CloseRocket's terms and conditions - sales persons
1.1 The following terms and conditions (“Terms and Conditions”), govern your access to and use of the CloseRocket website and mobile application, including any content, functionality and services offered on or through www.closerocket.com CloseRocket (the “Site”) by Deal machine s. r. o., with its registered seat at Hlboká cesta 1418/42, 010 01 Žilina, Slovak Republic, Identification No.: 55 209 971, registered with the Commercial Register of District Court Žilina, Section: Sro, Insert No.: 81291/L, as applicable (“CloseRocket” “we” or “us”). The definitions “you” or “user” mean you as a user of the Site.
1.3 This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18, you are not permitted to use the Site or the CloseRocket services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
1.4 Our Customer Support team is available if you have any questions regarding the Site or Terms and Conditions. Contacting our Customer Support team can be performed by submitting a request to the e-mail address: firstname.lastname@example.org.
1.5 The original language of these Terms and Conditions, as well as all other texts throughout the Site, is English. CloseRocket makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version prevails.
1.6 CloseRocket is a platform tailor-made for all – startups, middle sized firms, larger teams and businesses. Sales Persons on the CloseRocket catalogue are required to comply with certain professional standards. Eligible Sales Persons who are included in the CloseRocket catalogue will be regularly evaluated by CloseRocket to ensure their high-quality professionalism is kept. CloseRocket reserves the right to remove Sales Persons from the CloseRocket catalogue.
2 KEY TERMS
2.1 Account means a profile of both Sales Persons and Companies which they create by filling in a form on the Site and agreeing to these Terms and Conditions and which consists of all the information needed for matching the Sales Persons with Companies.
2.2 Companies are users who purchase services on the Site.
2.3 Database is a database of people maintained in Pipedrive (or alike) that the Company shares with CloseRocket duly (in compliance with law) for the purpose of sharing the Database with the Sales Persons to complete the Sales Cycle.
2.4 Orders are the formal agreements between a Company and CloseRocket after (a) the Company completes order form on the Site and (b) the Sales Persons, dedicated by CloseRocket has confirmed an interest to work for particular Company.
2.5 Sales Cycle means set of services ordered by the Company and performed by CloseRocket (ultimately by matched Sales Person) under Clause 5.5 of these Terms and Conditions.
2.6 Sales Person is user who offers and performs services through the Site.
2.7 Sales Strategy means a tailor-made strategy based on which the Sales Cycles are being performed and which is defined in Clause 5.4 of these Terms and Conditions.
2.8 Stripe Connect is a platform used by CloseRocket to pay revenues to Sales Persons and receive payments from Companies.
3 OVERVIEW (MAIN TERMS, IN A NUTSHELL)
3.1 Only registered users may use the Site. Registration is free. In registering for an Account, you agree to provide us with accurate, complete and updated information and must not create an Account for fraudulent or misleading purposes. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account.
3.2 Companies pay CloseRocket in advance to create an Order.
3.3 Sales Persons must fulfil their Sales Cycles ordered by the Companies.
3.4 When placing an Order, Companies are granted all rights for the delivered work, unless otherwise specified by CloseRocket.
4 ACCOUNT CREATION AND OBLIGATIONS
4.1 You will create an Account on the Site, providing accurate and up-to-date information about your skills, experience, and availability.
4.2 After you create an Account on the Site, you are obliged to read our learning materials. You are obliged to check the box in your Account to confirm you read, understood and agree with the learning materials.
4.3 You agree to represent CloseRocket professionally and ethically, maintaining confidentiality about Company information and promoting a positive image of CloseRocket.
4.4 You understand and acknowledge that CloseRocket retains a percentage of amount paid by the Company as compensation for connecting you with Companies.
4.5 You represent and warrant that you are legally entitled to provide services which consist mainly of completing the Sales Cycle. You represent and warrant that you have a registered trade licence in compliance with the laws of registration.
4.6 Sales Persons are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
4.7 CloseRocket reserves the right to put any Account on hold or permanently disable Accounts due to breach of these Terms and Conditions or due to any illegal or inappropriate use of the Site or services.
4.8 Violation of CloseRocket’s Terms and Conditions may get your Account disabled permanently.
4.9 Users with disabled Accounts will not be able to provide, sell or buy on CloseRocket.
4.10 Users who have violated our Terms and Conditions and had their Account disabled may contact our Customer Support team for more information surrounding the violation and status of the Account.
4.11 Users must be able to verify their Account ownership through Customer Support by providing materials that prove ownership of that Account.
5 SALES CYCLE
5.1 After the Sales Person registers on the Site, CloseRocket will match the Sales Persons with Companies. CloseRocket informs Sales Person about matching them with Company. The Sales Person is obliged to confirm or deny the matching within 2 business days.
5.2 After confirming the matching, Sales Persons are obliged to complete a Sales Cycle in Order to be eligible for remuneration from CloseRocket. Once the Sales Cycle is duly completed, the Sales Persons will receive remuneration in accordance with the payment terms described in Clause 6 below.
5.3 Sales Persons are obliged to complete a Sales Cycle with due care, professionally and according to business standards. The performance and completion of Sales Cycle does not constitute a relationship of a sales representative according to Section 652 et seq. of the Act No. 513/1991 Zb, Commercial Code, as amended.
5.4 Sales Persons are obliged to complete the Sales Cycles within the strategy and under the conditions set out in the Sales Strategy provided to them by CloseRocket. Sales Person acknowledges that there are two different types of Sales Strategies: (i) Basic Sales Strategy; and (ii) Pro Sales Strategy. The Sales Strategy that the Sales Person is obliged to follow depends on the choice of the Company and will be provided to the Sales Person by CloseRocket.
5.5 The Sales Cycle is duly completed if the Sales Person completes mainly the following tasks every calendar month:
5.5.1 send e-mails to the e-mail addresses in the Database by the 5the day of corresponding month;
5.5.2 call the phone numbers in the Database by the 10th day of corresponding month;
5.5.3 attend the set-out minimum of meetings in one month, where the minimum number of meetings depends on the programme chosen by the Company (5 or 8);
5.5.4 send a follow-up e-mail to the email addresses in the Database two times per the corresponding month.
5.6 The Sales Cycle is duly completed, after the Sales Persons delivers a report about completion of all steps described in the detailed Sales Cycle delivered to the Sales Person pursuant to point 5.5 above and CloseRocket confirms in writing that all the necessary steps were duly completed (Sales Cycle Completion”).
5.7 Any breach of the Sales Cycle Complete under point 5.5 above will result in contractual penalty of EUR 2,000 payable to CloseRocket within 30 calendar days of such breach. For these purposes, CloseRocket will issue an invoice to the Sales Person. The Sales Person is also obliged to pay for any damages caused to CloseRocket as a result of breaching this provision that are above the amount of contractual penalty.
5.8 If the Company is not satisfied with the performance of the matched Sales Persons, the Company may ask CloseRocket to change the Sales Persons. The Company and Sales Person acknowledge that the matching happens on the 15th day of each calendar month and is effective from the beginning of the next calendar month after matching.
6 REMUNERATION AND BONUS
6.1 Sales Persons are entitled to remuneration on a monthly basis after the Sales Cycle Completion in the amount that is approved by the Sales Persons when they accept the matching in accordance with point 5.1 of these Terms and Conditions (the “Remuneration”).
6.2 On top of Remuneration, Sales Persons are entitled to a bonus from sold products based on the amount agreed between CloseRocket and their Companies. CloseRocket is obliged to inform the Sales Persons in writing about the amount of this renumeration, without undue delay after agreeing with the Company (the “Bonus”).
6.3 The Remuneration and Bonus will be paid to the Sales Persons on a monthly basis via Stripe Connect and based on an invoice issued to CloseRocket by Sales Persons, after the Sales Cycle Completion.
6.4 The Bonus cannot be paid sooner, then after the Company confirms that the payment from sold products was received by the Company. The Company is obliged to confirm the receipt of payment for sold products within 3 days of its receipt.
6.5 The Remuneration paid to the Sales Persons under this Article will be reduced by:
6.5.1 the fees connected to using Stripe Connect as a payment platform.
6.6 Each Sale Person’s invoice issued under these Terms and Conditions will be mature within 15 days of its delivery to CloseRocket. Each invoice will contain the essentials required by the respective legal regulations. Should any invoice lack any of such essentials, CloseRocket will be entitled to return it to the Sales Person in order to be correctedꓼ in such a case, the maturity period will commence to lapse only after delivery of the corrected invoice to CloseRocket.
6.7 Sales Persons may not offer or accept payments directly or indirectly using any method other than through the Site. Any breach of this provision will result in contractual penalty of EUR 2,000 payable to CloseRocket within 30 calendar days of such breach. For these purposes, CloseRocket will issue an invoice to the Sales Person. The Sales Person is also obliged to pay for any damages caused to CloseRocket as a result of breaching this provision that are above the amount of contractual penalty.
7 NON-COMPETE AND NON-SOLICITATION
7.1 You agree that during the term of this Agreement and for a period of one year thereafter, you will not directly or indirectly compete with CloseRocket or solicit its Companies or engage in any contractual or non-contractual business relationship of the same nature as CloseRocket’s business, mainly consisting of Sales Persons selling products for Companies with Companies of CloseRocket that the Sales Person previously provided services for.
7.2 Any breach of this provision will result in contractual penalty of EUR 10,000 payable to CloseRocket within 30 calendar days of such breach. For these purposes, CloseRocket will issue an invoice to the Sales Person. The Sales Person is also obliged to pay for any damages caused to CloseRocket as a result of breaching this provision that are above the amount of contractual penalty.
8 USER CONDUCT AND PROTECTION
8.1 CloseRocket maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of CloseRocket. This section relates to the expected conduct users should adhere to while interacting with each other on CloseRocket.
8.2 Rude, abusive, improper language, or violent messages will not be tolerated and may result in an Account warning or the suspension/removal of your Account.
8.3 CloseRocket is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your Account.
8.4 To report a violation of our Terms and Conditions, or inquiries regarding your Account, please contact our Customer Support team here.
9 PERSONAL INFORMATION
9.1 To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of CloseRocket in order to circumvent or abuse the CloseRocket messaging system or CloseRocket platform is not permitted.
9.2 Any necessary exchange of personal information required to continue a service may be exchanged through CloseRocket.
9.3 CloseRocket does not provide protection for users who interact outside of the CloseRocket platform.
9.4 All information and file exchanges must be made solely through CloseRocket, i.e., Sales Persons and Companies do not communicate directly.
9.5 Any breach of this provision will result in contractual penalty of EUR 10,000 payable to CloseRocket within 30 calendar days of such breach. For these purposes, CloseRocket will issue an invoice to the Sales Person. The Sales Person is also obliged to pay for any damages caused to CloseRocket as a result of breaching this provision that are above the amount of contractual penalty.
10 NON-PERMITTED USAGE
10.1 Adult Services & Pornography – CloseRocket does not allow any exchange of adult oriented or pornographic materials and services.
10.2 Inappropriate Behaviour & Language – Communication on CloseRocket should be friendly, constructive, and professional. CloseRocket condemns bullying, harassment, and hate speech towards others.
10.3 Phishing and Spam – Users’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another user’s Account or computer environment is strictly prohibited. Please respect our user’s privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to orders.
10.4 Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided through CloseRocket. Sales Persons further confirm that whatever information they receive, which is not public domain, will not be used for any purpose whatsoever other than for the delivery of the services to the Company. Any users who engage and communicate off of CloseRocket will not be protected by our Terms and Conditions.
10.5 Authentic CloseRocket Profile – You may not create a false identity on CloseRocket, misrepresent your identity, create a CloseRocket profile for anyone other than yourself (a real person), or use or attempt to use another user’s Account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. CloseRocket reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
10.6 Fraud / Unlawful Use – You may not use CloseRocket for any unlawful purposes or to conduct illegal activities.
10.7 Multiple Accounts – To prevent fraud and abuse, users are limited to one active CloseRocket Account. Any additional Account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the CloseRocket community will be disabled. Mass Account creation may result in disabling of all related Accounts. Note: any violations of CloseRocket’s Terms and Conditions is a cause for permanent suspension of all Accounts.
10.8 Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on CloseRocket. This includes creating new multiple Accounts to harass members through our message or ordering system.
10.9 Selling Accounts – You may not buy or sell CloseRocket Accounts.
11 PROPRIETARY RESTRICTIONS
11.1 The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by CloseRocket and protected by copyright, trademark, and other intellectual property laws. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms and Conditions. Users also agree not to permit or authorize anyone else to do any of the foregoing.
11.2 Except for the limited right to use the Site according to these Terms and Conditions, CloseRocket owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content including, without limitation, the exclusive right to create derivative works.
12.1 Sales Persons should recognize that there might be a need for Companies to disclose certain confidential information to be used by Sales Persons for the purpose of delivering the ordered services and to protect such confidential information from unauthorized use and disclosure. Therefore, Sales Persons agree to treat any information received from Companies as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sales Persons specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Company’s permission.
12.2 Any breach of this provision will result in contractual penalty of EUR 10,000 payable to CloseRocket within 30 calendar days of such breach. For these purposes, CloseRocket will issue an invoice to the Sales Person. The Sales Person is also obliged to pay for any damages caused to CloseRocket as a result of breaching this provision that are above the amount of contractual penalty.
13 DISCLAIMER OF WARRANTIES
13.1 Your use of this Site, its content and any services obtained through the Site is at your own risk. The Site, its content and any services obtained are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither CloseRocket, nor any person associated with CloseRocket makes any warranty or representation with the respect to the completeness, security, reliability, quality, accuracy or availability of the site.
13.2 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
14 LIMITATION ON LIABILITY
14.1 In no event will CloseRocket, its affiliated or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Site, any websites linked to it, any content on the Site or such other websites or any services obtained through the Site or such other websites, including aby direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
14.2 The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
15.1 Unless stated otherwise herein, the mutual communication between you and CloseRocket will be conducted in writing in the English language and will be delivered to physical addresses and/or e-mail addresses specified in your Account. The notice/documents will be deemed delivered:
15.1.1 in case of personal delivery, by handing over the document to the person authorized to receive documents on behalf of the receiving party being the addressee and by signature of such person on the delivery note and/or a copy of the delivery note or by refusing to accept the document by such person what shall be evidenced by the statement of this person or by at least by two (2) other persons that were present at the event of refusal of delivery;
15.1.2 in case of delivery by postal or courier service, by delivering the document to the address of the receiving party specified in your Account (or to any other address being the actual address of residence or registered seat of the receiving party) and in cases of registered mail service, by handing over the document to the person authorized to receive documents on behalf of the receiving party being the addressee and by signature of such person on the delivery note, however, no later than three (3) days from the date stated on the certificate of posting, regardless whether the delivery was successful or not;
15.1.3 in case of delivery via e-mail to the e-mail addresses specified in your Account or to other e-mail addresses that are known to your and/or CloseRocket, at the moment of receiving a confirmation of delivery of the addressee, however no later than 24 hours after sending an email, regardless whether the delivery was successful or not.
15.2 If a notice/document is being delivered by more than one method of delivery, such notice/documents shall be deemed delivered on the day on which the delivery hereunder occurs earlier.
15.3 Both you and CloseRocket are entitled to designate a new address for delivery of notices/documents. Unless the you and/or CloseRocket notifies the other party of such change in writing at least five (5) business days in advance, all notices/documents can be effectively served and delivered at the former address stated in your Account.
16 DURATION AND TERMINATION
16.1 This agreement enters into force and effect upon you fill in the form to register an Account on the Site.
16.2 CloseRocket or you may terminate this agreement at any time by providing written notice to the other party at least one calendar month prior to the termination.
16.3 If you wish to terminate this agreement, you must fulfil any outstanding obligations to Companies before doing so, i.e., the Sales Cycle that has already started, must be completed before the termination.
17 GOVERNING LAW AND DISPUTE RESOLUTION
17.1 These Terms and Conditions are governed by and construed in accordance with the laws of Slovak Republic.
17.2 Any disputes arising out of or relating to these Terms and Conditions will be decided by the courts of Slovak Republic.
18 FINAL PROVISIONS
18.1 CloseRocket may make changes to its Terms and Conditions from time to time. When these changes are made, CloseRocket will make a new copy of the Terms and Conditions available on this page.
18.2 You understand and agree that if you use CloseRocket after the date on which the Terms and Conditions have changed, CloseRocket will treat your use as acceptance of the updated Terms and Conditions.
18.3 Each and every provision of these Terms and Conditions is construed in such manner so that it may be valid, effective, binding, and enforceable in accordance with laws of the Slovak Republic in the widest extent possible. If any provision of these Terms and Conditions is or becomes null and void, invalid, ineffective, or unenforceable, this will not have any effect on the validity, effectiveness, and enforceability of other provisions of these Terms and Conditions, unless the very nature of such a provision precludes it under laws of the Slovak Republic.