Terms and Conditions
Last Updated: October 31, 2018
1. Description of Service
Organization is engaging Fortafy to provide technical consulting services for Salesforce (the “Services”), or other such services upon request.
Fortafy matches experienced Salesforce Administrators with organizations by leveraging currently employed or part-time skilled resources in order to provide the skilled resources a nonprofits needs but may not be able to acquire. This Service has been designed for the reasonable use of a small or mid-size organization to make the ongoing administration of Salesforce cost effective and efficient. Services are not meant to replace a full-time Salesforce Administrator or technology department within an organization.
The Services provided by Fortafy are limited to Salesforce and Salesforce NPSP and exclude other Salesforce products including Call Center, Community Platform, Marketing Cloud, Sales, Salesforce Chatter, Site.com, Einstein, and Sample Console; as well as non-Salesforce technologies like WordPress and Drupal.
The scope of the tasks provided are limited by the plan selected by the Organization at the time of registration and payment (the “Plan”). The Plan is limited to Salesforce specific tasks as outlined in the Section 2, Plan Descriptions.
Fortafy will assign a Virtual Salesforce Administrator (“ViSA”) to the Organization. Each ViSA works with up to 10 clients. All requests from their stable of clients are submitted into a single queue and addressed on a first in, first out (fifo) basis. While the intent is to assign a ViSA to an Organization, Fortafy reserves the right to re-assign the request to another ViSA for any reason. The output volume depends on many factors, namely on the total request volume and the complexity of each request. Fortafy provide you with as much capacity as we are able for the Basic or Advanced Administrative needs of your organization.
Fortafy will make available to the Organization an online Customer Help Desk for submitting new requests, questions, or feedback. Any request submitted to the Customer Help Desk is considered an approved request and will be implemented in accordance with our Services Level Agreement, as described in Section 2.0. The Customer Help Desk is the primary form of communication between the Provider and Organization and must be used by the Customer Portal for all communications. Any requests made via email, online messaging, phone calls or other forms of communication will be not be considered as having been submitted.
Organization can remove or cancel a request in the queue at any time. Any substantive change to an existing request in the queue will move the request to the bottom of the queue and be reevaluated by the ViSA.
If Organization requests Services work outside the parameters of the Plan, or for technologies other than Salesforce, and the work is within the technical expertise of the Provider, the ViSA will provide an estimate for the requested work at our current hourly rates. Organization must authorize payment prior to the work being performed.
Organization may choose to upgrade or downgrade their plan one time within the term of their Agreement. The change in Plan status will take effect the next month. Limitations of the new Plan will be enforced for any requests currently in the queue.
This Service has been designed to perform the day-to-day tasks required to maintain the health of your Salesforce system. If Organization requires work that is deemed to be larger in scope than what is afforded under the Plan (i.e. a project), the VSA will send a notification and work with the Organization to find a recommended, certified Salesforce Consultant with whom to work, if requested.
Fortafy is solely responsible for obtaining employees or agents (the “Personnel”), and for all costs associated with Personnel.
Fortafy and Personnel shall provide the necessary equipment to perform the Services.
Organization is responsible for providing Fortafy access to Salesforce with the appropriate level of permissions to perform the Services as well as any requested deliverables, including feedback and sign off on the resultant work.
2. Plan Descriptions
Basic Administration. The Administration Essentials plan has been designed to help maintain the health of your data and to provide you with enough capacity to run your organization. The following list of Salesforce Administrative tasks are available:
- Management of existing or new fields and objects
- Management of existing or new dashboards
- Management of existing or new reports or listviews
- Management of existing or new page layouts or views
- Management of existing or new Lightning layouts
- Management of users, profiles and permissions
- Troubleshoot user error and data management issues
- Management of periodic backups
- Monthly programmatic de-duplication of Accounts or Contacts
- Monthly evaluation of system health
- Up to 2 data imports per month
- Up top .5 hour of System Admin Web Conference (“Ask an Expert”) sessions per month
Advanced Administration. The Advanced plan has been designed to assist you with more automation, ensure you’re up to date on all applications, the creation of custom Visualforce pages and assistance with integrations.
- All of Basic Administration plus…
- Management of existing or new complex automation
- Visual workflows, triggers
- Visualforce pages
- Assistance with 3rd Party App integrations
- Up to 4 data imports per month
- Up to 2 hours of System Admin Web Conference (“Ask an Expert”) sessions per month
Upon submission of your request, your ViSA will provide you with your place in the queue as well as an ETA for resolution. In addition, they may request clarifying information or key deliverables in order to perform the task. If after this period of discovery, your ViSA is unable to address your request in a reasonable amount of time, your request will be automatically re-assigned to another ViSA and escalate further until there is resolution.
If after the period of discovery your request has gone unresolved after three (3) business days, you will be alerted and provided with an updated ETA. You may also request about possible reassignment of the request.
If your request has gone unresolved after five (5) business days, you will be notified that the request has been automatically re-assigned to another ViSA.
After eight (8) business days, you will be alerted and your request will be escalated to senior management.
After ten (10) business days, you have the right to cancel without penalty and receive a refund on any prepaid months remaining on the annual agreement.
4. Third Party Tools
Fortafy will be utilizing a third party tool for the delivery of data hygiene Services. The cost of this tool has been incorporated into the monthly cost of the Plan, and includes up to 100,000 records per scan for duplicate prevention, mass deduplication and auto merge on Accounts, Contacts and Opportunities.
The license to the deduplication tool is associated with the Organization’s instance of Salesforce. Fortafy reserves the right to discontinue use of this tool at any time and replace with another tool at its discretion.
While other third party tools and applications may be utilized to perform the Services, no other third party application costs are included in the Plan subscription rate.
5. Fees, Refunds and Billing
Organization agrees to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Fortafy to perform under this Agreement. Organization further agrees that, upon registering for the services, you authorize Fortafy to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency.
Payment of the fees shall be in such amounts and at such times as set forth by Fortafy through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided may be suspended in the event of non-payment of applicable fees. You represent and warrant to Fortafy that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
Fortafy may change its fees from time to time by posting the changes on the website. There is no advance notice required for temporary promotions or reductions in fees. Promotions, upgrades, and adjustments to existing plans are non-refundable.
Organization may request a refund within the first 10 business days of a purchase of any new subscription plan. If cancelled during this time, the Organization agrees to forfeit the first month’s payment and will only be refunded the remaining portion of your billing term. Beyond the 10 day window there are no refunds for partial subscription plans beyond the causes noted in Section 7.0.Organization is responsible for use of the Services after payment.
As a result of providing the Services, Fortafy and/or Personnel may create certain work products (the “Work Product”). The Parties intend that, to the extent the Work Product or a portion of the Work Product qualifies as a “work made for hire,” within the definition of Section 101 of the Copyright Act of the United States (17 U.S.C. § 101), it will be so deemed a work made for hire.
If the Work Product or any portion of the Work Product does not qualify as work made for hire, and/or as otherwise necessary to ensure the Organization’s complete ownership of all rights, titles and interest in the Work Product, Fortafy shall transfer and assign to the Organization all rights, titles and interests throughout the world in and to any and all Work Product. This transfer and assignment includes, but is not limited to, the right to publish, distribute, make derivative works of, edit, alter or otherwise use the Work Product in any way the Organization sees fit.
The Organization grants Provider, a limited, non-exclusive, non-transferable, non-assignable, royalty free, worldwide license for use of the Work Product in other derivative works as needed.
7. Confidential Information
Each Party (on its behalf and on behalf of its subcontractors, employees or representatives, or agents of any kind) agrees to hold and treat all confidential information of the other Party, including, but not limited to, trade secrets, sales figures, employee and customer information and any other information that the receiving Party reasonably should know is confidential (“Confidential Information”) as confidential and protect the Confidential Information with the same degree of care as each Party uses to protect its own Confidential Information of like nature.
Confidential Information does not include any information that (i) at the time of the disclosure or thereafter is lawfully obtained from publicly available sources generally known by the public (other than as a result of a disclosure by the receiving Party or its representatives); (ii) is available to the receiving Party on a non-confidential basis from a source that is not and was not bound by a confidentiality agreement with respect to the Confidential Information; or (iii) has been independently acquired or developed by the receiving Party without violating its obligations under this Agreement or under any federal or state law.
8. Security & Privacy
Fortafy and its Personnel utilize reasonable information security measures to safeguard your data.
Fortafy requires that data exchange occur through secure means including password protected .zip files, encrypted data files (via PGP) or via a cloud-based file sharing service like Google Drive, Dropbox or Box.com that has limited access.Provider requires the use of secret sharing sites like OneTimeSecret.com for sharing user credentials. Email, Messaging or our Customer Portal should not be used for sharing this confidential information.
Fortafy restricts access to your data and systems to our employees, contractors, service providers and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Fortafy will not utilize your data for any other means beyond delivering on the scope of work, nor will we share it with anyone outside our organization. We believe it is confidential and proprietary and will treat it as such.
This Service is designed for the reasonable use of a small or mid-size organization to make the ongoing administration of Salesforce cost effective and efficient. Its Services are not meant to replace a full-time Salesforce Administrator or technology department within an organization. If we find that you are not in alignment with our model, violate our core values, or are abusing our services or team in any way, we reserve the right to cancel your account.
You may terminate this Agreement at the time of renewal of your billing plan, or, with cause, for one of the following reasons: (i) Your request exceeded 10 business days without resolution; (ii) Provider was negligent with your data and/or systems, causing loss of data or significant business interruption; or, (iii) Provider changes its fees.
Either Party may terminate this Agreement by providing the other Party written notice if the other Party: (i) Either party is in material breach of this Agreement and has failed to cure such breach within thirty (30) days after its receipt of written notice of such breach provided by the non-breaching Party; (ii) Either party engages in any unlawful business practice related to that Party’s performance under the Agreement; or (iii) files a petition for bankruptcy, becomes insolvent, acknowledges its insolvency in any manner, ceases to do business, makes an assignment for the benefit of its creditors, or has a receiver, trustee or similar party appointed for its property.
Upon termination and in all circumstances, you will be charged the full amount of the current fiscal month.
10. Disclaimer of Warranties
THE WARRANTIES CONTAINED HEREIN ARE THE ONLY WARRANTIES MADE BY THE PARTIES HEREUNDER. EACH PARTY MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ORGANIZATION DOES NOT PROVIDE ANY WARRANTY THAT OPERATION OF ANY SERVICES HEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE.
11. Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Texas without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in the State of Texas. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, HAVING JURISDICTION IN THE STATE OF TEXAS.
Organization agrees to indemnify, defend, and hold harmless Provider and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
13. Modifications to Terms & Conditions
Fortafy may revise these Terms & Conditions of Use at any time without notice. By using the Site you are agreeing to be bound by the current version of this Agreement.