Terms and Conditions

Welcome to VFERJ PROFIT. These Terms and Conditions ("Terms") govern your use of our website, Client Portal, and all financial audit and marketing services provided by VFERJ PROFIT ("we," "us," or "our"). By engaging our services, you ("Client," "you," or "your") agree to be bound by these Terms.

1. Services Provided

VFERJ PROFIT provides B2B financial audit reporting, WIP & Compliance software, and marketing services tailored to construction companies. The specific scope, deliverables, and timelines of each engagement will be defined in a separate Statement of Work (SOW), Proposal, or Service Agreement. In case of conflict, the specific agreement shall prevail over these general Terms.

2. Client Obligations & Responsibility for Information Accuracy

To ensure the successful delivery of our services, the Client agrees to:

• Provide Complete and Accurate Data: The Client is solely responsible for providing accurate, complete, and timely financial, operational, and marketing data. This includes all documents, receipts, payroll records, and project information requested by VFERJ PROFIT.
• Timely Submission: The Client must submit all requested documents within the deadlines specified in our communications or the WIP (Work in Progress) report. Any delays in deliverables caused by the Client's failure to provide information on time are the sole responsibility of the Client.
• Accuracy Guarantee: VFERJ PROFIT is not liable for errors, omissions, or inaccuracies in our reports that result from incorrect, incomplete, or misleading information provided by the Client.
• Portal Access: The Client must maintain the confidentiality of their login credentials and ensure timely access to our Client Portal to review reports and requests.

3. WIP Report & Client Action Required

• Urgent Recommendations: Our WIP (Work in Progress) reports may include urgent action items, recommendations, or warnings regarding the Client's financial or operational status. It is the Client's sole responsibility to review these reports and take appropriate action.
• No Liability for Inaction: VFERJ PROFIT is not responsible for any negative financial outcomes, cash flow issues, project delays, or business losses resulting from the Client's failure to act on the recommendations provided in our reports.
• Advisory Nature: Our reports are advisory in nature. The Client is responsible for making their own business decisions based on the information provided.
• Financial Disclaimer: All reports, dashboards, margin estimates, and diagnostic tools (including Blindaje de Margen™, WIP & Compliance™, and Bonding Readiness Report™) are provided for informational and estimation purposes only and do not constitute financial, tax, legal, or investment advice. Consult a licensed CPA or financial advisor before making decisions based on this information.

4. Fees, Invoicing, Payment & Non-Refund Policy

Fees: Service fees are outlined in the specific SOW or Proposal. All prices are in USD unless otherwise stated.

Invoicing: Invoices are issued upon project initiation or according to the agreed-upon milestone schedule.

Payment Terms: Payments are due within fifteen (15) days of the invoice date. Late payments may incur a 1.5% monthly interest charge or the maximum allowed by law. Accepted payment methods are PayPal and Wise.

Taxes: The Client is responsible for any applicable sales, use, or withholding taxes, excluding taxes based on our net income.

NO REFUNDS POLICY: All fees paid to VFERJ PROFIT are non-refundable. Services are considered rendered upon delivery of reports, access to the Client Portal, or completion of agreed-upon milestones. Under no circumstances will fees be refunded, including but not limited to:

• The Client's dissatisfaction with results or outcomes
• The Client's failure to follow recommendations
• The Client's business losses or financial difficulties
• The Client's decision to discontinue services before project completion
• Errors in reports caused by inaccurate information provided by the Client

5. Client's Financial Responsibility

• Cash Flow & Payment Issues: VFERJ PROFIT is not responsible for the Client's cash flow problems, inability to pay subcontractors or suppliers, or any financial difficulties arising from the Client's business operations.
• Payment Status: If the Client fails to pay invoices on time, VFERJ PROFIT may suspend services until payment is received. Any resulting delays, penalties, or business impacts are the sole responsibility of the Client.
• No Guarantee of Results: While our services aim to improve financial visibility and operational efficiency, we do not guarantee specific financial results, profit increases, or business outcomes. The Client's financial success depends on numerous factors beyond our control.

6. Intellectual Property

• Client Data: The Client retains all ownership rights to their original data, business records, and proprietary information.
• Deliverables: Upon full payment, the Client is granted a perpetual, non-exclusive license to use the final audit reports and marketing materials created specifically for them.
• Our Methodology: VFERJ PROFIT retains all rights to our underlying audit methodologies, templates, software tools, and pre-existing intellectual property.

7. Professional Credentials

Audit reports are prepared and signed by Viviana Ferj, a Certified Public Accountant licensed by the Colegio de Contadores de Chile, applying US GAAP methodology and Construction Financial Management Association (CFMA) reporting standards. Viviana Ferj is not a CPA licensed in any U.S. state. Services are not a substitute for a statutory audit, attestation, or any service that requires a U.S.-licensed CPA. Clients requiring SEC-compliant audited financial statements or other regulated attest services should engage a U.S.-licensed CPA firm.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• Total Liability Cap: VFERJ PROFIT's total liability for any claims arising out of or related to these Terms or our services shall not exceed the total amount paid by the Client to us in the six (6) months preceding the claim.
• No Consequential Damages: We shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to: lost profits or revenue; business interruption or loss of business opportunities; project delays or cost overruns; cash flow problems or inability to pay obligations; loss of data or business records; or any damages resulting from the Client's failure to act on our recommendations.

9. Confidentiality

Both parties agree to treat all non-public information received from the other party as strictly confidential. We will not disclose the Client's financial or operational data to any third party, except as required by law or as necessary to engage our bound subprocessors (as detailed in our Privacy Policy).

10. Term and Termination

• Term: These Terms remain in effect for the duration of the active service engagement.
• Termination for Convenience: Either party may terminate the agreement with thirty (30) days written notice. The Client remains responsible for payment of all services rendered and expenses incurred up to the termination date. No refunds will be issued for partial services.
• Termination for Cause: Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure the breach within fifteen (15) days.

11. Independent Contractor

VFERJ PROFIT is an independent contractor. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.

12. Governing Law and Dispute Resolution

VFERJ PROFIT operates from Santiago, Chile. These Terms shall be governed by and construed in accordance with the laws of Chile, without regard to its conflict of law principles. Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be settled by binding arbitration in Santiago, Chile, in English or Spanish at the parties' mutual agreement. This clause will be revisited once VFERJ PROFIT establishes a U.S. legal entity.

Class Action Waiver: To the extent permitted by applicable law, any arbitration or proceeding shall be conducted solely on an individual basis, and neither party shall bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding.

13. Modifications

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services after such posting constitutes acceptance of the revised Terms.

14. Contact Information

For questions regarding these Terms, please contact us at:

• Email: contact@vferjprofit.com
• Company: VFERJ PROFIT (VFERJ PROFIT International)

© 2026 VFERJ PROFIT · Viviana Ferj · All rights reserved.