TERMS AND CONDITIONS FOR SUPPORT SUBSCRIPTIONS
1. Introduction:
These Terms and Conditions ("Agreement") govern the ongoing Support Subscription services ("Services") provided by Digifianz ("Provider") to the client ("Client"). By purchasing a Support Subscription, the Client agrees to comply with and be bound by this Agreement.
2. Scope of Services:
Provider will deliver the following Services on a recurring monthly basis:
– Up to 5, 15, or 30 hours, depending on the subscription purchased, of hands-on support and strategic guidance from a dedicated consultant.
– Support may include setup and optimization of Marketing, Sales, and Service Hubs; reporting configuration; workflow automation; campaign execution; buyer’s journey mapping; and tailored team training.
– Services are scheduled and executed based on available hours and team availability.
– Unused hours do not roll over and will expire at the end of each billing cycle.
3. Integrations and custom development:
Support subscriptions 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.
We may however, as part of a Support Subscription, assist The Client in incorporating a Native Integration from the HubSpot App Marketplace or configure The Client’s HubSpot account with a future custom integration in mind. Any and all work completed on these tasks is considered as The Client’s willing use of included Support hours detailed in Section 2, Scope of Services. Additional team hours will not be added for completion of these tasks in a Support Subscription unless they are paid as part of another service.
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 our team within a custom development project. 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 Support Subscription.
4. Scheduling and Rescheduling:
A. Kickoff calls: The kickoff call will be scheduled by the Client through a HubSpot Meeting Scheduling Page that provides all availability for our team. 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 implementation consultant.
B. Scheduling project calls: Provider and Client will mutually agree on the schedule for subsequent project calls, subject to the availability of their implementation consultant.
C. Rescheduling: If the Client needs to reschedule a call, they must notify their implementation consultant at the earliest convenience. Same-day or next-day availability cannot be guaranteed.
5. Client Responsibilities:
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.
6. Payment Terms:
This is a prepaid, non-refundable monthly subscription. Payments are automatically collected once per calendar month on the Client's Billing Date through HubSpot Subscriptions until canceled. If payment is not received, service access may be paused until resolved.
7. 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.
8. Intellectual Property:
All content, including information, data, software, photographs, graphics, video, typefaces, music, sounds and other materials are protected by copyrights, trademarks, patents or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. You may not remove or modify any copyright, trademark or other proprietary notice. You may not copy, modify, remove, delete, augment, add to, publish, transmit, any of the materials and services, in whole or in part. The Digifianz logo is the property of its respective owners and may not be reproduced, copied or manipulated in any way without the express written approval of the trademark owner.
9. 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.
10. Termination:
A. By 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. Intent to cancel shall be expressed by the Client with at least three (3) business days’ notice before the renewal date in an email to their consultant or to help@digifianz.com.
B. By 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.
11. Limitation of Liability
Provider’s liability under this Agreement is limited to the amount paid by the Client for the Services. Provider shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the Services.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Florida in the United States.
13. 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. It is your responsibility to review these Terms periodically for any changes. Your continued use of our services following the posting of any changes to these Terms constitutes acceptance of those changes.
14. 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.
15. Contact Information
For any questions or concerns regarding these terms, please contact Digifianz at help@digifianz.com
16. Consent for Project-Related Communications
By purchasing a Support Subscription, 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.
By proceeding with the Support Subscription, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.
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