FrazierTrust
The conditions that govern your use of the FrazierTrust website and the trust records platforms operated by FPA Springville LLC, set out plainly and read before any engagement.
Welcome to FrazierTrust, the records and trust administration practice of FPA Springville LLC. By entering this website, opening the correspondence desk, or using any of the platforms the practice operates, you agree to be bound by these Terms of Service and by the Privacy Policy that sits beside them. Please read both documents before you rely on the service, because they describe the whole of the relationship between you and the practice.
If you do not accept these terms, please do not use the website or the platforms. Using the public pages alone means no more than that you agree to the rules of the road that keep the site workable, and those rules are modest. Using a platform account is a larger step and binds you, or the organisation you represent, to the fuller set of responsibilities set out below.
We may update these terms from time to time, and the date at the top of the page marks the version now in force where the practice updates them. Material changes are notified as described toward the end of this document.
The words below keep the rest of this document short and precise. Where a defined word appears in capitals in a later section, it carries the meaning set here.
These definitions apply throughout the terms wherever the words appear.
FrazierTrust designs and operates the working systems of trust administration: ledgers that reconcile to the penny, beneficiary portals that speak clearly, document pathways that keep pages from drifting, distribution schedulers that hold the dates, calendars that protect the filings, and grant records that keep the giving honest. These tools are offered to estate managers and fiduciary offices so that the daily record of a trust stays calm and legible.
The practice performs the record keeping that carries those systems. It is not itself a trustee, an investment adviser, a tax preparer or a provider of legal opinions, and nothing on the Website or in a Platform should be read as advice of that kind. Fiduciary and professional decisions remain where the law and the governing document have placed them, in the hands of the Estate Manager and its own advisers.
We will tell you honestly what the practice can and cannot do. If a matter calls for a lawyer, an accountant or a bank, we will say so plainly rather than quietly absorb a role that belongs to another profession.
The website exists to tell people what the practice does and to open a path to the correspondence desk. You may read it, print a page for your own notes, and send us inquiries through the contact form. You must not copy the whole site, alter its pages, or put it behind a name that suggests a different owner.
When you submit the contact form on the Website, your message opens in your own email program and reaches our desk. You agree that the details you provide are accurate and that your message is genuinely yours to send. Submitting a request does not, by itself, create an engagement or bind the practice to undertake work; an engagement begins only when the practice confirms a scope in writing.
We ask you to use the Website lawfully. Do not attempt to break into systems, send malicious content through the form, or overload the service. A modest site should be accessible to everyone, and a handful of careless acts should not be allowed to close the door for the many estate managers who rely on it.
Access to a Platform rests on an account that only the Estate Manager may grant. When an account is opened for you, you receive the credentials to enter only the parts of the environment your role allows, and those credentials are yours alone. You agree to keep them private, to choose a strong passphrase, and to tell the practice without delay if you suspect they have been seen by anyone who should not have them.
The Practice may refuse, suspend or close an account if it reasonably believes the account is being used in a way that threatens a File, another User or the integrity of the Platform. We will give the Estate Manager notice and a fair chance to resolve the concern unless an urgent risk leaves us no time to do so.
Accounts are for the person to whom they are issued. Sharing a login, or logging in from a device that others can watch, undermines the care a fiduciary file deserves, so please treat the doorway to a File as carefully as you would treat the doorway to the office.
The Platforms help the people who hold fiduciary duties to carry the record well, but they do not assume those duties. The Estate Manager remains responsible for the decisions a governing document reserves to a trustee or an officer, for the valuations and judgments that underlie distributions, and for every professional obligation the law attaches to the office.
Where a Platform produces a draft accounting, a notice or a schedule, the draft is a tool and not a final legal act. The Estate Manager should satisfy itself, with such advice as it chooses, that a document matches the governing terms, the legislation and the outcome of any contested matter before it is recorded as final.
We keep the mechanism faithful to the material you give us. Garbage in a File yields doubt in a ledger, so we record the source of figures and we flag data that appears inconsistent, giving the Estate Manager the chance to correct a figure before it travels. No system makes up for an unread document; ours exists to make a well-read document easy to keep.
The Estate Manager stands between the Practice and the families a File serves. Its role is to enrol the right people, to give the Practice accurate instructions, and to keep the records it controls complete. The Practice relies on that office to obtain whatever authority the law requires before personal information enters a Platform, and to pass the practice Privacy Policy to anyone whose information is involved.
The Estate Manager agrees to instruct the Practice only about matters within its authority, and to tell us about any change of trustee, administrator or beneficiary quickly enough for the record to stay current. When a successor takes over a File, the Estate Manager will work with us so that the handover is orderly and the new office is told how to reach the records.
Nothing in this section lessens the responsibilities that attach to an office under law or by the governing document. It simply records the working agreement on which the Practice accepts a File, so that both sides begin with the same picture of who carries which duty.
Fees for the Platforms and for the record services the practice renders are agreed in writing before regular work begins, commonly through a schedule that sets an hourly rate or a fixed engagement fee for a named File. The first reading of a File and the intake review that accompanies it carry no charge, as described on the contact pages.
Invoices are issued when the agreed work is complete or at the billing rhythm named in the engagement letter, and they are payable on the terms stated there. Late payment may suspend further work on a File, after reasonable notice, while the amounts owing remain undisputed.
We invoice only for the work the practice actually performs and we keep the time and expenses recorded so that a busy Estate Manager can look at any bill and see the effort behind it. If a charge is ever unclear, we would far rather explain it than let it become a doubt about the whole practice.
The Content of the Website and the Platforms, including its design, its written material and its working code, belongs to the Practice or to the parties that have licensed it to us for this purpose. You receive a limited, non-exclusive right to use the platforms for the administration of the Files you entrust to us. You receive no ownership of the Practice design and no right to reproduce or resell the platform for your own account.
Record material that you lawfully place into a Platform, or that an Estate Manager lawfully provides, remains the property of its owner, and the Practice neither claims it nor shows it to anyone who is not part of the File. The platform exists to carry your records, not to take them over.
If you believe Content on the Website misuses a trademark or a work you own, please tell us and we will look into the matter promptly. We do not intend to borrow the name or the work of another practice, and we will correct an oversight as soon as we are shown it.
Everything in a File is confidential to the Estate Manager and the parties the File admits. The Practice keeps the contents of a File, and the fact that a File exists, within the circle of people needed to operate the service. We train our staff on that duty before they see their first File, and we bind every outside adviser to the same standard.
Confidentiality has the limits the law draws. We may disclose material where a court or regulator compels us to, where a File gives rise to a duty we must fulfil, or where a genuine emergency puts a person at risk and the disclosure is the narrowest course that protects them. Wherever we can, we will tell the Estate Manager before we make such a disclosure.
Confidentiality also survives the end of an engagement. A promise asked of the practice on day one is not withdrawn at the close of a File, and the trust we earn on the first matter is the trust we owe on the last.
Use of the Platforms is a privilege bound by a simple code: act as a careful colleague would. You must not use a Platform to break the law, to harm or harass another person, to mishandle the property of a File, or to put the record at risk.
Breaches of this code are dealt with seriously. Depending on the severity, we may suspend an account, close a File, or report conduct to the proper authority, and we will keep the Estate Manager informed so that the File is protected throughout.
The Practice keeps the records of a Platform on systems designed for resilience and safety. Data is written to more than one location, and the environments are backed up on a disciplined rhythm so that an honest mistake or a mechanical fault does not become a permanent loss.
Backups and the data they contain are governed by the same confidentiality as live records, and access to them is limited to the people who must manage the service. We do not use your records for our own analysis, and we do not read the contents of a File except to operate the Platform or to respond to a direct request from the Estate Manager.
We recommend that the Estate Manager keep its own authorised copy of the governing documents and the current accounting, because the office that holds the duty should never depend entirely on one storage room. The practice will help you export your records on request and will hand a File over cleanly when the relationship ends.
The Platforms are provided on an as available basis, and the Practice does not warrant that they will never fail, be free of every error, or run without interruption on every device. We maintain the service carefully, but no honest record keeper promises a machine that never stumbles.
The Practice gives no warranty that the Platforms, or the drafts they produce, amount to legal, tax, accounting or investment advice, and it expressly disclaims any guarantee of a particular outcome in a court, an audit or a tax examination. The record can be faithful and the decision can still be wrong; the decision belongs to the office that makes it.
To the fullest extent the law allows, the Practice excludes all implied warranties that are not set out in writing in an engagement letter. This section does not remove rights that the law grants you and that cannot be waived; it draws the honest boundary of what a records practice can promise.
The Practice will not be liable to you for indirect, incidental or consequential loss, including loss of profit, loss of data or loss of opportunity, however it arises, unless the loss results from the practice gross negligence or wilful misconduct. Where the laws applicable to a File allow this limitation, it applies to the fullest extent the law permits.
For claims that are not excluded above, the total liability of the Practice for any matter connected with the Website or the Platforms will not exceed the fees the Estate Manager paid to the Practice for the File or service at issue in the twelve months before the claim arose, or a sum equal to one engagement fee where no fees were paid.
Nothing in this section excludes or limits liability that cannot be excluded or limited under the law governing the matter, and it is not intended to do so. We hold professional cover appropriate to a records practice and we expect to answer for genuine fault; these limits simply prevent a reasonable mistake from carrying an unreasonable price.
To the extent the law allows, the Estate Manager will defend, indemnify and hold harmless the Practice from claims, losses and reasonable costs that arise out of the Estate Manager misusing a Platform, breaking an agreement it has made with a third party, or failing to hold the authority needed for the material it asks the practice to carry.
This responsibility is a fair one. When a File carries a dispute about who may direct it, the estate office holds the position and the correspondence that explains it, and it is better placed than the practice to answer a claim. The practice will keep an indemnified office informed and will give it a fair chance to direct the defence of a claim it must answer.
Where a claim arises from fault of the practice itself, the duty to indemnify does not apply, and nothing here asks an office to carry the mistakes of the practice. Each side answers for its own conduct, and together they keep the record honest.
The Practice may draw on third party services to run the Platforms, such as secure hosting, email handling and software libraries. These providers act on our instruction and under contract, and they receive only what they need to run the service. They are bound to protect data to a standard no lower than our own.
Where a Platform connects to an outside system that the Estate Manager chooses, such as a custodian or a court portal, the connection is governed by both this agreement and the terms of that outside system. We will tell you what we rely on and will not pass your data onward without a reason the Estate Manager has agreed to.
A failure in an outside service is not the fault of the practice, and we cannot warrant the availability or conduct of a provider the Estate Manager selects. We will help where we can and will steer the work around a broken connection whenever the record allows.
Either the Estate Manager or the Practice may end an engagement by giving the written notice named in the engagement letter, usually thirty days. Until the end of the notice period, each side carries on its duties so that the File is not stranded by the ending.
The Practice may suspend work immediately where a File is at risk, where the Estate Manager fails to pay undisputed fees, or where continued work would break the law. Each suspension is lifted as soon as the cause is cured, and the File is protected throughout.
On termination, the Practice will return the records of the File to the Estate Manager in an orderly export, will close the accounts that are no longer wanted, and will then retain or dispose of any copies only as the retention obligations in the Privacy Policy and the law require. Ending the relationship cleanly is as much a mark of the practice as beginning it well.
These Terms of Service are governed by the law of the State of Utah, United States, without regard to its conflict of law rules, and by the federal law of the United States where it applies. The estate matters and records the practice handles are touched by personal representative law and fiduciary statutes, which vary by the state that supervises the File.
Our registered address is in Saratoga Springs, Utah, at 526 W Meadow Crest Way, Saratoga Springs - 84045-5355, United States (US). The law of the place where each File is supervised will influence matters beyond this agreement, and both sides agree that the overarching governance of these terms rests with the Utah courts.
You agree that any court proceeding connected with these terms falls within the jurisdiction of the state and federal courts of Utah, subject to the arbitration clause that follows for claims it covers.
The Practice hopes that almost every difference can be settled by a conversation at the desk, and it asks that any dispute begin there. The Estate Manager and the Practice agree to try in good faith to resolve disagreements informally before they turn into proceedings.
Any dispute arising out of these terms that the parties cannot settle informally will be resolved by binding arbitration in Utah conducted by a single neutral under the commercial rules of the American Arbitration Association, with the costs shared unless the award directs otherwise. The arbitrator may award the relief a court could award, and the parties will not bring class claims through this process.
Nothing here blocks a party from seeking an urgent injunction to protect a File, or from taking a matter to the authority whose supervision governs the underlying estate. Arbitration is the backstop for a records dispute, not a wall around one.
The Practice reviews these Terms whenever the Website or the Platforms change in a way a careful reader would want to know about, and at least once each year. When a change is made to the body of the terms, the date at the top of this page moves forward and the new version governs from that day.
A material change is never slipped in silently. We will tell enrolled users of any change that affects their duties or their rights in a meaningful way, and we will place a note on the website front page when the text changes. For users with an active File, the version in force on the day the edition is published governs new work from then on.
If you do not accept a revised version of the Terms, you may end your use of the Platforms and close your File on the terms that applied when you began. The practice will honour that preference and will hand your records over cleanly as the termination clause describes.
These Terms and the Privacy Policy together form the whole agreement between you and the Practice about the Website and the Platforms, and they replace any earlier correspondence on the same subject. If a court finds that a clause is unenforceable, the remainder of the Terms continues to bind both sides.
The Practice may assign its rights and duties under an engagement to an affiliate or to a successor that continues the records work, and will tell the Estate Manager before it does. The Estate Manager may not assign its interest in a File without first telling the Practice, so that the record of who directs the work stays accurate.
Our delay in insisting on a right does not waive it, and a single indulgence is never a pattern. These Terms are written to be read by people, and where meaning is doubtful the words are given the meaning a reasonable estate officer would give them.
Questions about these Terms, about an engagement, or about any term of the service are welcome at the correspondence desk at any time. Write to us and an officer will answer within one business day.
FPA Springville LLC
526 W Meadow Crest Way, Saratoga Springs - 84045-5355, United States (US)
Email: helpdesk@fraziertrust.buzz
Telephone: +13272090952
Before any dispute or any signature, the fastest route is always a letter to the desk. If there is a better way to run your File, we would rather hear it early and build it well than learn of it late and apologise, because a records practice earns its keep by staying in step with the offices it serves.