By visiting or using the services available from the domain and sub-domains of www.Salesmoguls.com (the "Website"), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
Sales Moguls is an online marketplace that enables "Companies" to search for, enter into and manage transactions with Sales Experts. The Website contains features that enable Companies and Sales Experts to do, among other things, the following:
Companies: Create profiles, post deals, search for Sales Experts, communicate with Sales Experts, negotiate with Sales Experts, award deals to, manage deals, leave feedback for Sales Experts, and pay Sales Experts.
Sales Experts: Create profiles, advertise capabilities, submit quotes, negotiate with Companies, obtain deal, invoice, obtain feedback from Companies, and receive payment from companies.
We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the "Services"). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:
"1099 Service" means the service described in Section 7.
"Account" means the account created by the Website upon registration.
"Assumed Payment Liabilities"shall mean that portion of a Sales Expert's total service charges for a Deal which Salesmoguls.com agrees to assume in consideration of the Service Charges.
"Dispute Resolution Service" means the service described in Section 6.
"Company's Acceptance of Services" shall mean: (i) with respect to an Invoice, a transfer of funds by Company to Salesmoguls.com in respect of such Invoice or (ii) with respect to the SafePay Service, the earlier to occur of the following: (a) Company and the Freelancer agree as to the rightful recipient of the funds or (b) Employer and Freelancer have concluded the process comprising the Dispute Resolution Service.
"Sales Moguls Billing and Payment Services" means, collectively, the Sales Moguls Invoice Service and the SafePay Service.
"Sales Moguls Invoice Service" means the service described in Section 5(A).
"SafePay Service" means the service described in Section 5(B).
"Service Charges" means, as applicable, the Deal Fee, Employer Payment Processing Fee, the Freelancer Transfer Method Fee and the Dispute Resolution Service Fee.
"Services" means, collectively, the Sales Moguls Billing and Payment Service, the Dispute Resolution Service and the 1099 Service.
"Website" means the world wide web site operated by Salesmoguls.com at http://www.Salesmoguls.com or any replacement URL.
(a) You acknowledge and agree that Salesmoguls.com will construe any Deal Agreement based on the transaction's course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Deal Agreement, (ii) the parties' course of dealings, as evidenced by activity on or communications through the Website, (iii) the Deal itself and (iv) any information or communication that the Company and the Sales Expert agree should be considered.(b) Salesmoguls.com shall render its decision within five (5) business days of escalation. During this time, you are encouraged to continue to negotiate an amicable settlement with the Freelancer with which you are engaged in a dispute.(c) You agree that the decision of Salesmoguls.com, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator's decision.(d) In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Deal that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Deal in your possession and destroy any electronic copies that you have.
At the request of an Employer, salesmoguls.com shall issue each individual Freelancer whom you have engaged through the Website a summary on Form 1099 reflecting Payments (less fees) paid to each Freelancer. You hereby acknowledge that, although salesmoguls.com may provide the 1099 Service to Employers, the Employer's Deal Agreement to obtain services and make payments is an agreement between an Employers and a Freelancer.
Attention Inder Guglani
5001 Baum Blvd., Suite 760
Pittsburgh, PA 15213
To the address associated with Registered User's access or login information.