MProve Sales Terms and Conditions
Effective Date: May 09, 2024

These Terms and Conditions (“Terms”) govern your use of the services offered by MProve Sales (“MProve,” “we,” “us,” or “our”). By accessing or using our services, you agree to be bound by these Terms.

  1. Services

MProve offers a comprehensive suite of services designed to empower your sales organization and accelerate growth. Here’s a breakdown of our core offerings, with additional details:

Executive Sales Recruiting: We are experts in identifying and attracting top-tier sales talent for your SaaS organization.

Extensive Network: We leverage our vast network of experienced sales professionals to find the perfect fit for your specific needs. This network includes individuals with proven track records in the SaaS industry, ensuring a deep understanding of the unique challenges and opportunities you face.

Proven Methodologies: We utilize proven recruitment methodologies that go beyond simply placing ads and sorting resumes. Our process involves a thorough understanding of your ideal candidate profile, targeted sourcing strategies, in-depth candidate assessments, and effective interview techniques.

Building High-Performing Teams: Our goal is not just to fill open positions, but to help you build high-performing sales teams with the right leadership and individual contributors. We take the time to understand your company culture, team dynamics, and long-term goals to ensure we present candidates who will not only excel in their roles but also integrate seamlessly into your organization.

Fractional CRO & CMO Services: For organizations that may not require a full-time CRO or CMO, we provide a unique solution with our fractional leadership options.

Strategic Expertise & Guidance: You gain access to the strategic expertise and guidance of a seasoned CRO or CMO on a part-time basis. This allows you to benefit from the experience and insights of a high-level executive without the significant cost of a full-time hire.

Tailored Solutions: We don’t offer a one-size-fits-all approach. We tailor our services to your specific needs and budget, ensuring you receive the right level of support. This may involve focusing on specific areas like sales strategy development, marketing campaign execution, or team coaching and development.

Cost-Effective Approach: Fractional leadership offers a cost-effective alternative to hiring a full-time executive. You only pay for the time and expertise you need, allowing you to stretch your budget further and invest in other areas of your organization.

Executive Coaching & Mentoring: We offer personalized coaching and mentoring programs for sales leaders and individual contributors at all levels.

Experienced Coaches: Our coaches are experienced professionals with a proven track record of success in sales development. They have not only achieved exceptional results themselves but also possess the skills and knowledge to help others unlock their full potential.

Customized Programs: We develop customized coaching programs tailored to the specific needs and goals of each participant. This may involve areas like leadership development, deal negotiation skills, sales process optimization, or communication effectiveness.

Skill Development & Strategy: Our programs equip your team with the skills and strategies necessary to excel in today’s competitive landscape. Through a combination of individual coaching sessions, group workshops, and accountability measures, we help participants develop the knowledge, mindset, and behaviors needed to consistently achieve their sales goals.

Negotiations Skills Training: Effective negotiation skills are crucial for closing deals and maximizing your sales potential.

Interactive Training Programs: We offer interactive training programs that are engaging and effective. Our programs utilize a blend of lecture, case studies, role-playing exercises, and simulations to provide participants with a well-rounded learning experience.

Tools & Techniques: Our programs equip your team with the tools and techniques they need to confidently navigate negotiations. This includes strategies for building rapport, identifying leverage points, structuring win-win outcomes, and effectively handling objections.

Win-Win Outcomes: Learn to achieve win-win outcomes through effective negotiation strategies. Our training emphasizes the importance of building long-term relationships with clients while still securing favorable terms for your organization.

  1. Engagement

Building a Successful Partnership:

Collaborative Approach: We take a collaborative approach to understand your unique challenges, goals, and desired outcomes. This involves initial consultations, in-depth discussions about your sales organization, and a clear understanding of your vision for success.

Customized Proposal: Based on our discussions, we will develop a customized proposal outlining the specific services we recommend, the scope of work, timelines, and associated fees. The proposal will be transparent and detailed, allowing you to make an informed decision about how MProve can best serve your needs.

Open Communication: We maintain open communication throughout the engagement to ensure alignment.

Transparency in Fees and Payment:

Flexible Engagement Models: We offer flexible engagement models to accommodate your budget. This may include:

Upfront Fees: A one-time fee for a specific service or project.

Retainers: A recurring monthly fee for ongoing services.

Success-Based Commissions: Performance-based fees tied to achieving specific outcomes, such as placing a key hire or increasing sales metrics.

Clear Fee Structure: The specific fee structure will be clearly outlined in the proposal for your approval before we commence work. This ensures you understand the costs involved before making a commitment.

Term and Termination:

Defined Term: The term of your engagement with MProve will be clearly defined in the proposal. Typically, our engagements are project-based with a defined start and end date. For example, an Executive Search engagement might have a term of 3-6 months, depending on the complexity of the role.

Ongoing Engagements: There may be flexibility for ongoing engagements depending on the service provided. For instance, Fractional CRO or CMO services might be structured as a longer-term retainer agreement.

Termination for Cause: Termination may be possible for cause by either party with written notice. This includes situations such as a material breach of these Terms or a failure to deliver on agreed-upon services.

  1. Confidentiality

Protecting Your Information: We understand the importance of protecting your confidential information. This may include:

Company Data: Financial information, customer lists, marketing strategies, and other proprietary information belonging to your organization.

Candidate Information: Resumes, interview notes, and other personal data of potential recruits.

Strategic Plans: Your sales strategies, growth goals, and competitive landscape analysis.

Data Security Measures: We have implemented appropriate data security measures to safeguard your confidential information. This includes secure data storage practices, access controls, and employee training on data privacy.

Non-Disclosure Agreement: We may require you to sign a non-disclosure agreement (NDA) before sharing any highly sensitive information.

Maintaining Our Expertise: MProve has developed valuable intellectual property through our methodologies, processes, and training materials. These include:

Recruitment Strategies: Our proprietary approach to identifying and attracting top sales talent.

Coaching Frameworks: Our customized coaching programs designed to accelerate sales performance.

Negotiation Techniques: Our proven methodologies for achieving successful negotiation outcomes.

Limited Use of Materials: We share these materials with you to facilitate the successful delivery of our services. You agree to keep this information confidential and not disclose it to any third party without our written permission. This protects our intellectual property and ensures our competitive advantage.

  1. Warranties and Disclaimers

Commitment to Quality Services: MProve is committed to providing the highest quality services. We leverage our extensive experience and proven methodologies to deliver impactful results for our clients. This includes:

Experienced Professionals: Our team consists of seasoned professionals with a strong track record of success in the sales and recruitment industry.

Data-Driven Approach: We utilize data and analytics to inform our strategies and measure the effectiveness of our services.

Continuous Improvement: We are constantly seeking ways to improve our services and stay ahead of the curve in the ever-evolving sales landscape.

Acknowledgement of External Factors: It’s important to acknowledge that the success of your sales organization depends on a variety of factors, some of which may be outside our control. These factors may include:

Market Conditions: Economic trends, industry competition, and changes in customer behavior can all have an impact on your sales performance.

Internal Factors: Your company culture, leadership team, and sales execution capabilities also play a significant role in achieving your sales goals.

No Guarantees of Specific Outcomes:  Therefore, we make no warranties, express or implied, regarding the specific outcomes of our services. We cannot guarantee that you will achieve a certain level of sales growth or hire a specific candidate. However, we are confident that our services can provide the tools, guidance, and support you need to significantly improve your sales organization’s performance.

  1. Limitation of Liability

Mutual Understanding of Risk: We strive to be a valued partner in your success. However, it’s important to have a clear understanding of risk allocation. This means:

Maximum Liability Cap: To further manage risk allocation, we establish a maximum liability cap. This means:

Defined Amount: The maximum total liability for any claim arising under these Terms shall not exceed the amount you paid for the specific services in question.

Fair Allocation: This cap ensures a fair allocation of risk. You have the opportunity to assess the value we bring and the potential risks involved before engaging our services.

  1. Intellectual Property

Ownership of MProve Materials: MProve retains ownership of all intellectual property rights associated with our services, including:

Copyrights: The original creative expression in our methodologies, processes, and training materials.

Trademarks: Logos, slogans, and other branding elements that identify MProve.

Trade Secrets: Confidential information that gives us a competitive advantage, such as our recruitment strategies.

Limited License for Your Use: You are granted a non-exclusive, non-transferable license to use these materials solely for the purpose of engaging our services. This means:

Limited Scope: You can only use the materials for the specific engagement you have contracted with MProve.

No Sharing: You cannot share the materials with any third party without our written permission.

No Modifications: You cannot modify or adapt the materials in any way.

  1. Indemnification

Your Responsibility for Claims: Your trust is important to us.  You agree to indemnify and hold harmless MProve, our officers, directors, employees, and agents from and against any and all claims, losses, liabilities, expenses, including attorney’s fees, arising from or related to:

Your Use of Services: Any damages or losses resulting from your use of our services, including a violation of these Terms.

Third-Party Claims: Any claims brought against MProve by a third party due to your actions or omissions.

Mutual Defense:  In the event of a claim, we will have the right to participate in the defense with counsel of our choosing.  You will cooperate fully with us in such a defense.

  1. Force Majeure

Unforeseen Circumstances: Unforeseen circumstances can arise that may prevent us from fulfilling our obligations under these Terms.  These are known as “Force Majeure” events and may include:

Acts of God: Natural disasters such as earthquakes, floods, or hurricanes.

War & Terrorism: Acts of war, terrorism, or civil unrest.

Labor Strikes: Strikes or work stoppages that disrupt our ability to provide services.

Government Regulations: New laws or regulations that significantly impact our business operations.

Internet Outages: Widespread internet outages that prevent us from delivering our services.

Impact Mitigation:  In the event of a Force Majeure event, we will use commercially reasonable efforts to mitigate the impact on your engagement and resume services as soon as practicable.  We will keep you informed of the situation and any potential delays.

  1. Governing Law and Dispute Resolution

Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.  This means that any legal disputes arising from these Terms will be decided based on Colorado law.

Amicable Resolution Preferred: In the event of any dispute arising from or related to these Terms, the parties agree to attempt to resolve the dispute amicably through good faith negotiation.  We believe open communication and a collaborative approach are the best way

 

Governing Law and Dispute Resolution

Amicable Resolution Preferred: We believe open communication and a collaborative approach are the best way to address any concerns.  We are committed to working with you to find a mutually agreeable solution.

Arbitration as Alternative: If a resolution cannot be reached through negotiation, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.  Here’s a breakdown of what this means:

Neutral Third Party: An arbitrator, a neutral third party, will hear the arguments from both sides and make a final decision.

Binding Decision: The decision of the arbitrator shall be final and binding on both parties. This means that the decision is enforceable by law.

Denver Location: The arbitration shall be conducted in Denver, Colorado. This minimizes any inconvenience associated with the dispute resolution process.

Right to Opt Out of Arbitration: You have the right to opt out of binding arbitration within 30 days of entering into this agreement with MProve.  To opt out, you must send us a written notice of your decision.

  1. Entire Agreement

Supersedes Prior Agreements: These Terms constitute the entire agreement between you and MProve regarding the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. This ensures there are no misunderstandings about the terms governing our engagement.

  1. Amendment

Right to Update Terms: We reserve the right to modify these Terms at any time. This allows us to adapt to changes in the law, industry best practices, or our service offerings.

Notification of Changes: We will post any changes on our website and notify you by email of any material changes. This keeps you informed about any updates to the Terms.

Continued Use as Acceptance: Your continued use of our services after posting any revised Terms constitutes your acceptance of the revised Terms. By continuing to engage with MProve, you acknowledge that you have reviewed and agree to the latest version of the Terms.

  1. Severability

Validity of Remaining Provisions: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. This ensures that the overall Terms remain enforceable even if a specific part is found to be invalid.

  1. Waiver

No Waiver of Future Breaches: No waiver by MProve of any breach of these Terms shall be deemed a waiver of any subsequent breach. This means that if we choose not to enforce a specific provision of the Terms on one occasion, it does not prevent us from enforcing it in the future.

  1. Contact Us

Questions or Concerns: If you have any questions about these Terms, please contact us at info@mprovesales.com or 303-697-6416. We are happy to address any concerns you may have and ensure a clear understanding of our agreement.

Thank you for choosing MProve Sales!

By using our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.