OneDigital - retirement Plan Investment Management Agreement - 06.01.2026 - SIGNED
Open official source ↗ · Source page 11
10 2026-01-20- CONGA – E – 3(38) We are excited to embark on this new journey together. We see all our 5000+ clients as partners. This is not a one-time transaction, rather, a partnership, an investment into our future, and a mutually beneficial relationship. We regularly receive questions from plan sponsors and their legal/financial advisers regarding our retirement plan agreements. In the spirit of our corporate culture of full disclosure and transparency, we have compiled a short FAQ list to help quell some of the questions you may have. FREQUENTLY ASKED QUESTIONS Page 1, Section II, Subsection 3: Client understands that nothing in this Agreement shall be deemed to impose on OneDigital, its representatives, or its affiliates any obligation to provide the services in the same manner or at the same time as they may provide similar services to any of their other clients. Every plan is made up of unique participants with unique financial goals. As a result, different plans may need a customized approach and unique financial advice. For example, a plan with mostly young participants just starting their employment journey wil l likely need different financial advice than a plan with an older set of participants. The above section gives us the ability to provide tailored financial advice to each plan. Page 2, Section II, Subsection 7. Limits on Liability, Clause C: It is agreed that each party shall be responsible for defending itself from any claims for damages made against it. However, once a party has been found, in a final, non-appealable decision, to be liable for losses suffered by a third party, it shall indemnify the other party and hold the other party harmless from any liability for those losses. Due diligence and factfinding is of the utmost importance when looking at possible damages. ERISA-based claims can be complex and involve multiple parties. While we are your partners, we are not your insurers and cannot insulate you from liability or defend you from allegations against you. Conversely, we would not expect our partners to act as our insurers and insulate us from liability. Our position is, let’s first figure out what happened, who did what, and then we can determine who should cover the damages. We are not trying or asking to shift our liability to another, on the contrary. We stand behind our commitment to this partnership, and if something does happen, we are here to help fix it. In the event there are damages, except as prohibited by ERISA, our agreement does not limit the amount of liability that may be imposed on either party. Jurisdiction/Venue/Choice of Law: We purposefully chose to remain silent on this matter. Of course, we would love to have the chosen jurisdiction be in our back yard. At the same time, we know that our business partners would love for the jurisdiction to be in their chosen locations. There is no need to force our choice of jurisdiction on our partners and vice versa. These issues can be addressed, should there ever be a dispute. Privacy Notice, Cybersecurity, and Participant Information: It doesn’t matter how big or small your business is, or whether its annual revenue places it on the Fortune 500 list, data and information protection