Terms of Service
Effective Date: January 1, 2026
Operated by: FSVPServices.com, a service platform of Consultare Inc. Group, A Compliance Company (“Company”)
Please read these Terms of Service and Conditions (“Terms”) carefully before using the services provided by FSVPServices.com. By accessing or using our website, services, or engaging with us as a client (“Client”), you agree to be bound by these Terms.
1. Scope of Services
FSVPServices.com provides compliance and regulatory support services, including but not limited to:
• Foreign Supplier Verification Program (FSVP) Agent and Qualified Individual (FSVPQI) services
• U.S. FDA U.S. Agent representation
• Importer of Record (IOR) representation and administrative facilitation
• FDA registration assistance
• Compliance documentation management
• Regulatory training and consulting
• Preventive Controls Qualified Individual (PCQI) support
• Regulatory review of product labeling and documentation
• Facilitation of submissions to FDA, USDA, or other U.S. regulatory agencies
All services are rendered under the management and direction of Consultare Inc. Group, A Compliance Company.
2. Eligibility
By engaging the Company's services, the Client affirms that they:
• Are at least eighteen (18) years of age or of legal age to enter into a binding agreement; and
• Are authorized to act on behalf of the business entity they represent.
3. Client Responsibilities
The Client agrees to:
• Provide accurate, timely, and complete business, supplier, and product information.
• Cooperate in providing required documentation, records, and declarations necessary for compliance with regulatory authorities (e.g., FDA, USDA, CBP, FTC).
• Inform FSVPServices.com of any regulatory updates, inspections, or enforcement actions related to their company or products.
• Maintain active and timely communication with FSVPServices.com to facilitate due diligence in the execution of services.
• Acknowledge that ultimate compliance responsibility lies with the Client and/or their suppliers unless otherwise stated.
4. Fees and Payment
4.1 Pricing for Services
• All payments are:
• Due in full prior to service activation unless otherwise agreed. Any government, authority, certifier, bank transfer, and other third-party fees are excluded from the price quote unless otherwise stated.
• Non-refundable under any circumstances.
• Subject to a late fee of twenty percent (20%) of the total outstanding balance to cover reprocessing and accounting expenses, in addition to potential suspension of services for non-payment.
• Evaluated at the Company's sole discretion for reinstatement of service once full payment, including late fees, has been received.
• Service-specific and non-transferable. Payments made for one service option, engagement type, or subscription plan may not be refunded, credited, converted, applied, or transferred toward another service, subscription, project, or engagement offered by the Company unless expressly agreed to by the Company in writing.
4.2 Subscription and Project Terms
• One-Time (Project-Based) engagements are invoiced as a single payment and prepaid.
• Long-Term (Subscription) services are billed monthly and prepaid.
• Service Validity, Subscription Renewal, and Review:
• Subscription-based services shall commence upon activation and continue on a recurring basis in accordance with the applicable billing cycle and any minimum commitment period stated herein or in the applicable Service Agreement.
• Unless terminated in accordance with this Agreement, subscription services shall automatically renew upon each billing cycle and remain active subject to payment of applicable fees.
• The Company reserves the right, at its sole discretion, to review subscription-based services at any time (e.g., biannually, annually, etc.) to evaluate service scope, regulatory requirements, operational changes, workload, pricing, or continued suitability of the engagement and may recommend or require reasonable adjustments to services, fees, or terms upon notice to the Client.
• Pricing adjustments following such review may take effect on or before the anniversary of the subscription or commencement of the next billing cycle upon notice to the Client.
• Where applicable, the Client may be requested to confirm continuation of the subscription on or before the anniversary of the subscription date; however, failure to provide such confirmation shall not, by itself, terminate or invalidate the subscription where services continue and payment remains active.
• The Company reserves the right, at its sole discretion, to review, continue, modify, or discontinue the engagement upon notice to the Client, including determination of whether renewal or continued service remains appropriate.
4.3 Non-Payment
In the event of non-payment, the Company may immediately suspend or terminate any service engagement.
4.4 Payment Failures
In the event a recurring charge for a service, including those subject to a stated minimum commitment period, is declined, rejected, reversed, disputed, canceled, or otherwise fails for any reason, the Company may suspend Services immediately until payment is received.
The Client acknowledges that the minimum commitment period constitutes a contractual obligation independent of the recurring billing mechanism. Accordingly, failure of an automatic payment, cancellation of a payment method, revocation of authorization, bank rejection, chargeback, or other billing failure shall not relieve the Client of its obligation to pay the remaining balance of the applicable minimum commitment period.
Upon the occurrence of such billing failure, the Company may, at its sole discretion, require immediate payment of all remaining fees due for the balance of the minimum commitment period in a single invoice. Such amount shall become immediately due and payable upon receipt of the invoice. The Company reserves the right to suspend Services, withhold deliverables, terminate access, pursue collection of unpaid amounts, and exercise any other rights available under this Agreement until all outstanding balances have been paid in full.
The Client agrees that the accelerated payment requirement is intended to avoid repeated billing failures, administrative costs, collection efforts, and service interruptions associated with maintaining recurring payment arrangements that have failed. Nothing herein shall limit, waive, or prejudice any other rights, remedies, obligations, fees, or provisions available to either Party under this Agreement, all of which shall remain in full force and effect and apply as appropriate.
5. Service-specific Terms
5.1 U.S. Agent and FSVP Agent Representation
• The Company's designation as U.S. Agent or FSVP Agent is representational and does not transfer responsibility for product quality, labeling, or manufacturing.
• The Client remains responsible for corrective actions, documentation, verification activities, and compliance.
5.2 Importer of Record (IOR)
• The Company acts as IOR solely for regulatory filing purposes and not as the legal importer or owner of goods.
• The Client remains responsible for all costs, duties, and liabilities.
• The Company shall not be liable for delays, detentions, recalls, or enforcement actions caused by incomplete or inaccurate documentation.
5.3 FSVP Qualified Individual (FSVPQI) Services
• The Company may provide oversight of supplier verification activities per FDA requirements.
• The Client must supply accurate supplier records for compliance execution.
5.4 Preventive Controls Qualified Individual (PCQI) Services
• Services may include training, plan development, or verification support.
• Implementation of developed procedures remains the Client's responsibility.
5.5 Regulatory Reviews
• Reviews are based on documentation submitted by the Client.
• Records must be provided within ten (10) business days of request unless otherwise stated.
• Reviews inactive for over ten (10) business days may be put on hold and are subject to reopening fees.
• Recommendations are advisory and do not guarantee regulatory acceptance.
5.6 Regulatory Submissions
• The Company facilitates submissions (e.g., FDA Prior Notice, USDA Permits, CBP filings) in an administrative capacity only.
• Accuracy depends on Client-provided data; regulatory outcomes cannot be guaranteed.
• Records must be provided within ten (10) business days of request unless otherwise stated.
• Pending information requests inactive for over ten (10) business days may be deemed closed and subject to reopening fees.
• For renewal services:
The Client may subscribe to the Company's annual Regulatory Renewal Service covering permits, licenses, or authorizations required for importation, distribution, or compliance with applicable U.S. regulatory agencies. The subscription shall have a minimum commitment period stated herein, equivalent to the validity term of the applicable permit or license, as prescribed by the issuing authority. The Company shall facilitate renewal of the relevant authorization only upon confirmation that all subscription payments for the minimum commitment period have been fully settled, or otherwise meet the standard fee for a full renewal cycle, whichever is greater. In the event of incomplete payment, the Company shall have no obligation to initiate or proceed with any renewal process until all outstanding subscription fees have been paid in full. The Company shall have no obligation to maintain, renew, or preserve any registration, permit, authorization, or appointment following withdrawal or suspension of Services.
• FSVP Agent/U.S. Agent Representation – minimum of twelve (12) months.
• FDA Registration – minimum of two (2) years.
• USDA Permitting – minimum of three (3) years.
• Other services – subject to evaluation per regulatory requirements or as agreed upon in the contract.
• For any regulatory filing, all government-imposed filing, permitting, submission, or renewal fees shall be borne solely by the Client and must be confirmed with the Company or remitted directly to the regulatory agency upon facilitation.
• If the Company determines that the facility, product, or commodity is inadmissible or ineligible for importation, clearance, or approval by the relevant authorities, the Company shall issue an assessment report documenting the inadmissibility. No submission or permit filing shall be performed in such cases, and fees for services performed remain non-refundable.
5.7 Software Subscription
• The server storage fee is incorporated into the software subscription.
• If availed without an End-to-End Service, CIG reserves the right to decline any document for uploading. However, if an End-to-End Service is active, CIG will continue uploading the files within the Client's designated service hours.
• User account credentials will be maintained as confidential. The Client is responsible for all activity that occurs under its authorized accounts and acknowledges that the Company shall not be responsible for damages resulting from unauthorized access attributable to the Client's internal misuse of credentials.
• Each Party shall be responsible for the actions of its respective Authorized Users. The Client shall ensure that only its designated personnel are provided with access under its subscription. The Company shall ensure that its personnel accessing the System on behalf of the Client do so solely for the purpose of fulfilling the Company's obligations under this Agreement.
• All modules, features, and functions specified in this Agreement are standard components of the subscribed package. Any additional feature(s) or modification beyond these inclusions are subject to review and may be billed separately.
• In the event of interruption in access to the system due to non-payment, access may be reinstated upon full settlement of outstanding dues.
5.8 On-site Services
• On-site support (e.g., internal audit, consultancy, on-site audit support) may entail additional costs for miscellaneous fees (e.g., on-site consultancy, lodging, travel, meals), which are coordinated in advance and billed separately.
5.9 Oversight/Compliance Support Subscriptions/Retainers
• In the event that the Client elects to cancel the subscription prior to the next billing period, the cancellation shall be subject to a cancellation fee equivalent to forty percent (40%) of the service rate applicable to the upcoming billing period. The Company reserves the right to withhold or deduct such amount from any remaining balance or to issue an invoice for the corresponding fee, payable upon receipt. The cancellation fee under this Section shall apply only to subscriptions that are not subject to a minimum commitment period. For subscriptions subject to a minimum commitment period, Section 4.4 shall govern.
• Monthly service hours under the applicable subscription are limited to the hours stated herein and are intended for utilization within the corresponding monthly billing cycle. Unless otherwise stated in the scope of the Agreement signed above, unused service hours shall expire at the end of the applicable billing month and shall not roll over, accumulate, convert to credit, or carry forward to any subsequent billing period.
6. Non-Responsiveness
For compliance projects:
• Clients must submit requested documentation or respond within 10 business days of request.
• Submissions within 30 days past the initial request may require a reopening fee of 40% of the project cost once the 10-day response window has elapsed.
• Lack of response after 30 days from the date of initial request constitutes project closure. Should the Client request to continue the project, this may be subject to a new engagement.
For deliverables:
• Clients must acknowledge acceptance or feedback within 20 calendar days of report issuance.
• No response within this timeframe constitutes project completion and closure.
For subscription-based services, services with commitment periods, and ongoing representations:
• If the Client fails to respond to communications, provide requested information, or pay outstanding amounts, the Company may issue written notice establishing a final deadline of ten (10) calendar days for the Client to cure such failure. If the Client fails to cure the matter within the specified period, the Company may suspend or terminate the Services and withdraw from any representation or engagement, including but not limited to FSVP Agent, U.S. Agent, Importer of Record facilitation, permit maintenance, and regulatory renewal services.
• Upon issuance of the Company's written notice of withdrawal following expiration of the cure period, the Client assumes sole responsibility for all regulatory obligations, filings, registrations, permits, appointments, and compliance activities thereafter, and the Company shall have no further obligation or liability for any regulatory, operational, financial, or other consequences arising from the Client's failure to maintain such obligations, or to notify the Client of any expiration, renewal deadline, or lapse following withdrawal or suspension of Services.
• The Company may take any actions reasonably necessary to effectuate its withdrawal, including resignation from appointments, cancellation of authorizations, and notification to applicable regulatory agencies or third parties, where permitted or required by law.
7. Termination of Services
• Either party may terminate the Agreement with thirty (30) days' written notice, except where immediate suspension or termination is otherwise permitted under this Agreement. Termination shall not entitle the Client to any refund, credit, or reimbursement.
• [For project-based services] Once a Client decides to terminate any service thereof, the Company may charge a termination fee equal to forty percent (40%) of the unpaid balance of the project fee, where applicable.
• Client documents within the system will be archived for 30 days after termination, after which they will be permanently deleted unless retrieval is requested.
• All payments, subscriptions, and service fees are non-refundable.
• Early Termination During Minimum Commitment Period. For any Service subject to a stated minimum commitment period, the payment obligations and remedies set forth in Section 4.4 shall apply notwithstanding any termination, cancellation, non-payment, or discontinuance of the Service by the Client.
8. Confidentiality
The Company maintains strict confidentiality of all proprietary and sensitive information, except:
• As required by law, regulatory inquiry, or audit.
• With Client consent.
• Within authorized Consultare Inc. Group personnel for service facilitation.
9. Intellectual Property
All templates, materials, and content remain the intellectual property of Consultare Inc. Group and may not be copied, shared, or resold without written authorization.
10. Limitation of Liability
The Company shall not be liable for:
• Client products, records, or data loss.
• Regulatory enforcement due to incomplete or false client submissions, or inadmissibility per relevant guidelines.
• Third-party actions (e.g., freight forwarders, customs brokers, carriers).
• Any indirect, incidental, or consequential damages, including loss of revenue or profit.
11. Indemnification
The Client agrees to indemnify and hold harmless Consultare Inc. Group and its affiliates against any claims, costs, damages, or liabilities arising from:
• Client product non-compliance;
• False or incomplete documentation;
• Third-party errors or omissions; or
• Client's regulatory infractions.
12. Disclaimer
• The Company is not a law firm and does not provide legal advice.
• Services are rendered on a best-effort basis under current regulations.
• The Company does not guarantee approvals, certifications, admissibility, or regulatory clearances.
• Engagement as FSVP Agent, U.S. Agent, IOR, PCQI, or FSVPQI does not transfer ownership or compliance responsibility.
13. Amendments
The Company reserves the right to amend these Terms at any time. Updates will be posted on FSVPServices.com and will automatically apply to all active and future contracts. Continued engagement or payment constitutes acceptance of revised Terms.
14. Governing Law
These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of laws principles.
15. Contact Information
Consultare Inc. Group – Compliance Division
- Email: info@consultareinc.com
- Website: www.FSVPServices.com
