Last Updated: February 11, 2024

These Terms of Service (hereinafter “Agreement”) apply to all contracts between Herco Business Solutions (hereinafter “Company”, “we”, “our”, or “us”) and our clients (hereinafter “Client” or “you”). The Parties agree to the terms set forth below.

1. Service Description:

1.1 Scope of Services:

• We manage your tech within the platforms listed on the sales page or previously discussed.
• Services include troubleshooting, integrations, and automations.
• Work is delivered based on tasks shared in a Trello board.
• Only one request is processed at a time.
• Services exclude copywriting, design, marketing strategy, and full Dubsado setups.
• We reserve the right to break down large requests into smaller tasks.

1.2 Subscription Plans:

Choose the plan that best suits your needs:

• Essentials Plan: Unlimited requests, unlimited revisions, 48-hour turnaround, cancel anytime.
• ELITE LAUNCH PARTNER: Includes Essentials features plus prioritized support (12-hour turnaround for marked priorities).

1.3 Pausing and Cancelling your account:

You have the flexibility to Pause or Cancel your account at any time.

• Pausing Your Account: When you choose to pause your account, your subscription price remains unchanged upon resuming service. A subscription can be paused for a maximum of 12 months, after which it will be automatically canceled.

• Cancelling Your Account: Upon cancellation, we will continue providing services until the end of the current billing cycle, with no further charges applied thereafter. Should you wish to re-activate your subscription, please note that the monthly price may vary from your previous subscription.

• Billing Cycle: Our billing cycles operate on a 31-day period for accurate account management and invoicing.

2. Client Responsibilities:

• Utilization of Subscription Benefits: Your subscription grants you access to our ongoing tech support and expertise. To fully utilize these benefits, you agree to actively submit requests for us to work on. Please note that refunds cannot be issued for unused portions of an active subscription period due to a lack of task submission.
• Content and Access: Client will provide all documents, descriptions, login information, questionnaire responses, and any other content and assets needed for successful performance of the Services (the “Client Materials”). Client must provide Client Materials on a timely basis so as not to delay Herco Business Solutions’s successful performance of the Services. 
• Providing Accurate Information: You agree to provide accurate and complete information about your systems and requirements for us to perform our services effectively.
• Timely Communication: We prioritize clear and timely communication. You agree to respond to our inquiries within 48 working hours to maintain project momentum and meet turnaround times.
• System Access and Passwords: When necessary, you will grant secure access to your systems using LastPass or adding us as a user. It’s your responsibility to revoke our access upon service completion.

Herco Business Solutions is not responsible or liable for any delay or failure of performance caused in any way by Client’s delay in performing, or failure to perform, any of Client’s obligations under this Agreement. 

3. Service Delivery:

3.1 Turnaround Time:

We strive to deliver most tasks within 48 working hours for Essentials and 12 hours for priority tasks in the ELITE plans. However, please understand that turnaround times can vary depending on factors like workload, request complexity, and communication efficiency. We will communicate any significant delays promptly.

3.2 Planned Vacations:

We value transparency and will notify you at least 14 days in advance of planned vacations that might impact your service. Your account will be paused during this period and resumed upon our return. Ongoing tasks will be continued seamlessly upon notification.

3.3 Unforeseen Circumstances:

In rare cases of unforeseen circumstances like illness or urgent personal matters, we may need to pause your service. If this occurs, we will:

• Notify you immediately of the delay and its potential impact.
• Pause your account until service resumes.
• Resume work and notify you when tasks can continue.

4. Communication Channels:

We primarily utilize the Trello board for communication to ensure clarity and efficiency. All communication will be asynchronous via the Trello board. In specific situations, communication may occur via email at julie@hercosolutions.com or via Voxer.

5. Request Process:

Submit your requests clearly and concisely on the Trello board, one request per card. Requests are generally processed in queue order unless marked as a priority (ELITE plan). You can adjust the card order within the queue as needed.

6. Intellectual Property:

• You retain ownership of all underlying intellectual property submitted to us for service requests.
• We retain ownership of any intellectual property developed by us specifically for your service.

7. Limitations of Liability:

We strive to deliver exceptional service, but we cannot guarantee complete elimination of all technical issues or predict unforeseen circumstances beyond our control. We are not liable for delays or failure to complete tasks due to factors outside our reasonable control, such as platform issues or your own hardware/software limitations. You agree to use the service within its intended purpose and acknowledge that you are ultimately responsible for the security and functionality of your own systems.

8. Term and Termination:

This Agreement is effective upon your subscription and continues until terminated. You may cancel your subscription at any time, but service continues until the end of your billing period. We may terminate this Agreement for cause, including violation of its terms or non-payment.

9. Governing Law:

This Agreement is governed by and construed in accordance with the laws of Israel.

10. Additional Notes:

We reserve the right to modify these terms and conditions at any time. We will notify you of any changes via email or by posting the updated terms on our website. Your continued use of the service after such changes constitutes your acceptance of the new terms.

11. Limitations of Liability: Third-Party Platform Issues

While we strive to deliver seamless technical support, please understand that we rely on various tools and platforms to perform our services. While we maintain regular monitoring and updates, unforeseen glitches or technical issues within these third-party platforms can occasionally occur, potentially impacting functionality or causing delays. Unfortunately, such issues are outside our direct control and cannot be fully prevented.

Therefore, we cannot be held liable for any loss, damage, or inconvenience arising from technical issues or glitches experienced within the platforms we utilize. We aim to work promptly with platform providers to resolve any issues that may arise and will keep you informed throughout the process.

However, we cannot guarantee specific resolution timelines or outcomes, as they depend on the platform’s own technical capacities and response times.

By subscribing to our service, you acknowledge and agree to these limitations and accept that technical issues beyond our reasonable control may occasionally impact service delivery.

12. Confidentiality

12.1 Confidential Information in General. All non-public, internal information pertaining to Client is considered “Confidential Information.” Information is not deemed confidential, and Herco Business Solutions has no obligation with respect to any such information if that information is:

•  already otherwise known to Herco Business Solutions or is or becomes freely and generally available to the public through no wrongful act of Herco Business Solutions;
• is rightfully received by Herco Business Solutions from a third party without similar contractual restrictions and without breach of this Agreement;
• is approved for release by prior written authorization of Client; or
• was ordered to be publicly released by the requirement of a government agency.

12.2 Herco Business Solutions’s Obligations. Except as otherwise required by law, Herco Business Solutions will keep all Confidential Information provided by Client or accessed by Herco Business Solutions during performance of the Services confidential. Herco Business Solutions will not disclose such information to any third party without Client’s written consent, except i) as required by law; and/or ii) to an applicable request by a court or governmental agencies in connection with any investigation or pending legal matter.

12.3 Client’s Systems. Access to computer systems and/or passwords (each, a “Client System”) may become necessary for Herco Business Solutions’s performance of the Services. As a condition of receiving permission to access any Client System, Herco Business Solutions agrees that: 

• Herco Business Solutions will not disclose any sign-on codes or passwords provided or used during the course of performing Herco Business Solutions’s Services to anyone or allow anyone to access a Client System using such sign-on codes or passwords without Client’s prior written consent; and
• Herco Business Solutions will not leave a Client System unattended while signed in. 

13. Relationship of the Parties; Exclusivity. 

Herco Business Solutions is an independent contractor for Client, and this Agreement will not be construed as creating an employer/employee agency, partnership, or joint venture relationship between Herco Business Solutions and Client.  The Services will be performed solely on the basis that Herco Business Solutions is an independent contractor. Herco Business Solutions acknowledges that Herco Business Solutions will not receive or have rights to any employment rights or benefits including, but not limited to, health insurance, pension, vacation, or sick pay. Herco Business Solutions is solely responsible for payment of taxes owed on any Compensation, and Client is not obligated to withhold any taxes from payments to Herco Business Solutions. The relationship between Herco Business Solutions and Client is non-exclusive. In other words, Herco Business Solutions may solicit and take on work outside of Client’s engagement of Herco Business Solutions.