Legal
Terms & Conditions
These terms cover the use of zivoke.com and the basis on which Zivoke provides Salesforce consulting, implementation, development, integration, managed support, staff augmentation and AI consultation services.
1. Acceptance of these terms
By using zivoke.com, submitting an enquiry, booking a consultation or engaging Zivoke for services, you agree to these Terms & Conditions. If you do not accept them, please do not use the website or our services.
If you are agreeing on behalf of a company or other organization, you confirm that you have authority to bind that organization, and “you” in these terms means that organization.
Where you have a signed proposal, statement of work (SOW), master services agreement or order form with Zivoke, that document takes precedence over these terms for anything it covers. These terms fill the gaps and govern your use of the website.
2. Who we are
Zivoke LLC (“Zivoke”, “we”, “us”) is a Salesforce consulting partner headquartered in New York, with a UK office in London. We provide Salesforce consulting, implementation, integration, custom development, managed support, staff augmentation and AI consultation services.
- Company
- Zivoke LLC
- Address
- 447 Broadway, 2nd FL #198, New York, NY 10013, United States
- info@zivoke.com
- Phone
- +1 (347) 254 7642
3. Using this website
You may use zivoke.com for lawful business purposes: to learn about our services, read our insights and case studies, and contact us. You agree not to:
- Use the site in any way that breaches applicable law or infringes anyone’s rights.
- Attempt to gain unauthorised access to the site, its servers or any connected system.
- Introduce malware, attempt to disrupt the site, or place unreasonable load on it.
- Scrape, copy or systematically extract content for republication, resale or to train a machine-learning model, without our written permission.
- Submit false information, impersonate another person, or use our forms to send unsolicited marketing.
We may suspend or restrict access to the website, or to any part of it, if we reasonably believe it is being misused.
4. Website content
All content on zivoke.com — text, layout, graphics, design, code, case studies, articles and downloads — is owned by Zivoke or licensed to us, and is protected by copyright and other intellectual property rights.
You may view, download and print pages for your own internal business use, provided you keep any copyright notices intact. Any other use, including republication, redistribution or commercial use, requires our written consent.
Our articles, case studies and assessments are provided for general information. They describe work we have done and views we hold at the time of publication, and they are not professional, legal, tax or financial advice. Results described in a case study reflect that client’s circumstances and are not a promise of similar results for you. Before acting on anything you read here, talk to us or to a qualified adviser about your own situation.
5. Trademarks
“Zivoke” and the Zivoke logo are trademarks of Zivoke LLC. Salesforce, Sales Cloud, Service Cloud, Marketing Cloud, Experience Cloud, MuleSoft, Agentforce, AppExchange and related marks are trademarks of Salesforce, Inc.; all other product names, logos and brands mentioned on this site belong to their respective owners. Their use on this site is for identification and descriptive purposes only and does not imply endorsement, affiliation or sponsorship beyond any partner relationship we describe explicitly.
6. Enquiries and free assessments
Submitting a form, booking a consultation or completing the Salesforce Health Check does not create a contract for services. It is an invitation for us to talk.
The Health Check and any other free assessment produce indicative guidance based on the answers you give. They are a starting point for discussion, not an audit of your Salesforce org, and we accept no liability for decisions taken on that basis alone. A proper review is scoped and carried out under an engagement.
Please do not send confidential information, credentials or personal data about third parties through our website forms. Share those securely once an engagement or non-disclosure agreement is in place.
7. Engaging Zivoke
Paid work begins with a written proposal or SOW covering scope, deliverables, timeline, team, commercial model and payment schedule. A contract forms when both parties sign, or when you instruct us in writing to begin work on that basis.
We usually work under one of three models: fixed fee against milestones, time and materials, or a monthly retainer for managed support or dedicated capacity.
Changes to agreed scope, timelines or team are handled through a written change request signed by both sides. Estimates given before a SOW is signed are indicative and not binding.
We provide services with reasonable skill and care, using suitably qualified people. We may use subcontractors or colleagues from our other offices, and we remain responsible for the work they do for you.
8. Your responsibilities
Engagements depend on both sides playing their part. You agree to:
- Provide timely access to the systems, environments, data and people the work requires, including any Salesforce access we need.
- Give accurate information and make decisions and approvals within the timeframes agreed in the SOW.
- Hold the licences and subscriptions the work depends on, including Salesforce licences and any third-party products.
- Maintain your own backups and have a tested rollback position before production changes.
- Ensure you have the right to share any data you give us access to, and to instruct us to process it.
Where a delay, missing approval or lack of access affects the timeline or cost, we will tell you and we may adjust the schedule or fees through a change request.
9. Fees, invoicing and taxes
- Fees, rates, currency and the invoicing schedule are set out in your SOW.
- Payment terms are stated on each invoice. Amounts are exclusive of VAT, sales tax and other applicable taxes unless stated otherwise.
- Reasonable pre-approved expenses, such as travel agreed in writing, are invoiced at cost.
- Query an invoice within 10 business days of receipt and we will review it with you before it falls due.
- We may suspend work on undisputed invoices that remain unpaid after written notice, and may charge interest on late payment where the SOW or applicable law allows.
Cancellations, notice periods and when a refund applies are covered on our Refunds & Cancellations page.
10. Intellectual property in deliverables
- Your deliverables. On full payment of the fees for the relevant work, you own the configuration, custom code and documentation we create specifically for you under a SOW.
- Our background IP. We keep ownership of everything we bring to the engagement or develop generally — methods, frameworks, accelerators, templates, tooling and know-how — and we grant you a non-exclusive, perpetual licence to use it as part of your deliverables.
- Third-party components. Salesforce features, AppExchange products and open-source components remain subject to their own licences and terms.
- Experience. Nothing stops us using the general skills, experience and know-how gained during an engagement on other work, provided we protect your confidential information.
- Publicity. We will not name you as a client, publish a case study or use your logo without your written approval.
11. Confidentiality
Each party will keep the other’s confidential information in confidence, use it only for the engagement, share it only with people who need it and who are under similar obligations, and protect it with reasonable care. These obligations continue after the engagement ends and do not apply to information that is public through no breach, already known, independently developed, or required to be disclosed by law or a regulator.
Where you have a separate non-disclosure agreement with us, that agreement applies in addition to this section.
12. Data protection
Our Privacy Policy explains what personal information we collect and how we handle it. Where we access personal data inside your systems during an engagement, you remain the controller and we act as a processor or service provider on your documented instructions, under the applicable agreement or data processing addendum. We can provide our standard data processing addendum on request.
13. Third-party platforms
Our services are delivered on platforms and products supplied by third parties, principally Salesforce. Those products are licensed to you directly by their vendors under their own terms, pricing and service levels. We are not responsible for vendor availability, platform releases, product changes, defects or pricing decisions, and any warranty or support for those products comes from the vendor. Where a platform change affects delivered work, remediation is handled as new work under a change request.
The website links to third-party sites for convenience. We do not control them and are not responsible for their content.
14. Warranties and disclaimers
We warrant that services will be performed with reasonable skill and care, in line with the SOW, by people with appropriate expertise. If a deliverable does not meet what was agreed, tell us within 15 business days of delivery and we will rework it at our cost, as described on our Refunds & Cancellations page. That rework is your primary remedy.
Beyond that warranty, and to the extent the law allows, we do not give any other warranty about the services, and we do not warrant any particular business outcome, revenue result, adoption rate or return on investment.
The website is provided “as is” and “as available”. We do not guarantee that it will be uninterrupted, error-free or free of harmful components, and we may change or withdraw any part of it at any time.
15. Limitation of liability
Nothing in these terms limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or anything else that cannot be limited by law.
Subject to that, and to the extent permitted by law:
- Neither party is liable for indirect or consequential loss, loss of profit, revenue, anticipated savings, goodwill, business opportunity, or loss or corruption of data where the other party has not maintained reasonable backups.
- Our total liability arising out of or in connection with an engagement is limited to the fees you paid us for that engagement in the 12 months before the event giving rise to the claim.
- Our total liability in connection with your use of the website, where there is no engagement, is limited to USD 100.
Each party will take reasonable steps to mitigate its losses. Claims must be brought within 12 months of the date you became aware, or reasonably should have become aware, of the circumstances giving rise to them.
16. Term and termination
These terms apply while you use the website and for as long as we have an active engagement with you.
Either party may end an engagement in line with the notice period in the SOW — commonly 30 days for ongoing services — or immediately on written notice if the other party commits a material breach that is not fixed within 15 business days of being notified, or becomes insolvent.
On termination you remain responsible for work performed and approved expenses incurred up to the end date, we hand over documentation, configuration notes and access, and any access we hold to your systems is removed. Sections that are meant to survive — confidentiality, intellectual property, liability, governing law — continue to apply.
17. Non-solicitation
During an engagement and for 12 months afterwards, neither party will directly solicit for employment any individual of the other party who was materially involved in the engagement, without the other party’s written consent. This does not prevent general recruitment advertising that is not targeted at those individuals.
18. Events outside our control
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural events, war, terrorism, civil unrest, epidemic, industrial action, failure of public networks, cloud platform or utility outages, or government action. The affected party will notify the other promptly and both will work in good faith to limit the impact. If the event continues for more than 60 days, either party may end the affected engagement on written notice.
19. Governing law
Unless your signed agreement says otherwise, these terms and any dispute arising from them are governed by the laws of the State of New York, United States, without regard to its conflict-of-law rules, and the state and federal courts located in New York County, New York have exclusive jurisdiction. Engagements contracted through our UK office may specify the laws of England and Wales in the SOW.
Before starting proceedings, both parties agree to raise the issue with the other’s day-to-day contact and then, if needed, with senior representatives, and to try in good faith to resolve it within 30 days.
20. Changes to these terms
We may update these terms as our services and legal obligations change. The effective date at the top of this page shows the current version, and the version in force when you use the website or enter an engagement is the one that applies. Changes do not alter the commercial terms of an agreement already signed.
If any provision is found unenforceable, the rest remains in force. A delay in enforcing a right is not a waiver of it. These terms, together with any signed agreement, form the entire agreement between us on their subject matter.
21. Contact us
Questions about these terms, or about an engagement? Get in touch and we will point you to the right person.
- info@zivoke.com
- Phone
- +1 (347) 254 7642
- Post
- Zivoke LLC, 447 Broadway, 2nd FL #198, New York, NY 10013, United States
Planning an engagement?
We will walk you through scope, commercial model and governance before anything is signed, and we can share our standard agreement, data processing addendum and security overview on request.
