TERMS AND CONDITIONS OF SERVICE
Please review this document to familiarize yourself with the policies of Fostering LLC (hereafter “Fostering”). Please check with your Salesforce administrator or Fostering account manager to confirm which plan you are subscribed, or reference your executed scope of work contract for further details.
Fostering requests that all submissions be completed via the online Fostering Support Form and managed in the Fostering Client Portal. In the client portal, you are asked to use Chatter to communicate requirements and further information about the submitted case. This will allow the response times in the below SUPPORT RESOLUTION AND RESOLUTION NOTIFICATION section. Submission and communication outside of these means may slow response times.
SDLC (Software Development Life Cycle)
Fostering, at our discretion, will follow a proper SDLC for your requests, similar to the SDLC in the below image. If you request any deviations to this SDLC, Fostering is released from any liability regression, loss of time, monetary loss, or otherwise.
Outline proper requirements: It is required, for timely and accurate development, that business requirements be 100% complete and thoroughly documented. Any ambiguity in the requirements will result in unexpected results or excess time spent during requirements gathering, development, and testing.
A well-defined request includes the following:
- Screenshots, drawings, or sketches detailing what is to be changed
- URL links to records to relevant records or links
- A Thoudetails of all the information needed so no assumptions are concluded by development
Testing: The client is 100% responsible for testing, per the agreed-upon SDLC. It is crucial that the client, as the owner of the CRM, knows exactly what is happening and how it happens. The client must allow adequate time to test the developed functionality.
Bug or New Spec – Definitions:
- Bug = Any technical difference between the sandbox and production, that was part of the development.
- New Spec = Any client expectation difference between sandbox and production. If you are now finding an issue in production, however, it worked the same way in the sandbox, this is not a Bug it is a New Spec. Fostering cannot be liable for deployed bugs if you have tested and given the ok to deploy. Also, if there is something new now caught in production and was not part of the development, this is also a New Spec.
Deployment: We encourage you to review “Deployment to Production – What to expect?” to best prepare yourself and end-users for the new features Fostering will be building and deploying.
Urgent work requests: Fostering works hard to communicate timelines for many clients. Any request that needs immediate attention that is not a BUG, will cause other client work to be prioritized. Requests like this are limited to Fostering availability to move other client work and are billed hourly rate + ½ based on the client’s Fostering Rate Card.
After-hours work requests: After Hours is defined by business days (after 6pm), Weekends, and Holidays – Fostering charges hourly rate + ½ based on the client’s Fostering Rate Card and be approved by Fostering minimum of 48hrs before work is scheduled to be done.
SUPPORT/SUCCESS PLANS – Terms and Conditions
OVERVIEW of WHAT’S INCLUDED – This Support Level Agreement defines the level of support available through each Support Plan.
Please check with your Fostering account manager to confirm if an item is covered in your Support Plan.
Support Plans exist to help stabilize and support your existing Salesforce instance and its customizations. These plans are not meant for enhancements or new business requirements. However, Fostering would enjoy completing new work for you. In this case, please contact your account manager to discuss a prepaid time or scope of work agreement.
Professional Plan (“Salesforce Administrative Support” )
Plans start @ $300 per month, for up to 5 users and increase with additional levels of Salesforce functionality
Support by a Certified Salesforce Administrator
Salesforce Declarative Functionality
“Ask for Help” Button in your Salesforce
Login portal to manage requests
Training Resources Such as Trail Head or Pre-Developed Training Material
Up to 5 Cases per month (max 1 hour per request)
Enterprise Plan (“Salesforce Adoption and Workflow Support” )
Plans start @ $500 per month for up to 5 users and increase with additional levels of Salesforce functionality
All of Professional plus…
Live Support by a Certified Salesforce Administrator, Developer, and/or Cloud Consultant
5% Discount on Additional Projects
Virtual or Onsite Follow up Training at Fostering LLC office
Best Practice Consulting
Up to 10 Cases per month
Unlimited Plan (Salesforce Full Development Support”)
Each unlimited plan requires a custom quote
All of Professional & Enterprise plus…
Custom Development of:
Mass Data Manipulation
Every submitted request counts toward the maximum number of allowed support cases per month. Fostering reserves the right to define what is covered or out of scope on a per-request basis.
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:
- User must be authorized to submit a support request.
- Support requests cannot exceed one hour of requirement gathering and/or development time.
- Support request must relate to customizations Fostering, LLC has performed within a Scope of Work. If support is requested for features the client or another party have customized, this may not be covered.
- “Service” is defined as maintaining or minimally expanding existing functionality
In providing support, Fostering, LLC reserves the right to:
- Define the Support Request as out of scope.
- Contact the client to arrange an additional scope of work in the course of fulfilling a Support Request.
SUPPORT RESOLUTION AND RESOLUTION NOTIFICATION
The client will be notified via the Client Portal upon submission of a support request.
The Fostering employee will attempt to respond to the initial Support Request within 48 hours for clarification or resolution; it is incumbent upon the Client to further the Support Request if further information is requested by promptly communicating.
If the Support Request has not been followed-up on by the customer through an appropriate communication channel (Client Portal, email, or phone) for 30 days, then the Fostering Support employee will close the Support Request until such time as the client wishes to further pursue the Support Request.
In the case of third-party applications or extensive further customization, the client may be referred to the appropriate third-party resource to resolve the Support request.
PREPAID TIME – Terms and Conditions
Prepaid time is used for clients who would like to retain Fostering, LLC’s professional services in an intentional manner. This is best used for feature requests that do not have clear and detailed requirements outlined, or staff augmentation engagements.
Fostering will track time to the .25 / hour interval. Time tracking will be used per the provided Fostering Rate Card. Fostering will also outline a short summary of what was completed in the Summary field.
Fostering will send a weekly email to the client to show time-tracked summaries and balance.
Prepaid time expires in one year (365 days) from the date of payment.
PAYMENT TERMS AND CONDITIONS
All prepaid time must be paid in advance for work to begin. Fostering reserves the right to stop current requests if the balance falls below a positive number or if the request will take longer than the balance allows.
Fostering provides discounts to your hourly rate based on the amount of purchased prepaid time. See Fostering Rate Card for discount tiers.
General Terms and Conditions Continued
RISK ASSUMPTION(S) IN LIVE PRODUCTION CHANGES
Due to the nature of making requested changes within a live production instance of your Salesforce org, 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 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. The Executive also agrees that in every manner of the request, the client will use Fostering as their core consultant for the request, unless Fostering is otherwise informed. Client will also refrain from making unaligned decisions that will impact the request without first consulting Fostering. Fostering reserves the right to cancel any client’s service plan at any time. If payment(s) are delinquent past the billing term, Fostering reserves the right to pause requests until payments are made in full.
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 the existing agreement would need to be quoted additionally. The Support Plan(s) described in this document, alternatively, is to support and minimally customize the existing functionality of your current software (for more information, see the previous section called 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 the 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.
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:
- software other than the Software running on the Specified Equipment; or
- 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.
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
The 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.
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.
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, by Fostering.
Coverage parameters specific to the Support covered in this Agreement is as follows:
Telephone support: 8:00 A.M. to 4:00 P.M. Monday - Friday (CST)
Email support: Monitored 8:00 A.M. to 4:00 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.
The cloud computing company (www.salesforce.com) that generates revenue through its Customer Success platform
and with which Fostering is an independent consultant.
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.
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.
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.
An individual request from a client logged as a case.
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.
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.