Important: These Terms & Conditions govern your use of the Accelarys website and the engagement of our Salesforce consulting services. By submitting an enquiry, entering into a Statement of Work, or using this website, you agree to be bound by these terms. Individual service engagements are governed by a separate Statement of Work or Master Services Agreement, which takes precedence over these general terms where there is a conflict.
These Terms & Conditions ("Terms") constitute a legally binding agreement between Accelarys ("we", "our", "us") and any individual or organisation ("you", "Client") that accesses our website, submits an enquiry, or engages our Salesforce consulting services.
By using this website or engaging Accelarys for services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. 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.
If you do not agree to these Terms, you must not use this website or engage our services.
Accelarys is a business-to-business Salesforce consulting and technical architecture firm registered in India. Our services include but are not limited to:
All services are delivered on a project or retainer basis as agreed in a Statement of Work (SOW) or Master Services Agreement (MSA). These Terms apply to all engagements unless superseded by a signed SOW or MSA.
Statements of Work: Each engagement between Accelarys and a Client will be documented in a Statement of Work (SOW) that sets out the specific scope of services, deliverables, timelines, fees, and any engagement-specific terms. No services will commence until a SOW has been agreed in writing by both parties.
Scope changes: Any changes to the agreed scope of work — including additional features, modules, integrations, or services not specified in the original SOW — must be documented in a Change Order signed by both parties. Accelarys reserves the right to adjust fees and timelines to reflect approved scope changes.
Project commencement: Work begins upon receipt of any agreed deposit or upfront payment and countersigned SOW. Accelarys will not allocate architect or developer capacity until these conditions are met.
Third-party platforms: Our services are built on the Salesforce platform. The availability, functionality, and licensing of Salesforce products are governed by Salesforce's own terms and are outside our control. Accelarys is not responsible for changes to Salesforce platform features, pricing, or licensing that affect the scope or cost of a project.
Successful Salesforce implementations require active client participation. By engaging Accelarys, you agree to:
Delays caused by late client approvals, unavailability of key stakeholders, or incomplete information may result in timeline extensions and additional fees. Accelarys will notify you in writing before any such charges are applied.
Fees: Consulting fees are set out in each SOW and may be structured as fixed-price, time-and-materials, or monthly retainer, depending on the nature of the engagement. All fees are quoted exclusive of applicable taxes (including GST in India) unless otherwise stated.
Payment terms: Unless otherwise agreed in a SOW, our standard payment terms are:
Late payment: Invoices not paid within the agreed payment period will accrue interest at 1.5% per month (or the maximum permitted by applicable law, if lower) on the outstanding balance. Accelarys reserves the right to suspend services on accounts with overdue invoices of more than 30 days.
Expenses: Reasonable, pre-approved out-of-pocket expenses (such as travel costs for on-site engagements) will be charged at cost and itemised on invoices. Expenses above INR 10,000 or equivalent require written client approval in advance.
Currency: Fees may be invoiced in Indian Rupees (INR), US Dollars (USD), or Euros (EUR) as agreed in the SOW. Exchange rate fluctuations for international payments are the responsibility of the Client.
Client IP: You retain all ownership of your existing data, business processes, Salesforce configuration, and any materials you provide to Accelarys for the purpose of the engagement.
Deliverable IP: Upon full payment of all fees, Accelarys assigns to you ownership of the custom Apex code, Lightning Web Components, Flow configurations, and other bespoke deliverables created specifically for your organisation under the SOW, except as described below.
Accelarys IP: We retain ownership of:
Where Accelarys incorporates its proprietary IP into your deliverables, we grant you a non-exclusive, perpetual, royalty-free licence to use such components within your Salesforce environment for your internal business operations.
No third-party infringement: Accelarys warrants that, to its knowledge, the deliverables it creates for you do not infringe the intellectual property rights of any third party. We are not responsible for intellectual property infringement arising from your instructions, data, or requirements.
Both parties acknowledge that during the course of an engagement, each may have access to the other's confidential information — including business strategies, technical systems, client data, financial information, and trade secrets.
Both Accelarys and the Client agree to:
These obligations survive the termination of any engagement for a period of five (5) years. They do not apply to information that is publicly available, was already known to the receiving party, or is required to be disclosed by law or regulatory authority.
Where a separate Non-Disclosure Agreement (NDA) has been signed, the terms of that NDA govern confidentiality for the engagement and supersede this clause.
Client data: In delivering our services, Accelarys may access, process, or configure personal data held in your Salesforce environment on your behalf. In these circumstances, Accelarys acts as a data processor and the Client acts as the data controller. We will process such data only in accordance with your documented instructions and applicable data protection law.
Data Processing Agreement: For engagements involving access to personal data subject to GDPR or CCPA, we will enter into a Data Processing Agreement (DPA) with you prior to commencing work. The DPA sets out the obligations of both parties regarding data security, subprocessors, breach notification, and data subject rights.
Salesforce platform terms: Our services are delivered on the Salesforce platform. Use of Salesforce is subject to Salesforce's own Master Subscription Agreement, Privacy Statement, and Trust & Compliance documentation. Accelarys does not control Salesforce's platform, pricing, or feature availability and is not liable for changes to these.
Sandbox and production access: Accelarys requires access to your Salesforce environments to deliver services. You are responsible for granting appropriate access and revoking it upon completion or termination of the engagement. We recommend providing Accelarys with a dedicated System Administrator profile in sandbox environments and the minimum necessary access in production.
Accelarys warrants that:
The Client warrants that:
Disclaimer: Except as expressly stated in these Terms or a signed SOW, Accelarys provides its services "as is" and makes no other representations, warranties, or conditions — express or implied — including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that Salesforce implementations will achieve any specific business outcome, revenue target, or performance metric, as these depend on factors outside our control including your data quality, user adoption, and business operations.
Aggregate liability cap: To the fullest extent permitted by applicable law, Accelarys's total aggregate liability to you — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — arising out of or in connection with a service engagement will not exceed the total fees paid by you to Accelarys in the three (3) months immediately preceding the event giving rise to the claim.
Exclusion of consequential losses: Accelarys will not be liable for any indirect, special, incidental, punitive, or consequential losses, including loss of profits, loss of revenue, loss of data, loss of business opportunity, or reputational damage — even if advised of the possibility of such losses.
Exceptions: Nothing in these Terms limits or excludes liability for:
The Client acknowledges that these limitations of liability reflect a reasonable allocation of risk between commercial parties and form an essential basis of the bargain between the parties.
Each party agrees to indemnify, defend, and hold harmless the other party and its officers, directors, employees, and contractors from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from:
The indemnified party must: (a) promptly notify the indemnifying party of any claim, (b) give the indemnifying party reasonable control of the defence and settlement, and (c) provide reasonable cooperation. The indemnified party may participate in the defence at its own expense.
Project engagements: Fixed-price project engagements conclude upon delivery and acceptance of all deliverables specified in the SOW, or upon termination as described below.
Retainer engagements: Retainer agreements continue month to month unless a minimum term is specified in the SOW. Either party may terminate a retainer by providing thirty (30) days' written notice.
Termination for cause: Either party may terminate an engagement immediately upon written notice if the other party: (a) materially breaches these Terms or the applicable SOW and fails to remedy the breach within 14 days of written notice, (b) becomes insolvent, enters administration, or ceases to carry on business, or (c) engages in fraud or wilful misconduct.
Termination for convenience: Either party may terminate an engagement for convenience with thirty (30) days' written notice, subject to payment of all fees for work completed to date plus reasonable costs incurred in winding down the engagement.
Effect of termination: Upon termination, Accelarys will provide you with all work completed to the date of termination. You will pay all outstanding fees for work completed. Each party will return or destroy the other's confidential information as requested. Provisions that by their nature should survive termination — including confidentiality, intellectual property, limitation of liability, and governing law — will survive.
Permitted use: You may use this website for lawful purposes related to understanding our services, submitting enquiries, and accessing legal documentation. You may not use this website to transmit unlawful, harmful, or disruptive content.
Accuracy of information: We make reasonable efforts to ensure the information on this website is accurate and up to date. However, the website is provided for general informational purposes only. Service descriptions, pricing, and capabilities described on the website are subject to the specific terms agreed in individual SOWs. Nothing on this website constitutes legal, financial, or professional advice.
Third-party links: This website may contain links to third-party websites (including Salesforce's website). We are not responsible for the content, privacy practices, or terms of those sites. Links do not constitute endorsement.
Availability: We do not guarantee continuous, uninterrupted access to this website. We may suspend or discontinue the website at any time without notice for maintenance, security, or other operational reasons.
Intellectual property on this website: All content on this website — including text, design, logos, and graphics — is the property of Accelarys and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.
Governing law: These Terms and any engagement governed by them are subject to the laws of India, without regard to its conflict of law provisions. For engagements with clients domiciled in the European Union or United Kingdom, applicable data protection obligations are additionally governed by EU GDPR or UK GDPR respectively.
Informal resolution: Before initiating formal dispute proceedings, both parties agree to attempt in good faith to resolve any dispute through direct negotiation between senior representatives. The disputing party must provide written notice of the dispute, and both parties will have 30 days to attempt resolution.
Arbitration: If informal resolution is unsuccessful within 30 days, any dispute, controversy, or claim arising from or in connection with these Terms or a service engagement — including questions of formation, validity, breach, or termination — will be referred to and finally resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 of India. The seat of arbitration will be Kolkata, India. The language of arbitration proceedings will be English. The decision of the arbitrator will be final and binding on both parties.
Injunctive relief: Notwithstanding the above, either party may seek urgent injunctive or other equitable relief from a competent court of jurisdiction to prevent irreparable harm pending resolution of a dispute.
Entire agreement: These Terms, together with any applicable SOW, MSA, NDA, or DPA signed between the parties, constitute the entire agreement between Accelarys and the Client with respect to the subject matter and supersede all prior agreements, representations, or negotiations, whether written or oral.
Amendments: We may update these general Terms from time to time. Material changes will be notified via our website. The Terms applicable to a specific engagement are those in force at the time the SOW was signed, unless both parties agree in writing to apply updated Terms.
Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
No waiver: Failure by either party to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision in the future.
Assignment: You may not assign your rights or obligations under these Terms without Accelarys's prior written consent. Accelarys may assign rights and obligations to a successor entity in connection with a merger, acquisition, or corporate restructuring.
Force majeure: Neither party will be liable for failure or delay in performing obligations due to circumstances beyond their reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures, provided the affected party gives prompt written notice and uses reasonable efforts to mitigate the impact.
Relationship of the parties: Accelarys is an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between Accelarys and the Client.
Notices: Legal notices under these Terms must be in writing and sent by email to the addresses specified in the applicable SOW. Notices sent to Accelarys should be addressed to hello@accelarys.com with a copy to privacy@accelarys.com.
For questions about these Terms & Conditions, or to discuss an engagement with Accelarys:
Accelarys
General enquiries: hello@accelarys.com
Legal / compliance: privacy@accelarys.com
Address: Kolkata, West Bengal, India
For service enquiries, please use the contact form on our website. We aim to respond to all enquiries within one business day.