for those decisions and their consequences rests with you.

Any projections, forecasts or models we prepare are estimates based on assumptions stated at the time. They are not predictions and should not be relied on as such.

SECTION 14

Limitation of liability

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

We are not liable for any indirect or consequential loss, or for loss of profit, revenue, anticipated savings, business opportunity, goodwill, data or reputation, however arising, even if we were advised of the possibility of that loss.

Any claim must be brought within twelve (12) months of the date you became aware, or reasonably should have become aware, of the circumstances giving rise to it.

SECTION 15

Term and termination

An engagement begins when the written scope is agreed and continues until the final milestone is delivered and approved, or until terminated under this section.

Either party may terminate an engagement at any time by giving written notice. On termination:

• Milestones already delivered and approved remain payable.
• Any amount paid for a milestone not delivered is refunded on a pro rata basis under Section 09.
• Work carried out on a milestone that was not reached is not charged.
• We will hand over any completed deliverables for which payment has been made.

We may terminate immediately where you are in material breach and have not remedied it within ten (10) business days of written notice, where an approved invoice remains unpaid well beyond its due date, or where continuing would require us to act unlawfully or unethically.

Sections 11, 12, 13, 14 and 19 survive termination.

SECTION 16

Privacy and data

We collect and process personal information only as necessary to provide our services and to respond to enquiries, in accordance with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and British Columbia's Personal Information Protection Act (PIPA).

Information submitted through this website's contact form is used solely to respond to your enquiry. We do not sell personal information and do not share it with third parties for marketing purposes.

Payment information is handled entirely by Stripe and PayPal under their own terms and privacy policies. Fieldmark does not store your full card or bank details.

You may request access to, correction of, or deletion of the personal information we hold about you by contacting us using the details in Section 21.

SECTION 17

Third-party tools

Where an engagement involves recommending or configuring third-party software, that software is supplied under its own vendor terms and pricing, for which you contract directly with the vendor.

We are not responsible for the availability, performance, security, pricing changes or discontinuation of any third-party product, and we receive no commission or referral fee for any tool we recommend. Recommendations are made on fit alone. Where any commercial relationship with a vendor exists, it will be disclosed to you in writing.

SECTION 18

Force majeure

Neither party is liable for failure or delay in performing its obligations where caused by events beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, civil unrest, labour dispute, failure of utilities or telecommunications, or action of government.

The affected party will notify the other promptly and both will work to minimise the impact. Where such an event continues for more than sixty (60) days, either party may terminate the engagement, with Section 09 applying to any amounts paid for undelivered work.

SECTION 19

Governing law

These terms and any engagement are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in that province.

The parties submit to the exclusive jurisdiction of the courts of British Columbia. Before commencing proceedings, both parties agree to attempt in good faith to resolve the dispute through direct discussion, and thereafter through mediation in British Columbia if direct discussion does not resolve it within thirty (30) days.

If any provision of these terms is found unenforceable, that provision is severed and the remainder continues in full effect.

SECTION 20

Changes to these terms

We may update these terms from time to time. The version in effect at the date your written scope is agreed governs that engagement for its duration. Changes are not applied retroactively to engagements already underway.

The current version is always published on this page with the date it was last updated.

SECTION 21

Contact

Questions about these terms, or requests relating to personal information, can be directed to:

Fieldmark Consulting
2932 Cliffrose Crescent, Coquitlam, BC V3E 2T2, Canada
Email: info@fieldmarkconsulting.ca
Phone: 942 288 1685