Terms & Conditions | The Fractionals

Membership Terms and Conditions

The Fractional Executive Group Ltd, trading as 'The Fractionals®' and associated brands, operates a web-based platform and application for Non-Executive Directors (NEDs), Fractional Executives and interim executives (CxOs).

In these Terms, "We," "Us," and "Our" refer to The Fractional Executive Group Ltd, a company incorporated and registered in England and Wales with company number 15874022. You can contact Us at ask@thefractionals.ai.

1. Membership Contract

1.1 When you submit your online application, make payment electronically, verbally, or by post/email, you are making an offer to join The Fractionals®. Acceptance by Us forms a legally binding contract when your membership is activated, and you are granted access to the members' portal.

1.2 This is a B2B transaction, and you are not acting as a retail consumer. Membership enables professional organisations to search for and engage fractional executives.

1.3 The following documents govern your membership:

These Terms
Our Privacy Policy
Our Acceptable Use Policy

1.4 If any conflicts arise between these documents, the order of precedence is as follows:

Membership Terms
Privacy Policy
Acceptable Use Policy

1.5 Membership is non-transferable and non-transmissible.

2. Application for Membership

2.1 Membership acceptance is at Our sole discretion.

2.2 Membership levels and benefits are subject to updates. We strive to enhance services over time and may adjust features and attendance rights accordingly, with advance communication for significant changes.

2.3 We reserve the right to decline membership applications without obligation to disclose reasons, and there is no right to appeal.

2.4 You warrant that the information provided in your application is accurate. False information may result in application denial or membership termination without refund.

3. Membership Subscription

3.1 Basic candidate registration is free.

3.2 Membership is annual, renewing automatically unless cancelled in writing with 30 days' notice before the renewal date.

3.3 Fees for any additional services or third party introductions (if applicable) must be paid by credit or debit card unless otherwise agreed.

3.4 Failure to pay outstanding invoices may result in membership suspension.

4. Account Responsibilities

4.1 Members must create unique login credentials to access the portal and maintain confidentiality.

4.2 We reserve the right to disable accounts if these Terms are violated.

4.3 Notify Us immediately at hello@thefractionals.ai if your login details are compromised.

4.4 Public profiles must adhere to Our Acceptable Use Policy and not include personal or sensitive information.

4.5 Members are solely responsible for keeping their profile content up to date and agree to indemnify Us against claims arising from such content.

5. Membership Benefits and Obligations

5.1 Members must provide and update contact details for the confidential directory.

5.2 Members have access to insights, newsletters, and evolving platform features.

5.3 Members agree to uphold Our trading principles and refrain from infringing intellectual property rights, breaching confidentiality, or making derogatory remarks about The Fractionals®.

6. Intellectual Property

6.1 The Fractionals® name and logo are Our intellectual property. Members may reference their affiliation with written permission.

6.2 Materials provided during membership are licensed for use during the membership term and must not be retained post-membership.

7. Cancellation and Termination

7.1 You may cancel membership within 14 days of activation by notifying Us in writing. Refunds are not available if services (e.g., coaching, third party introductions and or concierge services) have commenced.

7.2 Membership renews annually unless cancelled with 30 days' notice.

7.3 Membership may be terminated if:

Invoices remain unpaid 90 days after due.
Membership eligibility changes.
Confidential directory information is misused.
Intellectual property rights are infringed.
Actions bring The Fractionals.ai into disrepute.

8. Data Protection

8.1 Personal data will be processed in accordance with Our Privacy Policy.

8.2 We use personal data to administer membership, communicate updates, and provide benefits.

8.3 We will not disclose data to third parties except as required by law.

9. Liability

We do not exclude or limit our liability for:

9.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors;
9.1.2 fraud or fraudulent misrepresentation; and
9.1.3 any other liability that cannot be excluded by law.

9.2 To the extent permitted by law and except as set out in these Terms, we exclude all express or implied terms, conditions, warranties, representations, or endorsements whatsoever with regard to your membership and any benefits that we or our partners may provide.

9.3 We do not accept any liability for damage to or loss of your personal belongings while you attend any of our premises or any event organised by us. We do not accept any responsibility for any loss (including theft) of any property that occurs at any venue, except for any damage caused by our negligence, in which case our liability for such losses shall be limited to the annual membership subscription fee you paid.

9.4 We will have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

9.4.1 indirect or consequential loss or damage;
9.4.2 loss of data;
9.4.3 loss of profit;
9.4.4 loss of revenue or business (whether direct or indirect), however caused, even if foreseeable.
9.4.5 Total liability is limited to the annual membership or services fees paid, if applicable.

10. Financial Advice

10.1 The Fractionals.ai is not regulated by financial authorities and does not provide financial or tax advice.

10.2 Opinions shared within the community are personal to members and do not reflect Our views.

11. Entire Agreement

11.1 This agreement supersedes prior agreements and constitutes the entire understanding between parties.

12. General Terms

12.1 These Terms are governed by the laws of England and Wales.

12.2 Amendments will be communicated by email and take effect immediately.

12.3 We are not responsible for verifying members' qualifications, experience, or right to work.

PLEASE NOTE:

The Fractionals® is not a recruitment agency, however, where we manage a recruitment process, candidates will not be asked to pay a processing fee.

Agencies must operate in accordance with the Employment Agencies Act 1973 (the Act) and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended) (the Conduct Regulations).

We provide a platform for peer-to-peer collaboration, skills matching, and access to industry content. Members are not obligated to engage in work or communication through the platform.

Acceptable Use Policy (AUP)

1. Introduction

This Acceptable Use Policy (AUP) outlines the terms governing your use of thefractionals.ai ("the Platform"). By accessing or using the Platform, you agree to comply with this AUP and ensure that your activities align with its intended purpose of connecting businesses with qualified fractional executives. Violations of this policy may result in account suspension or termination.

2. Permissible Use

Users may use the Platform to:

Create accurate profiles showcasing their qualifications, experience, and availability as fractional executives.
Search for and connect with businesses seeking fractional executives for lawful, professional purposes.
Post legitimate project opportunities or fractional executive roles.
Engage in lawful, respectful communication and collaboration with other users.

3. Prohibited Use

Users must not:

Misrepresent Information: Post false, misleading, or fraudulent information in profiles, job postings, or communications.
Engage in Unauthorised Activity: Use the Platform to advertise or promote unrelated services, products, or opportunities. Scrape data or use automated tools to collect user information without explicit consent.
Violate Privacy or Intellectual Property: Share or misuse confidential information or intellectual property obtained through the Platform. Use contact details or personal data from the Platform for unsolicited marketing, spamming, or other unauthorised purposes.
Post Offensive or Discriminatory Content: Submit content that is defamatory, offensive, discriminatory, or otherwise harmful.
Undermine Platform Integrity: Upload malware, viruses, or engage in any activity that disrupts the Platform's operation or security.

4. User Responsibilities

Users are responsible for:

Providing accurate and up-to-date information in profiles, postings, and communications.
Maintaining the confidentiality of their login credentials.
Complying with all applicable laws, including those governing data privacy, intellectual property, and anti-discrimination.
Conducting themselves in a professional and respectful manner in all interactions on the Platform and to other members.

5. Data Usage and Privacy

Users must comply with the Platform's Privacy Policy, which governs the collection, storage, and use of personal data. Businesses and executives are prohibited from sharing or selling personal information obtained through the Platform without explicit consent.

6. Reporting Violations

Users are encouraged to report any suspected violations of this AUP by contacting ask@thefractionals.ai. The Platform reserves the right to investigate reports and take appropriate action, including account suspension or termination.

7. Enforcement and Termination

The Platform may suspend or terminate accounts that violate this AUP without prior notice. In cases of severe violations, the Platform may involve legal authorities or pursue further legal action.

8. Amendments

The Platform reserves the right to update this AUP at any time. Users will be notified of significant changes, and continued use of the Platform constitutes acceptance of the updated policy.

Referral Agreement Programme Overview and Terms & Conditions

1. Purpose

The Fractionals® Partner & Advocate Programme rewards trusted partners, clients, and collaborators who introduce new business that results in a paid engagement with The Fractionals®.

It exists to strengthen our community of Fractional leaders and recognise those who help us connect with scaling businesses that need executive firepower.

2. Eligibility

The programme is open to:

Existing clients of The Fractionals® (in good standing)
Approved Fractional executives and associates
Trusted partners

3. Qualified Referral

A Qualified Referral occurs when all of the following apply:

The referrer introduces a company that is not already a client or in active discussion with The Fractionals®.
The referral is made via our official Partner & Advocate Programme form or unique referral link.
The referred company engages The Fractionals® for a paid service within 12 months of the referral.
The company's first invoice is paid in full and/or the assignment is completed (within six months).
Rewards are cumulative within each client relationship (up to the maximum cap of £5,000).
Multiple referrals per person are permitted.

4. Reward Structure

Referrers earn up to 25% of the margin/fees invoiced and paid by the referred client, subject to the following terms per company referred:

Rewards are cumulative within each client relationship (up to the maximum cap of £5,000).
Multiple referrals per person are permitted.

5. Payment Timing & Method

Payments are processed via BACS transfer within 30 days of the qualifying invoice being paid and cleared for permanent engagements or assignment completion for contract engagements (up to six months).

All amounts are gross of any tax, the referrer is responsible for declaring and paying tax on the income.

6. Attribution & Exclusivity

Only referrals submitted via the official channel qualify.
If two referrers submit the same lead, the first valid submission takes precedence.
Referrers may not claim commission on companies where they serve as a director, investor, or major shareholder unless pre-approved.

7. Programme Administration

Enquiries and submissions: ask@thefractionals.ai
Governance & Jurisdiction: England & Wales law.
The Fractionals reserves the right to amend or terminate the programme with 30 days' notice to active referrers. All qualified rewards will be honoured.

8. Limitation of Liability

Participation in the programme does not create an employment or agency relationship.
The Fractionals® shall not be liable for indirect or consequential losses arising from participation.

Referral Agreement Template

The Fractionals® Partner & Advocate Programme Referral Agreement

This Agreement is made between: The Fractionals Ltd (UK) ("The Fractionals®") and the undersigned ("Referrer").

1. Purpose

To set out the terms under which the Referrer introduces prospective clients to The Fractionals®.

2. Reward Structure

As per the Programme Terms & Conditions, the Referrer will earn up to 5% of revenues invoiced and paid from qualified referrals, subject to tiered caps.

3. Payment

Payment via BACS within 60 days of qualifying invoice payment or assignment completion (up to six months).

4. Term & Termination

This agreement commences on the signature date and continues until terminated by either party in writing with 30 days' notice.

5. Independent Status

The Referrer acts as an independent introducer, not as an employee or agent of The Fractionals®.

6. Law & Jurisdiction

Governed by the laws of England and Wales.