Terms & Conditions

By accessing or using the Fellie Martin Consultancy website ("Site") or engaging our professional services, you ("Client," "User") agree to be bound by these Terms & Conditions. If you do not agree to these terms, please do not use our Site or services.

These terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and FMC Agency regarding your use of our services.

FMC Agency provides cross-border tax, accounting, bookkeeping, audit, and advisory services. The specific scope of services for each engagement is defined in a separate engagement letter or service agreement signed by both parties.

These Terms & Conditions apply to:

• Use of our website and online booking system
• All professional services provided under an engagement letter
• Communications via email, phone, video calls, or in-person meetings
• Access to client portals and document-sharing platforms

As a client, you agree to:

• Provide Accurate Information — Supply complete, truthful, and timely financial records, documents, and information necessary for us to perform our services
• Respond Promptly — Respond to our requests for information or clarification within a reasonable timeframe
• Review Work — Review and approve deliverables, tax returns, and filings before submission deadlines
• Timely Payment — Pay all invoices in accordance with the payment terms specified in your engagement letter
• Comply with Laws — Comply with all applicable laws, regulations, and filing requirements in your jurisdiction

Our fee structure is outlined in your engagement letter or service proposal. Unless otherwise specified:

• Fixed Fees — Most engagements are quoted at a fixed fee based on the agreed scope of work
• Invoicing — Invoices are issued upon completion of milestones or on a monthly basis for ongoing services
• Payment Terms — Payment is due within 14 days of the invoice date unless otherwise agreed
• Late Payments — Overdue balances may incur interest at 1.5% per month or the maximum rate permitted by law
• Scope Changes — Work outside the agreed scope will be quoted separately and requires written approval before commencement

FMC Agency provides services with the care, skill, and diligence expected of a competent accounting and tax professional. However:

• Our work is based on the information and documents you provide. We are not responsible for errors resulting from incomplete or inaccurate information
• Tax advice is jurisdiction-specific and based on current law. Changes in legislation after our advice may affect outcomes
• We do not guarantee specific tax outcomes, refund amounts, or audit results
• Our services do not constitute legal advice. For legal matters, we recommend consulting a qualified attorney

To the maximum extent permitted by law, FMC Agency's total liability for any claim arising from our services shall not exceed the total fees paid by the client for the specific engagement giving rise to the claim.

We shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, lost business opportunities, or penalties imposed by tax authorities due to client delays or failure to provide required information.

All content on this website — including text, graphics, logos, images, and software — is the property of FMC Agency and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our written consent.

Documents, reports, and deliverables created specifically for your engagement become your property upon full payment. However, our underlying methodologies, templates, and tools remain our intellectual property.

Either party may terminate an engagement by providing 30 days' written notice. Upon termination:

• You are responsible for payment of all work completed up to the termination date
• We will provide reasonable assistance in transitioning your records to a new provider
• We retain the right to keep copies of your records as required by law or professional standards
• FMC Agency may terminate immediately if you fail to pay invoices, provide false information, or engage in abusive conduct toward our team

When using our website, you agree not to:

• Use the site for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to our systems, servers, or client data
• Upload or transmit viruses, malware, or other harmful code
• Scrape, data-mine, or use automated tools to extract content without permission
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity

We reserve the right to restrict or terminate access for users who violate these terms.

These Terms & Conditions are governed by the laws of Kenya, without regard to conflict of law principles. Any disputes arising from these terms or our services shall first be addressed through good-faith negotiation between the parties.

If a dispute cannot be resolved through negotiation, it shall be submitted to mediation or arbitration in Nairobi, Kenya, in accordance with the rules of the Chartered Institute of Arbitrators (Kenya Branch). The language of arbitration shall be English.

We reserve the right to modify these Terms & Conditions at any time. Changes will be effective immediately upon posting the revised terms on our website. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

We encourage you to review these terms periodically for any updates.

For questions about these Terms & Conditions, please contact us: