Terms & Conditions

1. Definitions

In these Terms & Conditions:

• "Service" refers to the investment consulting services provided by Archway Counsel, including Threshold Consultation, Gateway Services, and Passage Programs.
• "User" or "Client" refers to any individual or entity that accesses or uses our services.
• "We", "Us", or "Our" refers to Archway Counsel.
• "Content" refers to all information, data, materials, and advice provided through our services.
• "Agreement" refers to these Terms & Conditions and any additional agreements entered into between the parties.

2. Acceptance of Terms

By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. This agreement is formed when you:

• Submit an inquiry through our contact form
• Engage in a consultation session
• Sign a service agreement
• Access our website or receive our services

You must be at least 18 years of age and have the legal capacity to enter into binding agreements. If you are representing an organization, you confirm that you have the authority to bind that organization to these terms.

3. Service Description

Archway Counsel provides professional investment consulting services in Taiwan, including but not limited to:

• Threshold Consultation: Entry-level guidance for individuals beginning their investment journey
• Gateway Services: Comprehensive planning for clients navigating complex financial transitions
• Passage Programs: Full transition support for sophisticated investment strategies

Service availability is subject to our operational capacity and may be limited by geographic location, regulatory requirements, or other factors. We reserve the right to refuse service or terminate existing engagements at our discretion.

4. User Responsibilities

As a user of our services, you agree to:

• Provide accurate, complete, and current information during all interactions
• Maintain the confidentiality of any account credentials or access codes
• Notify us immediately of any unauthorized access or security breaches
• Use our services only for lawful purposes and in accordance with these terms
• Not engage in any conduct that restricts or inhibits others from using our services
• Not attempt to gain unauthorized access to our systems or networks
• Comply with all applicable laws and regulations in Taiwan and your jurisdiction

You are prohibited from:

• Using our services for illegal activities or money laundering
• Misrepresenting your identity or affiliation
• Transmitting harmful code, viruses, or malware
• Copying, reproducing, or distributing our proprietary materials without authorization
• Using automated systems to access our services without permission

5. Intellectual Property

All content provided through our services, including but not limited to text, graphics, logos, reports, analyses, methodologies, and software, is the property of Archway Counsel or our licensors and is protected by Taiwan and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use our services and content solely for your personal or internal business purposes. This license does not include the right to:

• Reproduce or copy materials for commercial distribution
• Modify, create derivative works, or reverse engineer our services
• Remove or alter proprietary notices or attributions
• Use our trademarks, logos, or branding without written permission

Any feedback, suggestions, or ideas you provide to us may be used by Archway Counsel without compensation or attribution.

6. Payment Terms

Fees for our services are determined based on the scope of engagement and will be clearly outlined in your service agreement. Payment terms include:

• All fees are quoted in New Taiwan Dollars (TWD) unless otherwise specified
• Payment is due according to the schedule specified in your service agreement
• Accepted payment methods include bank transfer and other methods as communicated
• Late payments may incur interest charges at the rate of 1.5% per month or the maximum allowed by law
• We reserve the right to suspend services for accounts with outstanding balances

Refund Policy: Fees are generally non-refundable once services have commenced. However, we will consider refund requests on a case-by-case basis if services have not been rendered or if there has been a material breach by Archway Counsel. Any approved refunds will be processed within 30 business days.

7. Service-Specific Terms

Consultation Services:

• Consultations are scheduled by appointment and subject to our availability
• Clients must provide at least 24 hours notice for cancellations or rescheduling
• Failure to attend scheduled consultations may result in forfeiture of fees
• Consultation reports and recommendations are delivered within the timeframe specified in your service agreement

Ongoing Advisory Services:

• Scope of services and deliverables are defined in the service agreement
• Either party may terminate ongoing services with 30 days written notice
• Upon termination, final reports and recommendations will be provided within 15 business days

8. Disclaimers

Investment Risk Disclosure: Investment consulting services involve analysis and recommendations regarding financial markets and investment strategies. All investments carry inherent risks, and past performance does not guarantee future results. You acknowledge that:

• Our advice is based on information available at the time and subject to market conditions
• We do not guarantee specific investment outcomes or returns
• You are responsible for your final investment decisions
• You should consider seeking additional professional advice before making investment decisions

Service Availability: Our services are provided "as is" without warranties of any kind, either express or implied. While we strive to provide accurate and timely information, we do not warrant that:

• Our services will be uninterrupted or error-free
• Information provided will always be current or complete
• Any particular result or outcome will be achieved

Not Financial Advice: Unless explicitly stated in a written service agreement, our general communications, website content, and informal discussions should not be construed as personalized financial advice. Always consult qualified professionals before making financial decisions.

9. Limitation of Liability

To the maximum extent permitted by Taiwan law, Archway Counsel shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Investment losses resulting from market conditions or your decisions
• Damages arising from third-party actions or market events beyond our control

Our total liability for any claims arising from our services shall not exceed the total fees paid by you for the specific service giving rise to the claim, calculated over the preceding twelve months.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, pandemics, strikes, or technical failures.

10. Indemnification

You agree to indemnify, defend, and hold harmless Archway Counsel, our directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms & Conditions
• Your violation of any law or regulation
• Your infringement of any third-party rights
• Your misuse of our services or content
• Your investment decisions made independently of our advice

11. Termination

Termination by Either Party: Either party may terminate the service relationship by providing written notice as specified in the service agreement, typically 30 days.

Immediate Termination: We reserve the right to immediately terminate or suspend your access to our services if:

• You breach any material term of this agreement
• You engage in fraudulent or illegal activities
• Your account has significant overdue payments
• Continued service would violate applicable laws or regulations

Effects of Termination:

• You remain liable for all fees incurred prior to termination
• We will provide final reports and recommendations for services rendered
• Confidentiality obligations continue after termination
• Your license to use our content and materials terminates

Survival: Sections related to intellectual property, indemnification, limitation of liability, and dispute resolution survive termination of this agreement.

12. Dispute Resolution

Governing Law: These Terms & Conditions are governed by and construed in accordance with the laws of Taiwan (Republic of China), without regard to conflict of law principles.

Jurisdiction: Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of Taipei, Taiwan.

Informal Resolution: Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiations. Either party may initiate this process by sending written notice to the other party describing the nature of the dispute.

Mediation: If informal negotiations do not resolve the dispute within 30 days, the parties agree to attempt mediation through a mutually agreed mediator in Taipei before pursuing litigation.

Legal Fees: In any legal proceeding, the prevailing party may be entitled to recover reasonable attorneys' fees and costs as determined by the court.

13. General Provisions

Entire Agreement: These Terms & Conditions, together with any executed service agreements and our Privacy Policy, constitute the entire agreement between you and Archway Counsel regarding the use of our services, superseding any prior agreements or understandings.

Severability: If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Archway Counsel.

Assignment: You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations without restriction.

Notice: All notices under these terms must be in writing and delivered via:

• Email to [email protected]
• Registered mail to our business address

Notices are deemed received when delivered via email or three business days after mailing.

14. Changes to Terms

We reserve the right to modify these Terms & Conditions at any time. Changes will be communicated through:

• Posting updated terms on our website with a revised "Last Updated" date
• Email notification to active clients
• Notice during your next scheduled consultation

Changes become effective 15 days after notification. Your continued use of our services after changes take effect constitutes acceptance of the modified terms. If you do not agree to the changes, you must discontinue use of our services and may terminate any ongoing agreements according to the termination provisions.

Material changes affecting pricing, liability limitations, or dispute resolution will require your explicit consent for existing service agreements.

15. Contact Information

If you have questions about these Terms & Conditions, please contact us: