Salesfolks, Inc. - Terms of Service

Last Updated: May 14, 2024

1. Acceptance of Terms

Welcome to Salesfolks.com, a platform provided by Salesfolks, Inc. ("we," "us," or "our"). By accessing or using our website and services ("the Platform"), you agree to comply with and be bound by the terms and conditions outlined in this Terms of Service agreement ("Agreement"). Your use of this website also constitutes your agreement to these Website Terms of Service. The effective date of these Website Terms of Service is January 5, 2024. By using this website, you agree to comply with and be bound by the terms and conditions outlined in this Agreement.

2. Changes to Terms

We reserve the right to modify or update these terms at any time. By using this website, you agree to the most current version of the Website Terms of Service and any future changes. We encourage you to visit this page periodically to review the Website Terms of Service.

3. Website Content and Limits on Use

Salesfolks.com is a two-sided platform that connects sales and revenue leaders at companies with independent sales contractors. The service includes features for finding, interviewing, contracting, hiring, managing, training, and compensating flexible sales teams.

3.1 As-Is Service: Salesfolks, Inc. provides the Platform "as-is" without any warranty. Users acknowledge that the Platform is a marketplace facilitating connections and transactions between sales teams and companies.

3.2 No Guarantee: We make no guarantee regarding the accuracy, timeliness, or performance of the Platform. Users acknowledge that the use of the Platform is at their own risk.

4. User Eligibility

By using the Platform, you affirm that you are at least 18 years old and capable of entering into a legally binding agreement. If you are accessing the Platform on behalf of an entity, you confirm that you have the authority to bind that entity to this Agreement.

5. Registration and User Accounts

5.1 Account Creation: Users may need to create an account to access certain features of the Platform. You agree to provide accurate, current, and complete information during the registration process.

5.2 Account Security: You are responsible for maintaining the security of your account credentials. Notify us immediately of any unauthorized use or security breach.

6. Retainer & Commission Structure

For companies using the Platform to find, hire, and manage sales teams, Salesfolks supports a hybrid model involving monthly retainers and commissions based on a percentage of sales or a flat rate per sale. All monthly retainers paid to any sales team must be $1,000 or more per month. Any commission structure must be no less than 5% straight commission or $5 per sale. Salesfolks does NOT support commission-only relationships. If you are found to be soliciting salespeople or sales teams on the platform to provide commission-only sales without offering the minimum monthly retainer, your Sales Opportunity Posting and account will be removed and you may be banned from using Salesfolks in the future.

7. Sales Representative Agreement (SRA)

The relationship between a company and its flexible sales team is governed by the Sales Representative Agreement (SRA). The company or sales team can cancel the SRA with a 30-day notice, but not while there are outstanding Sales Transactions for review, outstanding or unpaid.
Upon signing the SRA, and until such time as the agreement is cancelled, the company will be charged a monthly retainer payment, plus Salesfolks service fees.

8. Sales Transaction Review

Companies have five (5) days to review and approve or reject submitted Sales Transactions. Failure to act within this timeframe results in automatic approval and ensuing charges to the form of payment on record.

9. Financial Transactions and Chargebacks

All retainers and commissions are the responsibility of the company. Salesfolks handles financial transactions, and the company agrees not to instigate chargebacks for transactions subject to retainers or commissions as agreed to in the SRA.

10. Contractor Relationship

Salesfolks does not employ or manage sales contractors; it facilitates relationships between sales teams and companies. The platform generates and stores 1099s for tax compliance as part of the service.

11. Sales Team Leader Responsibilities

Sales Team Leaders can create, grow, and terminate sales teams. However, termination requires 30 days' notice to the Company and all Sales Team Members, ensuring no uncompensated transactions.

12. Flexible Sales Teams

A Flexible Sales Team, as facilitated by Salesfolks, consists of independent, often remote, and cloud-based salespeople who collaborate as a team to produce sales for client businesses. This model allows for agility, scalability, and diverse skill sets within the sales force. These are not employees of Salesfolks, Inc. Each salesperson using Salesfolks does so as an independent contractor. At no time are they an employee of any business using Salesfolks.

13. Recruitment Fees

Salesfolks has invested heavily in providing a valuable service to companies, Sales Leaders and Salespeople. Salesfolks helps to connect businesses with independent sales contractors (1099). Salesfolks, Inc. prohibits the use of the service for soliciting and/or recruiting salespeople outside of the platform. Any violation of this rule may result in immediate banning of the account conducting such activity. This policy includes Companies, Sales Leaders, and Salespeople, as well as others who may use the service, such as Hiring Managers, Recruiting Firms and Recruiters, and others. No warnings may be provided for a violation of this policy. This policy exists for many reasons beyond the economic interest of Salesfolks, including the fact that when relationships are taken offline from the platform and if/when things don't turn out well, we are not able to help put things straight. So, when you sign up for Salesfolks, you are committing to use the platform, and you acknowledge that taking a relationship started on platform off of the platform may be a violation of our Terms of Service.

And therefore, to protect our business model, any company wishing to hire from Salesfolks.com agrees to approach Salesfolks.com in advance via the email address [email protected] and pay Salesfolks, Inc. a one-time recruiting fee of $5,000 per salesperson or $20,000 per Sales Team. This fee is in place as a fair and simple economic exchange between the Company and Salesfolks, Inc. when the situation arises where the company wants to convert a relationship formed via Salesfolks.com to an offline relationship (i.e. conversion to permanent employment, e.g. W-2).

14. Technical Interruptions

There are no warranties, guarantees, or SLAs (service level agreements) that the Salesfolks.com platform will be available and working at all times. Websites often face DoS (Denial of Service) and other attacks, and technical, software, and scaling issues can occur, causing interruptions or preventing access to a website, application, and platform. This may happen to Salesfolks.com.

15. Liability for Technical Issues

Salesfolks, Inc. is not liable for any damages or losses resulting from technical interruptions, including but not limited to denial of service attacks, software issues, or scaling problems.

16. No Misleading Profiles

Salesfolks has gone to great lengths to develop a trusted platform. Therefore, we do not allow users who are impersonating others, developing an untrue or inauthentic personality or persona, using pseudonyms such as made up, fake or fictitious names, or attempts to misdirect or mislead another user in any way, shape or form. Doing so is grounds for immediate termination of your Salesfolks account.

17. Right to Remove Sales Opportunity Postings

Salesfolks enables businesses to describe specific sales roles and sales objectives and publish to our community Sales Opportunity Postings. We fully understand that virtually every type of business is interested in growing their sales, and we respect that. However, not all Sales Opportunity Postings may be right for our community. There can be many reasons for this, including, but not limited to, a confusing Sales Opportunity Posting, a Sales Opportunity Posting lacking inadequate description, a Sales Opportunity Posting lacking clear articulation of a pathway for salespeople and sales teams to generate income by way of conducting sales, Sales Opportunity Postings that are construed as political, offensive, dishonest, or in any way that doesn't add a meaningful opportunity to the Salesfolks community. We fully understand that this may be frustrating if you create a Sales Opportunity Posting on Salesfolks and it remains unpublished or is removed from our index of available Sales Opportunities. We wish you the best, but your Sales Opportunity just didn't meet our standards.

18. Limit of Liability

SALESFOLKS IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, AND ALL CONTENT IS TO STOP USING THE WEBSITE AND CONTENT. IN ADDITION, IF FOR ANY REASON ALL OR PART OF THE FOREGOING LIMITATIONS ARE DEEMED INVALID, OUR MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE WILL BE ONE HUNDRED DOLLARS ($100.00). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

19. Immunity Under Section 230

Section 230 of Title 47 of the United States Code enacted as part of the United States Communications Decency Act generally provides immunity for website platforms with respect to third-party content. Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users. Specifically, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider”. Section 230(c)(2) further provides "Good Samaritan" protection from civil liability for operators of interactive computer services in the good faith removal or moderation of third-party material they deem "obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

20. Miscellaneous

Unless otherwise specified, this website and the content thereof are displayed solely for the purpose of providing our products and services. This Agreement will be construed in accordance with the laws of the State of Washington, without regard to any conflict of law provisions. Any dispute arising under this Agreement may be resolved exclusively by the state and/or federal courts of the State of Washington. You agree and submit to the jurisdiction and venue of such courts. You agree that in the event you have or may have any alleged claim against Salesfolks or any of our vendors or licensors, you will pursue such claim only in your individual capacity, and you will not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Website Terms of Service and that you are not eligible to receive, and may not seek, and you agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website and/or your breach of these Website Terms of Service, including attorneys’ fees. If any provision of these Website Terms of Service is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Our failure to act with respect to any failure by you or to others to comply with these Website Terms of Service does not waive our right to act with respect to subsequent or similar failures.

21. Changes to Terms

Salesfolks, Inc. reserves the right to modify or update these terms. Users will be notified of changes, and continued use of the Platform after notification implies acceptance of the updated terms.

22. Termination of Service

We reserve the right to terminate or suspend access to the Platform for any reason, including a breach of this Agreement.

23. Governing Law

This Agreement is governed by the laws of the State of Washington, King County, United State of America and any disputes shall be resolved in accordance with these laws. By using Salesfolks.com, you agree to abide by these terms. If you have any questions or concerns, please contact us at [email protected]