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We are committed to offering your the best implementation experience possible, which starts with clear expectations.
➜ Vea Aquí para la versión de estos términos en español.
➜ See here for Terms of Service for Enhanced Implementations.
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TERMS AND CONDITIONS FOR CORE IMPLEMENTATIONS
1. Introduction:
These Terms and Conditions ("Agreement") govern the Core Implementation services ("Services") provided by Digifianz ("Provider") to the client ("Client"). By purchasing the Core Implementation, the Client agrees to comply with and be bound by this Agreement.
2. Scope of Services:
The Provider will deliver the following Services:
A. Weekly* one-hour meetings including:
* The established weekly cadence may be increased if and only if the Client includes a Rush Fee in their purchase, detailed in Section 4.
B. All implementation work to be executed exclusively during said one-hour meetings.
C. Each purchased hub in a Core Implementation includes one (1) process within that hub. For purposes of this Agreement, a “process” is defined as:
Implementing more than one process within the same hub is not included in a Core Implementation and must be purchased as an add-on to the service, detailed in Section 6.
3. Onboarding Period and Expiration of Services:
Services shall be consumed during the implementation period corresponding to the services purchased:
* Enterprise Hubs: Two (2) additional weeks are added for any hub for which an enterprise-level implementation is purchased.
**The start date is considered to be the date of the scheduled Kickoff or seven (7) calendar days after the Client has rendered payment for the onboarding, whichever is first.
The Client must consume all included meetings within the applicable onboarding period. Any meetings not used within that period will be forfeited, and no refund or credit will be issued for unused services.
Any additional calls must be purchased separately at the list price in effect at the time of this new purchase.
In the event of a documented hardship or uncontrollable event, the Client may request one (1) reasonable extension not to exceed fourteen (14) calendar days, subject to approval by Digifianz. This extension must be requested by a member of the Client’s team in writing via email to help@digifianz.com exclusively.
4. Rush Fees:
The Client has the option of adding a Rush Fee to their purchase, equal to 50% of the total value the Services purchased. The purchase of a Rush Fee entitles the Client to increase meeting frequency and complete their onboarding in less time. The adjusted time frames would be as follows:
* Enterprise Hubs: One (1) additional weeks are added for any hub for which an enterprise-level implementation is purchased.
**The start date is considered to be the date of the scheduled Kickoff or seven (7) calendar days after the Client has rendered payment for the onboarding, whichever is first.
The purchase of a Rush Fee by the Client serves the sole purpose of providing additional resources to the Client in the form of increased meeting frequency. The purchase of a Rush Fee will not affect in any way the Onboarding Period and the Expiration of Unused Sessions previously stipulated in section 3.
5. Integrations and Custom Development:
Core implementations by themselves do not include any custom code or development services including but not limited to: custom landing pages, custom quote templates, HubDB configuration, website development, or custom integrations such as API integrations.
The Client may request that development services be added to their quote. All projects must be reviewed and quoted on a case-by-case basis by our technical team. We cannot guarantee that we are able to undertake any proposed development project due to technical and team availability limitations.
All work completed by our team is limited to the confines of the HubSpot platform. We are not able to execute implementations of any kind on any external platform unless previously agreed to in writing by a member of our Sales or Management teams. External platforms include but are not limited to: WhatsApp, Facebook, Facebook Business Manager, ERP platforms, email providers, or external CRM platforms. This limitation applies to native HubSpot integrations as well, as we are only able to assist with the HubSpot-side of the integration within the scope of a Core onboarding.
6. Add-ons:
The following implementation elements are not included in the Core Implementation and are available only as add-ons. These services must be requested through our website or during the sales process and will be quoted quickly by our team through an express quoting process:
All add-ons are subject to separate pricing, scope, and acceptance terms and are not considered included in this Agreement unless expressly stated in writing in the Client’s purchase documentation.
This list is non-exhaustive and may be updated as additional add-ons become available.
Required HubSpot Hub and tier Subscriptions vary by add-on.
7. Scheduling and Rescheduling:
A. Kickoff calls: The kickoff call will be scheduled by the Client through a HubSpot Meeting Scheduling Page upon purchase of the service. Upon selection of a time, a member of our team will be assigned to your implementation. In the event that the call needs to be rescheduled, the Client shall contact their implementation consultant directly to reschedule, subject to the availability of the Client’s implementation consultant with the Provider.
B. Scheduling project calls: the Provider and the Client will mutually agree on the schedule for subsequent project calls, subject to the availability of the Client’s implementation consultant with the Provider
C. Cancellation and Rescheduling: If the Client needs to reschedule a call, they must notify the Provider at least twenty-four (24) hours in advance. This notification should be sent in writing via email to their assigned Implementation Consultant with the Provider. The rescheduled call shall be subject to the availability of the Client’s implementation consultant with the Provider.
D. Late Cancellation: If a meeting is canceled with less than twenty-four (24) hours’ notice, the Client will forfeit the call and will not be entitled to a replacement call. Any additional calls must be purchased separately at the list price in effect at the time of this new purchase.
8. The Client’s Responsibilities within the Service:
The Client agrees to:
A. Attend all scheduled meetings.
B. Provide timely feedback and required information to facilitate the implementation process.
C. Ensure that all necessary personnel are available for the meetings.
9. Payment Terms:
This is a prepaid non-refundable one-time service. Fees will be paid via a HubSpot payment link previous to execution of the implementation. Exceptions made for justifiable termination specified in section 13, Termination.
10. Confidentiality:
Both parties agree to keep confidential all information disclosed during the implementation process. This obligation extends to proprietary information, business plans, and any other sensitive information.
11. Intellectual Property:
All content, including information, data, software, photographs, graphics, video, typefaces, music, sounds, and other materials, is protected by copyrights, trademarks, patents, or other proprietary rights, which are valid and enforceable in all forms, media, and technologies now existing or hereafter developed.
The Client shall not remove or modify any copyright, trademark, or other proprietary notices. The Client is not permitted to copy, modify, delete, erase, augment, add to, publish, or transmit any of the materials or services, in whole or in part.
The Digifianz logo is the property of its respective owner(s) and may not be reproduced, copied, or altered in any manner without the express written authorization of the trademark holder.
12. Non-Solicitation:
The Client undertakes not to contract, under any form, the services and/or benefits of any current or past employee or collaborator of DIGIFIANZ for a period of five (5) years from the date of purchase of our services. The prohibition includes any direct or indirect hiring of the employee or collaborator in question. Failure to comply with this obligation shall give rise to an indemnity obligation of $30,000 (thirty thousand united states dollars) in favor of DIGIFIANZ.
13. Termination:
A. By the Client: the Client may terminate this Agreement at any time by providing written notice to the Provider. No refunds will be issued for Services already rendered. If HubSpot’s requirement for users to complete an onboarding when acquiring a new Professional level hub or above applies to the Client, the Client must: purchase a different onboarding service with us, start an onboarding with HubSpot directly, or start an onboarding with another certified HubSpot partner.
B. By the Provider: the Provider may terminate this Agreement if the Client fails to comply with the Terms outlined herein. In such cases, no refunds will be issued for Services already rendered. If HubSpot’s requirement for users to complete an onboarding when acquiring a new Professional level hub or above applies to the Client, the Client must: purchase a different onboarding service with us, start an onboarding with HubSpot directly, or start an onboarding with another certified HubSpot partner.
14. Limitation of Liability:
The Provider’s liability under this Agreement is limited to the amount paid by the Client for the Services. The Provider shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the Services.
15. Force Majeure:
The Provider shall not be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay results from events beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, labor disputes, or interruptions to telecommunications or internet services.
16. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of Florida in the United States.
17. Modification of Terms:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any such modifications shall be effective immediately upon posting of the revised Terms on our website or by providing other notice thereof.
We will make our best effort to notify current Clients of modifications made to these Terms, and changes will not be applied retroactively to Services already active at the time modifications are made. However, existing Clients who purchase additional Services after modifications are made will be subject to the modifications made to these Terms. In the case of material modifications, Clients will be notified in writing and may cancel any additional purchases made within five (5) calendar days of such notice without penalty, to receive a full refund for services not yet rendered.
18. Entire Agreement:
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.
19. Contact Information:
For any questions or concerns regarding these Terms, please contact Digifianz at help@digifianz.com
20. Consent for Project-Related Communications:
By purchasing a Core HubSpot Implementation, you consent to receive communications from Digifianz regarding your implementation. You may opt out anytime using the unsubscribe link in emails or by contacting us, but we recommend staying opted in for the best experience possible.
21. SLA:
All communications received by the Provider from the Client shall be responded to within eight (8) business hours. The Provider defines their Business Hours as Monday through Friday from 8:00am - 4:00pm EDT, excluding Argentinian National Holidays.
The official communication channel for all project communications is through email exclusively.
For questions, concerns, or issues regarding the Services purchased, the Client should contact Digifianz at help@digifianz.com via email communication.
By proceeding with the Core Implementation, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.
