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Terms and Conditions

Effective Date: June 1st, 2026​

 

These Terms and Conditions (“Terms”) govern your access to and use of the website www.5thcc.com (the “Site”) and the Salesforce consulting, implementation, training, integration, and related professional services (collectively, the “Services”) provided by 5th Concerto Consulting LLC (“5thCC,” “we,” “us,” or “our”), a New Jersey limited liability company.​By accessing the Site or engaging our Services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1. Acceptance of Terms

By accessing this website or signing a Statement of Work with 5th Concerto Consulting LLC, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and Conditions.

2. Description of Services

We provide Salesforce platform consulting, customization, data migration, integration, training, support, and optimization services as described in a separate Statement of Work (“SOW”), Proposal, or Service Agreement (collectively, “Agreement”).

 

​The specific scope, deliverables, timeline, and fees will be set forth in the applicable Agreement, which is incorporated by reference into these Terms. In the event of any conflict between an Agreement and these Terms, the Agreement shall prevail.

3. Salesforce and Third-Party Platforms

Our services involve the use of Salesforce and third-party applications. Clients are responsible for maintaining active, compliant licenses and subscriptions with these platform providers.

4. Client Responsibilities

You agree to:

  • Provide timely access to your Salesforce org(s), systems, data, and personnel as reasonably required.

  • Ensure all information and materials supplied to us are accurate and complete.

  • Obtain all necessary consents and authorizations for data processing and third-party integrations.

  • Designate a primary point of contact for project communications.

  • Comply with all applicable laws, including data privacy regulations (e.g., GDPR, CCPA) and Salesforce’s terms of service. Failure to meet these responsibilities may result in project delays, additional fees, or termination of the Agreement.

5. Fees and Payment

  • Fees: All fees are quoted in U.S. Dollars and are non-refundable unless otherwise stated in the Agreement.

  • Invoices: Payment is due upon receipt of the invoice unless otherwise agreed.

  • Expenses: Reasonable travel and out-of-pocket expenses will be billed as incurred if pre-approved.

  • Late Payments: Past-due amounts accrue interest at 1.5% per month (or the maximum rate permitted by law).

  • Taxes: You are responsible for all sales, use, VAT, and similar taxes; we will itemize them on invoices.

6. Confidentiality

Each party agrees to maintain the confidentiality of the other party’s non-public information disclosed during the engagement and to use it only for performing or receiving the Services. This obligation survives termination of the Agreement for three (3) years (or indefinitely for trade secrets).

7. Data Protection

You remain the data controller of your Salesforce data. We act as a data processor and will process data only as instructed by you and in accordance with applicable data protection laws. We implement reasonable administrative, technical, and physical safeguards to protect data under our control.

8. Intellectual Property
  • Our Pre-Existing IP: We retain all rights to our methodologies, templates, tools, documentation, and other pre-existing intellectual property.
  • Deliverables: Upon full payment, we grant you a perpetual, non-exclusive, non-transferable license to use the custom deliverables created specifically for you under the Agreement for your internal business purposes.
  • Salesforce Platform: All rights in the Salesforce platform, AppExchange packages, and third-party tools remain with their respective owners. You are solely responsible for your compliance with Salesforce’s licensing and usage terms.
9. Warranties and Disclaimers

We warrant that we will perform the Services in a professional manner consistent with industry standards. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee that your Salesforce implementation will be error-free, achieve specific business outcomes, or remain uninterrupted.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION), EVEN IF ADVISED OF THE POSSIBILITY.​OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR ANY AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless 5thCC, our officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:

  • Your breach of these Terms or any Agreement.

  • Your misuse of the Services or Deliverables.

  • Any third-party claims related to your data or business operations.

12. Changes to Services

We reserve the right to modify or discontinue any part of our consulting services with reasonable notice. Changes to active projects will be managed through mutual agreement.

13. Termination

Either party may terminate an Agreement for material breach if the breach is not cured within 30 days of written notice. We may suspend Services immediately if you fail to pay undisputed invoices. Upon termination, you shall pay for all Services performed up to the termination date.

14. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflict of law principles.

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