Fostering LLC Service Level Agreement (SLA)

TERMS AND CONDITIONS OF SERVICE

OVERVIEW of WHATS INCLUDED – Please check with your Salesforce administrator or Fostering account manager as to which plan you’re subscribed to or reference your executed scope of work contract for further details.

 

Professional Plan “Salesforce Administrative Support” (Plans start @ $300 per month for up to 5 users and increases with additional levels of Salesforce functionality)

Real-Time Live Support by a Certified Salesforce Administrator

Salesforce Declarative Functionality

“Ask for Help” Button in your Salesforce

Login portal to manage requests

Training Resources

Best Practice Consulting

Up to 5 Cases per month

 

Enterprise Plan “Salesforce Adoption and Workflow Support” (Plans start @ $500 per month for up to 5 users and increases with additional levels of Salesforce functionality)

All of Professional plus…

Real-Time Live Support by a Certified Salesforce Administrator, Developer and Cloud Consultant

Proactive Support from a Dedicated Account Manager

Monthly Adoption Report Card

20% Discount on Additional Projects

Virtual or Onsite Follow up Training at Fostering LLC office

Up to 15 Cases per month

 

Unlimited Plan “Salesforce Full Development Support” (Each unlimited plan requires a custom quote)

All of Professional & Enterprise plus…

Custom Development of:

Salesforce Triggers

Apex Classes

Visualforce Pages

APIs

Mass Data Manipulation

Unlimited Cases per month

If any condition is not met Fostering reserves the right to contact “client” to arrange an additional scope of work

 

Fostering Service Level Agreement Details 

Please review the document to familiarize yourself with the policies of Fostering LLC (hereafter “Fostering”). If
you have any questions or would like to discuss the features of your Support Level Agreement, please contact your
system administrator or Fostering account manager.

INTRODUCTION

This Support Level Agreement defines the level of Support available through each Support Plan. A Support Plan
and Support Class determine what is available for each client.
Please check with your Fostering account manager to confirm if an item is covered in your Support Plan.

LIMIT OF SERVICE

For “clients” who have an active Contract or Support plan with Fostering, LLC. The case submission or “Ask for Help” is first limited to the definition within your contract and then limited to the following: 1) User must be authorized to submit a support request 2) Support request cannot exceed 1 hour of development time. 3) Support request must relate to customizations Fostering LLC has performed. If client is requesting support for features they or another party have customized, this may not be covered. 4) Service is defined as maintaining or minimally expanding existing functionality.

ADDITIONAL LIMITATION ON SUPPORT PLANS

\For clients who have an active Plan with Fostering, Support is first limited to the definition within your contract and
then limited to the following:
1) User must be authorized to submit a Support Request.
2) Support Request cannot exceed 1 hour of development time.
3) Support Request must relate to existing supported customizations Fostering has delivered. If the Client Support
Request relates to further Salesforce customization or 3rd­party application functionality, the Support Request may
not be covered under the Plan.
4) In providing Support, Fostering, LLC reserves the right to:
i) define Support Request as out of scope
ii) contact Client to arrange an additional scope of work in the course of fulfilling a Support Request.
If a Client is currently paying for a Support Plan, a Support Request will be owned and reviewed by a Fostering
employee.

SUPPORT RESOLUTION AND RESOLUTION NOTIFICATION

The client will be notified via the Customer Portal of a Support Request’s Status from submission to resolution,
regardless of whether the Support Request is able to be completed as desired.
The Fostering employee will attempt to respond to the the initial Support Request within the Initial Response Time
for clarification or approval; it is incumbent upon the Client to further the Support Request if further information is
requested by communicating promptly regarding the case with Fostering Support.
If the Support Request has not been followed up on by the customer by an appropriate communication channel
(Customer Portal, email, or phone) for a month, then the Fostering Support employee will close the Support Request
until such time as the Client wishes to pursue the Support Request further.
In the case of third­party applications or extensive further customization, the Client may be referred to the
appropriate third­party resource to resolve the Support request.

RISK ASSUMPTION(S) IN LIVE PRODUCTION CHANGES

Due to the nature of making requested changes
within a live production instance of your Salesforce, there are risks involved depending on the nature of your
request. The Client acknowledges these risks and gives permission to Fostering, LLC to make live changes in
production by the submission of any Support Request(s).
Risk Examples (not comprehensive):
Simple Changes (Low Risk) – Changes or edits to picklist values, page layouts, reports, list views, or similar
examples.
Moderate Changes (Medium Risk) – Replacing picklist value data, creation/editing of record type(s),
creation/editing of workflow rules and/or actions, creation/editing of processes, and other creation/editing of
automated data manipulation, or similar examples.
Mass Data Manipulation (High Risk) – Importing, updating, and/or deleting data, using mass data manipulation
tools (such as Apex Data Loader) in any way, or similar examples.

SERVICE LEVEL RELATIONSHIP

Client hereby agrees to and has been adequately communicated to regarding
the expectations and priorities for the CRM implementation project. Executive also agrees that in every manner of
the implementation, the client will use Fostering as their core consultant, unless Fostering is otherwise informed.
Client will also refrain from making unaligned decisions that will impact the project without first consulting
Fostering.

SCOPE OF AGREEMENT

Fostering shall develop, supply and, if applicable, install the Software for the Client
and shall license the Software to the Client. The Client shall pay Fostering in accordance with the terms and
conditions outlined in any corresponding Scope(s) of Work (hereafter “SOW”). Fostering shall supply the third party
/ proprietary Software (if any) set out in the SOW on the terms of the relevant license agreement and the Client shall
pay Fostering the license fees in accordance with the terms and conditions outlined in any corresponding SOW.
Work proposed in the agreement is to be delivered as stated; additional projects or Scope(s) of Work in addition to
existent agreement would need to be quoted additionally. The Support Plan(s) described in this document,
alternatively, are to support and minimally customize the existing functionality of your current software (for more
information, see previous section called ADDITIONAL LIMITATION ON SUPPORT PLANS). Additional and/or
larger customizations require a project quote.

INTELLECTUAL RIGHTS AND PROPERTY

All rights, including moral rights, title and interest to work product developed in the course of this SOW delivered to a client, shall become the property of the client for their use only, subject to payment in full of all fees. Fostering, LLC acknowledges that the Products shall be deemed “works made for hire” by Fostering, LLC for Client, and, therefore, shall be the property of Client for their purpose only. The intellectual property of their creation of CRM customizations/coding/are those of Fostering, LLC and can/may be used in other customer projects. Complete property rights for customizations can be negotiated for additional fees. Notwithstanding any provision of this Agreement to the contrary, any routines, methodologies, processes, libraries, tools or technologies created, adapted or used by Fostering, LLC in its business generally, including all associated intellectual property rights (collectively, the “Development Tools”), shall be and remain the sole property of Fostering, LLC, and Customer shall have no interest in or claim to the Development Tools, except as necessary to exercise its rights in the Products. In addition, notwithstanding any provision of this Agreement to the contrary, Fostering, LLC shall be free to use any ideas, concepts, or know-how developed or acquired by Fostering, LLC during the performance of this Agreement to the extent obtained and retained by Fostering, LLC’s personnel as impression and general learning. If “all fees” are not collected in the terms of this contract, Fostering, LLC has the right to remove such property as defined above from client source of use.

LIMITATION OF LIABILITY

Fostering LLC will install, configure and integrate the Software, if so stated in the Specifications, however, Fostering, LLC accepts no liability for any loss, damage or interruption caused directly or indirectly to the Customer’s computer network or IT Systems, Internet connections or data as a result of such installation, configuration or integration.

Fostering, LLC, its officers, employees or agents will not be liable in contract, tort, or otherwise to the Customer for any direct or indirect damage, loss or cost arising directly or indirectly in respect of the Goods or Services supplied or from any of Fostering, LLC’s acts or omissions. If Fostering, LLC is held liable to the Customer for any reason, Fostering, LLC’s maximum liability is the amount paid by the Customer for the Services to which the liability relates.

WARRANTIES

Fostering, LLC warrants that during the Warranty Period the Software will perform substantially in accordance with any Specification on any Specified Equipment, minor interruptions and errors excepted. Fostering, LLC shall not be liable for any breach of warranty if a failure to meet any of the warranties set out in the clause is caused by:

  1. a) software other than the Software running on the Specified Equipment; or
  2. b) modifications or customization made by or on behalf of the Client to the Software without the authorization of Fostering, LLC.

Fostering, LLC makes no warranty that the Software is error free or that its use will be uninterrupted, and the Client acknowledges that such errors or interruptions shall not constitute a breach of this Agreement; and makes no warranty in relation to any Third Party Software.

FORCE MAJEURE

Either Party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.

The obligations and rights of the Party so excused shall be extended on a day-to-day basis for the period equal to the period of such excusable interruption. When such events have abated, the Parties’ respective obligations hereunder shall resume.

In the event the interruption of the excused Party’s obligations continues for a period in excess of Ninety (90) calendar days, either Party shall have the right to terminate this Agreement upon seven (7) calendar days’ prior written notice to the other Party.

NO HIRE AGREEMENT

Company understands that Fostering, LLC has gone to considerable time and expense in training, orienting, and equipping its consultants/employees to perform their duties. Therefore, Company shall not, within two(2) years after contract end date, without prior consent from Fostering, LLC, retain any consultant/employee on a full-time, part-time, project-wise or in any other capacity as an independent contract, consultant or employee. If Company does so, with consent from Fostering, LLC, it agrees to pay Fostering, LLC a placement fee of 50% of the monthly compensation of the consultant/employee for a period of one year. Company and Fostering, LLC agree that it would be extremely difficult or impossible to ascertain the actual amount Fostering, LLC would be damaged, and accordingly, agrees that these liquidated damages are reasonable.

CONFIDENTIAL INFORMATION

Purpose to maintain Company data confidentiality and Fostering, LLC intellectual property from other consulting competition. Fostering, LLC and Company shall keep confidential any and all information, including, but not limited to, research, developments, product plans, products, services, diagrams, formulae, processes, techniques, technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, copyrights, trademarks, trade secrets, customers, suppliers, markets, marketing, finances disclosed by Company either directly or indirectly in writing, orally or visually, to Fostering, LLC.

EXISTING CRM DATA AND CUSTOMIZATIONS

Fostering, LLC will hold no liability for the loss of data or CRM data management within a current CRM system that is outside of the scope of work performed or if client has not adequately informed Fostering, LLC (in writing) about existing conditions of their CRM use prior to this agreement being signed. The client holds complete responsibility and liability to define clearly the possible ramifications of the scope of work and its effects on their CRM. Fostering, LLC strongly suggests your back up your CRM data on a routine basis to ensure the agreed scope of work does not affect any other user in your CRM.

Regarding data provided to Fostering, LLC. When data is sent to Fostering, LLC, it shall be deemed as a copy of your data and will not be treated as an original. It is client’s responsibility to make backups and securely store them.

PERIODIC REVIEW

This Agreement is valid from the Effective Date outlined herein (July 1, 2017) and is valid until further notice. In
lieu of a review during any period specified, the current Agreement will remain in effect.
Fostering is responsible for facilitating regular reviews of this document. Contents of this document may be
amended as required, provided mutual agreement is obtained from Fostering and the Client. Fostering will
incorporate all subsequent revisions and obtain mutual agreements / approvals as required.

SUPPORT AVAILABILITY

Coverage parameters specific to the Support covered in this Agreement is as follows:
­ Telephone support : 9:00 A.M. to 5:00 P.M. Monday ­ Friday (CST)
­ Email support: Monitored 9:00 A.M. to 5:00 P.M. Monday ­ Friday (CST)
­ Emails received outside of office hours will be collected; however, no action can be guaranteed until the next
working day

Glossary
Entities:
Salesforce
The cloud computing company (www.salesforce.com) that generates revenue through its Customer Success platform
and with which Fostering is an independent consultant.
Client
The person or organization utilizing the services of Fostering, LLC.
Fostering, LLC (also known as “Fostering”)
This independent Salesforce consulting firm (www.fosteringllc.com).
Agreements and Interfaces:
Fostering LLC Customer Portal (also known as “Customer Portal”)
The web interface, provided by Fostering, through which Clients may review or submit their Support Requests.
Project
A billed consulting solution from Fostering, accompanied by a Scope of Work.
Scope of Work (also known as “SOW”)
A written agreement that details the extent of a consulting solution provided by Fostering.
Continuing Services:
Support Plan (also known as “Support Plan” or “Plan”)
The agreement containing a Scope of Work between Fostering and the Client that defines the nature, quality, and
scope of a Salesforce instance customization and the accompanying Support Plan to be provided.
Support Class
The standard of Support included in a Support Plan.
Basic
Contains support items native to Salesforce functionality that are straightforward to change; modifications to which
take little time and pose a low potential risk to the system.
Automation
Contains support items that are used to automate and enhance native Salesforce functionality; modifications to which
may take a moderate amount of time to complete and may pose a medium to high potential risk to the system.
Integration
Contains support items that are used to integrate external systems with Salesforce; modifications to which may take a long amount of time to complete and may pose a medium to high potential risk to the system.
Support Item
An individual Salesforce function included in a Support Class.
Support Request
A formal request for maintenance or minimal extended functionality of the Client’s existing Salesforce instance
submitted by an approved user for a particular Support Item, defined under that user’s corresponding Plan; see the
ADDITIONAL LIMITATION ON SUPPORT PLANS section for more information.
Supplemental Definitions:
Price
Monthly price of Support Plan may increase according to user count and complexity. Please discuss with your
Fostering Account Manager.
Support Requests Per Month
The amount of Support Requests per month allowed per Support Plan.
Initial Response Time
The time it takes to respond to a client’s Support Request. Subject to the Support Item requested.
Working Resolution Time
The working time it may take a Fostering employee to resolve a case. Subject to the Support Item requested.