Fostering LLC Service Level Agreement (SLA)

NOTICE: as of 6.1.2016 Fostering has changed their definitions and plan structure for support plan. Existing clients will continue to stay on their existing plan for a term of 6 month. Please contact your system admin or Fostering account manager to discuss the new plan features.

                            

TERMS AND CONDITIONS OF SERVICE

Including but not limited to live changes in your Salesforce Instance

OVERVIEW of WHATS INCLUDED – Please check with your Salesforce administrator or Fostering account manager as to which plan you’re subscribed to.

 

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

LIMIT OF SERVICE – For “clients” who have an active SLA / 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.

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

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 to perform on the nature of your request.

Risk Examples

Simple Changes (Low Risk) – Picklist values, page layouts, reports, list views

Moderate Changes (Medium Risk) – Replacing picklist value data, record type creation, workflow rules and actions, process builder and other automated data manipulation.

Mass Data Manipulation (High Risk) – Importing, updating, and deleting data. Using mass data manipulation  tools, such as Apex Data Loader

EXISTING DATA AND CRM CUSTOMIZATION’S –Fostering LLC will hold no liability to the loss of data or CRM data management functionality  within existing CRM 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. The client holds responsibility and liability to clearly define the possible ramifications of the scope of work and its effects on their existing CRM. Fostering, LLC strongly suggests clients to back up their CRM data on a routine basis to ensure the agreed scope of work does not affect any other user in the CRM.

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. Client will use Fostering, LLC as their core consultant. Client will also refrain from making unaligned decisions that will impact the project without first consulting Fostering, LLC.

SCOPE OF AGREEMENT – Fostering, LLC shall develop, supply and, if applicable, install the Software for the Customer and shall license the Software to the Customer. The Customer shall pay Fostering, LLC in accordance with the terms and conditions outlined in any corresponding SOW. Fostering, LLC shall supply the third party / proprietary Software [if any] set out in the SOW on the terms of the relevant license agreement and the Customer shall pay Fostering, LLC 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 “project” scope of work that would be in addition to set agreement would need to be quoted additionally. Support Plan(s) – are to support and minimally (less than 1 hour) customize the existing functionality of your current software additional/ 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 customization’s/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.

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.

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, formula, 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.