Service Terms

PER PROJECT SERVICES: All project-based services will be given an estimated quote. Prior to the start of a project, clients are required to pay a 50% non-refundable deposit of the project quote, unless otherwise stated. The remaining balance will be invoiced upon completion of the job.  Additional charges will be discussed and agreed upon before the final invoice is sent.

PAYMENT FOR SERVICES: Client will pay compensation to Contractor in current U.S. dollars.  Payments are accepted through PayPal only (a PayPal account is not necessary for payment). In addition to the regular rate for services, Client shall pay to Contractor all costs incurred by Contractor in connection with providing services to Client. Payments are net 10 from the invoice date.  A one-time $30 late fee will be applied to invoices that are 10 days late. Any funds returned uncredited to Contractor from Client will be subject to a charge of thirty ($30.00) US dollars plus any additional costs incurred by Contractor. Contractor reserves the right to suspend or terminate the services to Client until full payment has been made of any amount past due. All invoices must be paid in full prior to the release of any work performed by Contractor for Client. All fees for services are billed in real time with a one hour minimum billing per invoice. Illegible or poor quality source materials provided by Client to Contractor are subject to an additional fee, paid to Contractor, based on quality of materials. There may be additional charges for projects completed outside of regular business hours, weekends and holidays.  The charges will be based on the estimated time to complete the project. Expedited projects will be charged an additional 50% of the projected cost.

TERM/TERMINATION: This Agreement may be terminated by either party upon 30 days written notice to the other party. Additionally, Contractor may terminate this agreement forthwith and without notice upon or after the occurrence of any event of default by client, nonpayment by client, Contractor’s reasonable belief that Client’s financial condition or ability to timely pay Contractor’s invoices may be impaired, or Contractor’s belief that Client is not complying with all Local, State and/or Federal laws that govern the Client’s business operations. In the event that this Agreement is terminated, by either party, the Client shall continue to be responsible for any liabilities prepaid or incurred by Contractor with respect to the Virtual Assistant Services covered under this agreement.

RELATIONSHIP OF PARTIES: It is understood by the parties that Contractor is an independent contractor with respect to Client and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Contractor or any employee, Virtual Assistant, or agent of Contractor. As an independent contractor, the Contractor shall not be required to devote full time, attention, and energy to the performance of Client’s duties pursuant to this Agreement, but agrees to adhere to Client’s benchmarks and deadlines. Contractor’s services are provided to the best of its ability and based on the consultant’s personal experience, information, facts and issues.
(1) Whilst we will use our reasonable endeavors to supply the services, we shall not be responsible for any failure to provide services or any unavailability. In addition we make no warranty against electronic virus, worms or any other problems which may occur. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs, loss of data, password compromises, or hacking of Client’s website.
(2) During the provision of services, Contractor may make recommendations for other suppliers and this does not form any endorsement or guarantee as to supply of either services or products.
(3) Client shall not try directly or indirectly to induce the agents or the management team providing services to make any alterations in the services or to perform any other related work/project outside the scope of the agreement, at an unofficial level.
(4) Any opinion, statement, recommendation or anything whatsoever shall not form a guarantee.

WORK PRODUCT OWNERSHIP: The property in the services (including intellectual property of information, documents and data which Contractor has agreed that Client will own at the proper termination of the contract), will not pass to Client until Contractor has received full payment for all the services supplied by Contractor. This means that Contractor will have a lien over the data and installation. If Client has not paid the invoice in full within 2 months from the date of the invoice, Client agrees that Client will forfeit his/her rights to the information, documents and data. Once a project is complete and invoiced, the Client has responsibility to maintain any files/information related to the project.

CONFIDENTIALITY: Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Contractor or divulge, disclose, or communicate in any manner any information that is proprietary to Client. Contractor will protect such information and treat it as strictly confidential. Additionally, Contractor acknowledges that the fact Contractor is providing services to Client is also confidential as disclosure of this fact in itself may cause damage to Client. For this purpose, Contractor will consider names of all corporate entities, family members, shareholders, employees, and any other affiliate names or identities as covered by this confidentiality clause. This provision shall continue to be effective after the termination of this Agreement.

NO WARRANTY: You hereby agree that the Contractor services and any research project or other materials you receive are provided “as is”, “with all faults” and “as available” and are without warranty of any kind. While Contractor relies on sources that we believe to be reliable, we cannot rule out errors in judgment or application. Contractor is not responsible for any investment or other decisions of the client going wrong, based on exclusive usage of Contractor’s research report. The reports are meant for general guidance of the client and not specific recommendations. Contractor shall not at any time be liable for any claims or losses of any nature, including but not limited to lost profits, punitive or consequential damages. In addition to the foregoing, Contractor does not provide any warranty against infringement or of title or quiet enjoyment.

ERRORS AND OMISSIONS:  Final proof reading is the responsibility of Client. Client shall proof all materials prior to acceptance of the delivered work. All errors must be reported within twenty-four (24) hours of delivery, or work will be considered accepted. All errors reported within twenty-four (24) hours will be corrected at no additional charges. Additional fees may apply if reported after twenty-four (24) hours or after work has been completed.

TIME ESTIMATE: Contractor will use all reasonable endeavors to complete any services within any time estimate that Contractor gives. For projects, average time for completion is 3-4 weeks (less for smaller projects, and more for larger projects). Contractor may extend the initial time estimate if it is hard to reach the Client for information needed for the project. Contractor will not be liable for any loss or damage suffered because of any unavoidable or reasonable delay in completion, including third party involvement and Client’s failure to deliver items such as documents or information. Contractor will keep Client informed about any delay.

RESPONSIBILITY AND MISUSE: (1) Client agrees that Client will solely be responsible for their use of any services provided by Contractor and that Client will use the service legally and only for the purposes that it is intended to be used for.  (2) Furthermore, Client agrees that Client will not misuse the services supplied by Contractor and that Client will abide by any laws applicable to this agreement or the operation of it. (3) Client specifically agrees that Contractor has no liability, and furthermore Client will indemnify Contractor for any loss resulting in any breach of this clause.

NON-SOLICITATION:  Projects and tasks may be completed by Contractor’s associates. Any associates Contractor chooses to work with will be accountable to Contractor’s company, & therefore any agreements and assignments will be established between Contractor’s company and the Client (not the Assistant & the Client). For the period of this Agreement and three years after termination or completion, Client agrees that Client will not (through itself, affiliates, principals, or other related parties) solicit, for employment, employ, consult with, utilize the services of, or in any other manner induce or influence, either directly or indirectly any of the Contractor’s associates (including former associates) or the associate’s referrals to terminate their agreement and work for themselves or any other person entity either on full time or on part time basis or to perform services for such party or any person or entity related thereto.

AUTHORIZATION:  The Executors of this agreement for the parties have been duly authorized to execute and deliver this Agreement. Execution and performance of this Agreement will not, to the best of party’s knowledge, with or without the giving of notice or the passage of time or both, (a) violate the provisions of any law, rule, or regulation applicable to any party governed under this agreement; (b) violate any judgment, decree, order or award of any court, governmental body or arbitrator; or (c) violate the provisions of any separate contract, agreement or arrangement to which any party governed under this agreement is bound.

GOVERNING LAW: This Agreement shall be interpreted and enforced under the laws of the State of California without giving effect to choice of laws principles of the State. Any claim or controversy arising out of or relating to this Agreement or breach thereof shall be settled by binding arbitration, if Contractor so chooses, in the State of California, in accordance with the rules then obtaining of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, and shall be binding and conclusive to all parties.

ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.

INVALIDITY:  Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

ABIDE BY TERMS: By making use of our organization and its services you will be deemed to be aged 18 or over and that you have read and understood this agreement and agree to be bound by its terms and conditions. Where you are entering into an agreement on behalf of an organization you confirm that you have the legal right to do so.

IN WITNESS WHEREOF, the parties hereto have executed this agreement to provide Virtual Assistant Services as of the date set forth above.