Terms of Service

Section 1: Saym Services

1. Introduction

These Terms of Service ("Terms") govern your use of the consulting services ("Services") provided by Saym Services Inc. ("Consultant"). By engaging with our Services, you agree to these Terms. We reserve the right to modify these Terms at any time. Your continued use of the Services after any modifications indicates your acceptance of the new Terms.

2. Scope of Services

Consultant will provide Salesforce consulting services as outlined in the agreed Statement of Work (SOW) or project proposal. The scope of services may include but is not limited to Salesforce implementation, customization, administration, training, and support.

3. Deliverables

Consultant agrees to deliver the following ("Deliverables") as part of the Services:

• Salesforce Consulting (Sales Cloud)*

• Technical platform consultation services (aka: SMB Technical Consulting or Custom Consulting)*

• On-Demand Salesforce Admin Support*

• Salesforce, CRM Coaching*

• Subscription based services* with recurring weekly or monthly billing, see Section 2.

*Note: The specific breakdown of Deliverables per service will be appended to this section as agreed upon with the client in the SOW. Each service is sold in buckets of three hours and five hours, business weekdays only unless otherwise specified. One week of Salesforce Consulting service is forty hours across five regular non-holiday business days. Retainer based subscription deliverables will be scoped out with the consultant as needed in a timely manner.

4. Fees and Payment Terms

4.1 Primary Payment Methods: Payments for Services will be made through either Saym Services Inc. web store (aka: “Saym Preferred”) or via invoices sent directly to the client. The client agrees to pay all fees as outlined in the invoice.

4.2 Credit Card Payments: All invoices will be payable via credit card through the payment link provided in the invoice. The client is responsible for ensuring that the credit card information provided is accurate and up to date.

4.3 Invoicing: Invoices will be sent to the client upon completion of agreed-upon milestones or monthly, depending on the nature of the Services. Payment is due within 15 days of the invoice date.

4.4 Reimbursable Expenses: The client agrees to reimburse Consultant for any pre-approved, out-of-pocket expenses incurred in connection with the Services. These expenses will be itemized and included in the invoice.

4.5 Late Payment Terms: If payment is not received within 30 days of the invoice date, a late fee of 3.0% per month (30 days) will be applied to the outstanding balance. If the payment is not received within 45 days, Consultant reserves the right to suspend Services until all outstanding payments are made.

4.6 Suspension of Services: Consultant may suspend Services if payment is not received within 45 days of the invoice date. Services will resume once all outstanding payments, including any late fees, are settled.

5. 90-Day Limited Liability Warranty

Consultant warrants that the Deliverables will substantially conform to the specifications outlined in the SOW for a period of 90 days following delivery. If a non-conformity is reported within this period, Consultant will use commercially reasonable efforts to correct the issue at no additional cost. This warranty does not cover issues arising from modifications made by the client or third-party software and or other consulting firms.

6. Refund Policy

If the client is not satisfied with the Services provided, they may be eligible for a 25% refund of the total fees paid under the following conditions:

• The client must provide written notice of dissatisfaction within 30 days of receiving the final Deliverable.

• The refund is contingent on Consultant’s inability to resolve the issue within 15 business days after receiving the notice.

7. Termination Clause

Either party may terminate the Services at any time by providing 30 days' written notice to the other party. Upon termination, the client will be responsible for all fees and expenses incurred up to the termination date. Any prepaid fees will be refunded on a pro-rata basis, minus any applicable refund as described above.

8. Intellectual Property Rights

All intellectual property rights in the Deliverables remain with Consultant until full payment is received. Upon full payment, the client will have a non-exclusive, non-transferable license to use the Deliverables for their internal business purposes.

9. Limitation of Liability

Except as expressly provided herein, Consultant makes no warranties, express or implied, regarding the Services. Consultant’s liability to the client for any claim arising under these Terms shall be limited to the fees paid by the client to Consultant under the applicable SOW.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the province of Ontario, Canada.

11. Updates to Terms

Consultant reserves the right to update these Terms at any time. Any updates will be communicated to the client in writing, and the continued use of the Services after such updates indicates acceptance of the new Terms.

12. Indemnification

The client agrees to indemnify, defend, and hold harmless the Consultant, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or in any way connected with the client's use of the Deliverables or Services, including but not limited to:

• Claims arising from any breach of these Terms by the client.

• Claims arising from any content, data, or materials provided by the client.

• Claims related to the unauthorized use of third-party intellectual property.

13. Confidentiality

Both Client and Consultant agree to treat materials as confidential and not disclose any proprietary or confidential information received from the other party in connection with the Services, except as required by law or with the prior written consent of the other party. This obligation of confidentiality will survive the termination of the Services.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, or natural disasters. In such cases, the affected party will notify the other as soon as possible and will use reasonable efforts to resume performance as soon as practicable.

15. Dispute Resolution

Any disputes arising out of or in connection with these Terms shall be resolved through good faith negotiations between the Client and Consultant. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration in the province of Ontario, Canada. Each party shall bear its own costs of arbitration unless Terms of Service #12 Indemnification applies.

16. Non-Solicitation

The client agrees that, during the term of the Services and for a period of one year thereafter, they will not solicit, hire, or engage any employees or contractors of the Consultant who were involved in providing the Services, without the prior written consent of the Consultant.

17. Non-Disclosure of Terms

The client agrees not to disclose the terms and conditions of this agreement, including any fees, deliverables, or other specific details, to any third party without the Consultant's prior written consent, except as required by law.

18. Waiver and Severability

Any failure by the Consultant to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

19. Entire Agreement

These Terms, together with any SOW or project proposal, constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written, relating to the subject matter hereof.

20. Assignment

The client may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Consultant. The Consultant may assign or transfer its rights and obligations under these Terms without the client's consent.

21. Limitation of Actions

No action, regardless of form, arising out of these Terms may be brought by either party more than one year after the cause of action has accrued, except where such limitation is prohibited by law.

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Section 2: Saym Preferred Subscription

1. Introduction

These Terms of Service ("Terms") govern your subscription to the "Saym Preferred" service ("Subscription") provided by Saym Services Inc. ("Consultant"). By subscribing to Saym Preferred, you agree to these Terms. We reserve the right to modify these Terms at any time. Your continued use of the Subscription after modification indicates acceptance of the new Terms.

2. Subscription Benefits

Saym Preferred subscribers receive the following benefits:

• A 15% discount on all services with the exception of subscription (monthly, weekly, recurring billing) services provided by Consultant.

• Access to a direct contact line for assistance with issues related to Salesforce consulting. Please note that this contact line is for inquiries and assistance with services purchased from the Consultant only; any work will only be performed once the subscriber purchases the necessary hours or service packages.

• “Retainer” Subscriptions include four non-cumulative hours per week for the specified service (“Admin”, “Consulting”, etc.). Additional services that are not subscription products will be purchased separately at the subscribers discretion.

3. Subscription Fees and Payment

• Base Subscription Fees: The Subscription fee is $8.69 CAD per week, $29.99 CAD per month. This fee will be billed automatically to the payment method on file at the beginning of each billing cycle.

• “Retainer” Subscriptions Fees: A separate recurring fee for a bucket of specified hours of weekly service. The service is named in the subscription, terms of service apply.

• Discount on Services: Subscribers will receive a 15% discount on all services, except other Subscriptions, purchased during their Subscription period.

• Additional Charges: Any services or hours purchased beyond the Subscription will be billed separately and are not included in the Subscription fee.

4. Cancellation of Subscription

• Cancellation Policy: The Subscription may be canceled at any time by the subscriber, free of charge. To cancel your Subscription, please contact us via email (contact[at]saymservices.com) or cancel through your account on the website (www.saymservices.com).

• Refunds: Upon cancellation, no refunds will be issued for the current billing cycle, but the Subscription will remain active until the end of the current billing period.

5. Use of the Direct Contact Line

• Scope of Use: The direct contact line is intended for inquiries, initial assessments, and discussions related to the consulting services. Actual work or service delivery will only commence once the subscriber purchases the necessary hours or service packages.

• Availability: Consultant will make reasonable efforts to ensure the availability of the direct contact line during regular business hours. However, Consultant does not guarantee uninterrupted access and is not liable for any delays or unavailability.

6. Termination of Subscription by Consultant

• Termination for Cause: Consultant reserves the right to terminate the Subscription immediately if the subscriber breaches any of these Terms or engages in any conduct that Consultant deems harmful or inappropriate.

• Effect of Termination: Upon termination by Consultant, the subscriber will lose access to all Subscription benefits, including the direct contact line and the 15% discount on services.

7. Modifications to the Subscription

Consultant reserves the right to modify or discontinue the Saym Preferred Subscription at any time. Any changes will be communicated to subscribers in advance, and continued use of the Subscription after such changes indicates acceptance of the new Terms.

8. Limitation of Liability

Consultant’s liability to the subscriber for any claim arising under these Terms shall be limited to the amount paid by the subscriber for the Subscription during the previous billing cycle. Consultant is not liable for any indirect, incidental, or consequential damages arising from the use of the Subscription.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the province of Ontario, Canada.

10. Entire Agreement

These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between the subscriber and Consultant regarding the Saym Preferred Subscription.

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If you have any questions or concerns about these Terms of Service, please contact us.