Terms of Service

Kearney & Partners provides operational finance advisory, workflow optimization, reporting infrastructure support, audit process management, bookkeeping services, strategic finance advisory, and related consulting services.

Specific services, timelines, deliverables, fees, and responsibilities may be governed by separate written engagement agreements.

Unless explicitly stated in a separate written engagement agreement, Kearney & Partners does not provide:

• Independent audit opinions
• Attestation services
• Assurance engagements
• Legal advice
• Investment advice

Operational advisory, bookkeeping, workflow consulting, readiness support, and related services should not be interpreted as an independent audit, examination, or assurance engagement.

Information provided on this website is for general informational purposes only and does not constitute professional, accounting, audit, legal, tax, investment, or financial advice.

You should not rely on website content as a substitute for professional advice specific to your organization's facts, circumstances, obligations, or operating environment.

Reliance on website content is at your own risk.

Separate written engagement agreements may govern specific services and deliverables.

In the event of any conflict between these Terms and a signed engagement agreement, the signed engagement agreement shall control.

Clients are responsible for:

• Providing accurate, complete, and timely information
• Maintaining appropriate internal controls, approvals, and oversight
• Retaining original books, records, supporting documentation, and regulatory filings unless otherwise agreed in writing
• Reviewing deliverables, reports, and communications
• Implementing organizational decisions and recommendations

Kearney & Partners is not responsible for errors, delays, deficiencies, or outcomes resulting from incomplete, inaccurate, or untimely information provided by clients or third parties.

Nothing in these Terms or any engagement creates:

• An employment relationship
• A legal partnership
• A joint venture
• A fiduciary relationship beyond agreed professional obligations

Kearney & Partners may coordinate with independent contractors, consultants, specialists, or third-party service providers as necessary to support operational delivery and client engagements.

You agree not to:

• Use the website unlawfully
• Attempt unauthorized access to systems or information
• Copy, distribute, or misuse website content without permission
• Interfere with website functionality, operations, or security

All website content, branding, methodologies, materials, and original work product created by Kearney & Partners remain the property of Kearney & Partners unless otherwise agreed in writing.

Clients may use deliverables solely for internal organizational purposes.

Invoices, retainers, recurring payments, or subscriptions may be processed electronically through third-party payment providers such as Stripe.

Payment terms, fees, billing schedules, and engagement structures will be outlined in engagement agreements or invoices.

Failure to pay may result in suspension or termination of services.

Kearney & Partners will handle client information with professional discretion consistent with applicable engagement terms and professional obligations.

However, electronic communications and online systems inherently involve some degree of security risk, and absolute confidentiality cannot be guaranteed absent specific written agreements.

Kearney & Partners may utilize third-party software platforms, cloud systems, workflow automation tools, communication systems, AI-assisted technologies, scheduling tools, or payment processors to support operational efficiency and service delivery.

We are not responsible for:

• Third-party outages
• Platform interruptions
• Technology failures outside our control
• Errors originating from third-party providers

Clients remain responsible for reviewing deliverables and maintaining appropriate organizational oversight.

The website, website content, and related online materials are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, Kearney & Partners disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement.

We do not guarantee that the website will be uninterrupted, error-free, secure, or free from harmful components.

To the fullest extent permitted by law, Kearney & Partners shall not be liable for any indirect, incidental, consequential, special, punitive, or business interruption damages arising from:

• Use of the website
• Reliance on website content, recommendations, or deliverables
• Organizational implementation decisions
• Regulatory or audit outcomes
• Third-party systems or providers
• Service interruptions or delays

Total liability related to any claim shall not exceed the fees paid to Kearney & Partners for the specific services giving rise to the claim.

You agree to indemnify, defend, and hold harmless Kearney & Partners, its owners, employees, contractors, service providers, and representatives from and against claims, losses, liabilities, damages, costs, or expenses arising from:

• Your misuse of the website
• Your violation of these Terms
• Information, data, or materials you provide to Kearney & Partners
• Your violation of applicable laws or regulations
• Your infringement or alleged infringement of any third-party rights

This section does not limit any additional indemnification obligations that may be included in a separate written engagement agreement.

Kearney & Partners shall not be responsible for delays, failures, interruptions, or inability to perform caused by events beyond our reasonable control, including:

• Natural disasters
• Severe weather events
• Acts of government
• War, civil unrest, or public emergencies
• Labor disruptions
• Utility failures
• Internet, cloud, software, or third-party platform outages
• Cybersecurity incidents outside our reasonable control
• Other events beyond our reasonable control

You may not assign or transfer your rights or obligations under these Terms without prior written consent from Kearney & Partners.

Kearney & Partners may assign or transfer rights or obligations in connection with business restructuring, merger, acquisition, sale of assets, or operational transition.

Kearney & Partners reserves the right to suspend or terminate services or website access for violations of these Terms, nonpayment, unlawful conduct, or other inappropriate activity.

These Terms shall be governed by and interpreted under the laws of the State of Georgia, without regard to conflict of law principles.

Any legal action, claim, or proceeding arising out of or related to these Terms, the website, or services shall be brought exclusively in the state or federal courts located in Georgia, unless otherwise required by applicable law.

Sections relating to intellectual property, confidentiality, payment obligations, disclaimers, indemnification, limitation of liability, governing law, venue, and any other provisions that by their nature should survive termination shall survive termination of these Terms or any engagement.

We may update these Terms periodically. Updated versions will be posted with a revised effective date.