ReferralPie Terms & Conditions of Service
Hey business owner! We’ve tried to make these terms as clear as possible but in the event of any questions or clarification needed, please feel free to use our chatbox or email us at support@referralpie.com and we’ll be able to help you out.
Last Updated: October 24 2023
These Terms of Service (hereinafter “Agreement”) apply to all contracts between ReferralPie (hereinafter “Company”, “we”, “our”, or “us”) and our clients, whether they are consumers, merchants, entrepreneurs, or businesses (hereinafter “Client” or “you”). Collectively Company and Client will be referred to as the “Parties”. The Parties agree to the terms set forth below.
Our services
By purchasing our subscription services on our Site, Client enters into an agreement with Company and agrees to the terms of this Agreement.
Scope of our services
Client hires ReferralPie to support their affiliate program, client referral program, or strategic partners & collaborations in the form of a chargeable, monthly subscription on our Site (hereinafter “Services”).
Our subscription services include working on requested deliverables by Client in a shared Trello board.
‘Requested deliverables’ under the scope of our Services include deliverables such as, but are not limited to:
Setting up/optimising affiliate tracking software
Setting up affiliate onboarding emails and documents such as welcome packets, promo packets, and FAQ docs
Creating/editing affiliate assets such as email swipe copy, social swipe copy, and promotional graphics
Writing/editing affiliate update emails to keep affiliates engaged in Client’s program
Writing/editing outreach emails for Client to invite new affiliates into their program
Reviewing Client’s current affiliate or referral program and recommending improvements
Supporting Client throughout their affiliate launch or promotion
Setting up automations to streamline affiliate program processes
Reviewing and improving Client’s affiliate application process
Creating an affiliate launch or promotional strategy
Conducting analytical reviews of Client’s affiliate performance and pinpointing areas of improvement
Our Services do not include:
Access to communicating with our team beyond asynchronous communication in Trello, Google Docs, and the like
Drafting affiliate agreements or terms & conditions documents
Processing affiliate payouts directly in a Client’s payment processor account
Hosting meetings, calls, trainings, or workshops with Client’s affiliates or partners
Pitching Client’s affiliate program to potential new partners, influencers, or affiliates
Internal meetings with Client (beyond an introductory call) if they are on our Standard Plan
The above list is not exhaustive and we reserve the right to change the scope of our Services at any time, with written notice to the Client.
Pro plan strategy calls
If Client is on our Pro Plan, they will also have the opportunity to book a 30-minute strategy call with a member of the ReferralPie team every month. These calls do not stack or roll over in any way.
In the event a Client needs to reschedule or cancel a booked strategy call, we require 24 hours written notice.
Requests
Our subscription services include working on requested deliverables (hereinafter “Requests”) by Client in a shared Trello board with the following guidelines:
Requests must fall under the scope of our Services
It is the Client’s responsibility to in the shared Trello board to:
Add Requests to ‘Queue’
Move Requests from the ‘Queue’ to ‘Active Request’ column when Client wants a Request to be delivered next
Review completed Requests in the ‘Active Request’ column, and move to ‘Approved’ when said Request is approved
Share comments regarding feedback, reviews, tweaks, edits, fixes, and the like on relevant Requests
Move Requests from the ‘Queue’ to ‘Active Request’ column when Client wants a Request to be delivered next
Only one (1) Request will be worked on by Company at any one time.
Client can make Requests for one (1) brand if they are subscribed to our Standard Plan or two (2) brands if they are subscribed to our Pro Plan.
A system for managing Requests is made available to Client upon subscribing to our Services. Client will receive an email from Trello with further steps to register for a Trello account in order to use our request hub and, therefore, our Service.
We do not guarantee the continuous availability of Trello as it is a third-party service. In the event of unavailability, Clients have the option to communicate about Requests via email to hey@referralpie.com. ReferralPie cannot be held liable for failures, disruptions, delays or other problems resulting from the use of Trello.
Requests made by Client must fall under our scope of Services as outlined in this Agreement. Company is not responsible for covering any extra costs incurred or required to fulfil Requests. Extra costs may include, but are not limited to, affiliate program tracking software, subscription upgrades, and payour processing fees.
We reserve the right to decline to fulfil a Request if it:
violates our core values
falls outside the scope of affiliate programs, client referral programs, and strategic partnerships & collaborations
is illegal, harmful, or offensive in any way
Turnaround times
We do our best to ensure Requests are delivered within five (5) working days, and will always aim to deliver Requests in as little time as possible. Our delivery times depend on many factors, including, but not limited to our current volume of Requests, communication with Clients, and the complexity of current Requests.
If Requests are too complex when Requested by Clients, we will break them down into smaller tasks in the Trello board.
We do not guarantee the amount of work we can deliver per month in our subscription plans. We will do our best to work with Clients to accommodate any priority Requests and work within their timelines, but we suggest Clients do not use our Services for time-sensitive projects or last-minute deadlines.
Planned vacations affecting turnaround times
We believe the rest is work and encourage our team to have vacation time! That said, team time off can affect Request turnaround times.
For planned vacations longer than one (1) week, our policy is to:
Notify Clients at least fourteen (14) days in advance of any planned vacations effecting their accounts
Pause Client accounts for the duration of the planned vacation
Unpause Client accounts upon returning back to work
Notify Clients when Active Requests are being continued
Unforeseen circumstances affecting turnaround times
At ReferralPie, we’re only human. Which is why we have a policy for what to do when unforeseen circumstances hold us back from delivering Requests on time.
‘Unforeseen circumstances’ include, but are not limited to:
Physical or mental illness
Emergency situations
Urgent care or loss of a loved one
For unforeseen circumstances that delay our turnaround times by longer than one (1) week, our policy is to:
Notify Clients as soon as delivery or turnaround times are effected
Pause Client accounts as soon as delivery or turnaround times are effected
Confirm restarting Client accounts when Active Requests can be continued
If we don’t hear back from you within fourteen (14) days of notification, we will cancel your subscription. You are welcome to email us at support@referralpie.com about a cancelled subscription.
Communication
In order for us to effectively provide our Services, Parties must frequently communicate. Communication between Parties will be fully asynchronous (with the exception of a monthly strategy call for Pro Plan Clients), and primarily taking place within Trello. We expect Clients to respond to messages on Trello in a timely manner, with any communication delays on a Client’s part potentially delaying the delivery speed & turnaround time of a Request.
You hereby grant us a limited, nonexclusive, royalty-free worldwide license to use, publish, and display any Communications in connection with our Services for the purpose of marketing, as long as they are in line with our Confidentiality clause within this Agreement. For example, if you praise our work, we might want to share that on our website or social media profiles. You may revoke our rights to share said Communications at any time by sending written notice to support@referralpie.com, at which point we will stop using your Communications for marketing purposes.
We ask that Clients communicate with us in a timely manner so we are able to keep momentum going and deliver work within our ideal turnaround times, as outlined above. As such, Clients agree to make best efforts to respond to communications from Company within forty-eight (48) working hours.
Client also understands that ReferralPie team members may not be available after normal working hours. Company’s working hours are Monday to Friday 12pm to 7pm Central European Time (CET). Company’s office is closed for all Swedish holidays and over the Christmas & New Year period.
Payment
Client agrees to pay a monthly fee for Company’s services under this Agreement. Fees are listed on the ReferralPie website at the time of Client’s subscription starting. All prices are given in USD and are external of VAT.
Clients will subscribe to our Services via Stripe at the point of sign-up. Client understands that Client must pay the first month’s fee before Company begins performing under this Agreement and that Company has the ability to pause performance under this Agreement when Client fails to make subsequent payments.
We reserve the right to change the pricing of our subscription with 30 days’ written notice to Client.
Cancelling & pausing your subscription
You may cancel your subscription at any time, but we do not offer refunds for the current subscription period. To pause your subscription, login to your Stripe dashboard and navigate to the ‘Cancel subscription’ button. Upon cancelling your subscription, you will have access to our Services until the end of your final billing period.
If a monthly payment on your subscription is late or missed, our Services will pause until missing payments are made. We will send automated emails to remind you to make a missed payment or update your card details three (3), eight (8), and thirteen (13) days after your missed payment. If missed payments are not made within fourteen (14) days, we will cancel your subscription. You are welcome to email us at support@referralpie.com about a missed payment or cancelled subscription.
You have the option to pause your subscription at any time without impacting the Requests already delivered. To pause your subscription, login to your Stripe dashboard and navigate to the ‘Pause subscription’ button. Upon cancellation, our Services to you will stop, and the remaining days of your current billing cycle will be noted and used for later redemption upon resubscribing.
When you wish to resubscribe, you can email us at support@referralpie.com and we will help you resume your subscription and, in turn, our Services to you.
You will be able to access your Trello board whilst your subscription is paused but no Requests will be worked on, revised, or delivered. We will also pause communications through Trello.
We reserve the right to cancel or pause your subscription at any time without notice.
Reviews & revisions
We will do our best to deliver high-quality work with as few mistakes as possible. However, we cannot guarantee all documents, creative assets, technical setups, communications, and other deliverables created will be delivered 100% error-free. When we deliver a Request to you, you agree to review and proofread all files for any errors or omissions and notify us via the Trello board of any changes or corrections needed within seven (7) days of receipt. If you notify us within this time period, we will do our best to correct any edits or errors in a timely manner.
ReferralPie is not responsible or liable for any losses or expenses incurred from errors or omissions.
Portfolio rights
You hereby grant us a limited, nonexclusive, royalty-free worldwide license to use, publish, and display any deliverables that we develop in connection with our Services for the purpose of marketing. You may revoke the our rights to share said deliverables at any time by sending written notice to support@referralpie.com, at which point we will stop using your deliverables for marketing purposes.
Use of service
You agree to use the service only for its intended purpose and in accordance with all applicable laws and regulations in Sweden.
ReferralPie does not support and will not tolerate our Service being used to discriminate against others, especially when based on race, religion, sex, gender identity, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use our Service in such a manner which would or could likely incite, promote, or support such discrimination. You must not use the Service to incite or promote hostility or violence. If we believe that your use of the Service is being used to discriminate, we may permanently terminate or suspend your access to the Service, without notice and liability for any reason.
The legal slices
Assignment; Successors and Assigns
Client agrees that Client will not assign, sell, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, or by operation of law, any rights or obligations under this Agreement. Any such purported assignment, transfer, or delegation shall be null and void. Client represents that Client has not previously assigned or transferred any claims or rights released by him pursuant to this Agreement. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, successors, attorneys, and permitted assigns. This Agreement shall not benefit any other person or entity except as specifically enumerated in this Agreement.
Article headings
All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.
Confidentiality & data protection
The Parties agree to keep confidential any and all proprietary information relating to the other party’s business, and any other information not generally made available to the public (collectively, “Confidential Information”). The term Confidential Information means non-public or proprietary information, including, without limitation, information relating to current or future business plans, team members, affiliates and referral partners, products and services, research, images, development, campaign performance, and marketing plans.
Whilst working together, you may disclose Confidential Information to us. We agree to hold in confidence and not disclose your Confidential Information to any third party (other than as required to fulfil its contractual obligations or with the written consent of the other party). We will not use your Confidential Information in any way other than to provide our Services.
We will limit access to your Confidential Information to only those contractors, representatives and agents who are involved in providing Services to you. We will not be responsible to you for any breach of this provision by our contractors, representatives and agents.
You also agree to hold in confidence any Confidential Information we may share whilst working together, and agree not to share or use our Confidential Information in any way, except as permitted by this Agreement.
Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information:
information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement
information that was already in the rightful possession of a Party at the time of disclosure
information that is independently developed by a party without breaching this Agreement
information that becomes known to a party, without restriction, from a third party source not directly or indirectly involving a breach of this Agreement
Please refer to our privacy policy for further information on your data protection.
Force Majeure
Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to pandemic or widespread out break of infectious diseases, government shutdown, fire, floods, exceptionally severe weather, embargoes, explosions, war, acts of war, insurrections, riots, strikes, lockouts or other labour disturbances, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks, or acts of God; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure.
Guarantees
Company operates to the best of its ability and judgment, and cannot guarantee that its services will guarantee any specific results or revenue.
Company warrants that all services performed and provided under this Agreement will be of a professional quality, will be performed and provided by fully trained, suitably qualified, capable and competent personnel, will conform to generally accepted professional practices in Company’s field and will be performed in a workmanlike and ethical manner. Company will comply with all applicable national and local laws, rules and regulations when performing the services and providing any deliverables.
Governing law
This Agreement is governed by and construed in accordance with the laws of Sweden, and Client irrevocably submits to the exclusive jurisdiction of the courts in Sweden. Any controversy or claim arising out of or relating to this Agreement, and any other disputes between the parties, shall be resolved in the courts in Sweden.
Indemnification and release
To the extent permitted by law, each party hereby agrees to protect, indemnify, defend, and hold harmless the other and their respective managers, officers, members, partners, affiliates, owners, shareholders, beneficiaries, and their respective employees, agents, and contractors (collectively, "Representatives") against all claim/losses, liabilities, damages, expenses, and costs arising out of or connected with the negligence or intentional misconduct of such party or its Representatives.
Further, Client on behalf of itself and its owners, affiliates, partners, subsidiaries, employees, agents, contractors, and consultants (collectively "Releasor"), waives any rights to recover from, and hereby forever agrees to release and hold harmless, Company and their respective owners, parent companies, affiliates, partners and subsidiaries, directors, officers, members, participants, employees, consultants, agents, legal representatives and assigns from any and all claims, costs, personal injuries, deaths, expenses, damages, actions and liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen (collectively "Claims"), arising from or relating to any acts or omissions by any third party.
Independent contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Company expressly acknowledges that Company is not an employee of Client. Company maintains their own separate business.
Company further acknowledges that they are not entitled to any employment rights or benefits including, but not limited to, health insurance, pension, vacation, or sick pay. It is expressly understood that this Agreement does not constitute a joint venture. Company is solely responsible for payment their own taxes.
Company has the right to perform services for others during the term of this Agreement. Company has the sole right to control the means, method, and manner by which Company will perform services.
Intellectual property ownership
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site in strict accordance with this Agreement.
All content included on this Site is the property of Company and is protected by copyright and other laws that protect Company’s intellectual property and proprietary rights.
You agree to not modify, publish, transmit, reverse engineer, or create derivative works found on the Site. You agree that you do have nor will have any ownership rights in any protected content, and that Company does not grant you any licenses, express or implied, to the intellectual property of Company except as expressly authorised by this Agreement.
Liability
ReferralPie will not be held responsible for any lost profits, revenues, data, financial losses, or the like a Client may suffer or incur as a result of the use of the Services and/or any information and resources contained in the Services. Client agrees that Company shall not be liable to them for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Service.
Modification
Company may modify terms of this Agreement at any time. All modifications shall be posted on the Company’s Site and Clients shall be notified.
Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
Sole and Only Agreement
This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Contract shall be effective unless executed in writing by both parties.
Waiver
No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.
Warranty
The Parties warrant and represent that they are free to enter into this Agreement and have the authority to do so. The Parties warrant that all statements made in and in preparation of this Agreement are true.
Our details
Zoe Linda operating as ‘ReferralPie’
VAT number: SE921223562701
Email address: support@referralpie.com
Privacy policy
Our privacy policy outlines how we may collect & use your personal information. We recommend reading that through and by continuing to use this Site, accept the privacy policy, which is incorporated into the Agreement by reference. You must be at least 18 years of age to access our Site and Services.
Update log
November 8 2023
Edited turnaround times from ‘5 to 10 working days’ to ‘5 working days’
Added sections to clarify processes for unforeseen circumstances & planned vacations effecting turnaround times & delivery