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Terms of Service Agreement
Last updated: November 20, 2015
Read our Terms of Service Agreement (the “Agreement”) before using our services, or accessing our client area. The Agreement set forth the standards of use of Virtual Assistant Services (“the Service”) provided by VAfromEurope.com, (“the Contractor” or “we”), and individuals who are authorized to use the Service (“the Client”, or “You”). Terms of Agreement are entered into by and between the Contractor and the Client hereinafter collectively referred to as the “Parties” or individually as a “Party”.
1. Acceptance of Terms of Service Agreement
BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DISAGREE WITH ANY PART OF THE AGREEMENT THEN YOU MAY NOT USE THE SERVICE.
To be eligible for our services, You must be at least 18 years old. When signing up for our services, You authorize the Contractor, directly or through third parties, to make any inquiries we consider necessary to validate Your identity. This may include asking You for further information, requiring You to take steps to confirm ownership of Your email address or financial instruments, and verifying Your information against third party databases or through other sources.
We provide the Client with Virtual Assistant Services. The scope of the Service includes, but is not limited to: remote administrative assistance, e-mail monitoring, search engine optimization, social media marketing, data entry, web research, database management, travel planning, proofreading and editing etc. The scope of the Service may be limited or expanded by the Client and the Contractor as they mutually agree.
The services that the Contractor provides are strictly for the registered user only. We will not be held accountable for any information that is used by a third party not privy to this agreement.
4. Term of Service
The term of this Agreement (“the Term”) shall begin on the date of purchase and shall continue on a month-to-month basis unless terminated by either Party upon one (1) day’s written notice to the other Party.
5. Terms of Payment
We work on a pay-in-advance, subscription model. We are a membership-style service and You are automatically enrolled in the bill plan that You select. You will be charged at the beginning of each billing period for the package that You have selected. You may unsubscribe at any time and not be charged further. To maintain service levels, we allocated agent staffing levels based on Your specific subscription, thus no refunds will be given for unused hours or requests. Unused hours are not rolled over to the following month. It is the Client’s responsibility to assign enough work to us so that we can use the hours that are included in the Client’s monthly subscription plan. If the Client sends us plenty of work and the Contractor fails to utilize the time, we will issue a refund or roll the unused time over onto next month.
Your current monthly plan hours are eligible to roll over 100% of the total plan amount to the next billing cycle provided You refresh Your current plan or upgrade it. Unused rollover hours expire after 30 days.
If we use more time than what is allowed by the Client’s plan amount without the Client’s authorization, the Client will not be billed for those hours. If the Client is notified of the excess time use and then decides to continue work, the Client will be billed for all hours used.
We reserve the right to change our fees at any time. Changes to our fee schedule are effective after we provide You with at least fourteen (14) days’ notice by posting the changes on the Site or contacting You through the email or mailing address listed in Your account. Changes in fees for current clients come in effect at the beginning of their next billing period.
6. Overuse of Services
If You use all of the hours that are included in Your chosen monthly package, we will notify You that before any additional services can be provided, You must choose one of the following four options:
- Tell us to stop work
- Move up to a larger monthly plan
- Continue working at the hourly rate
- Refresh Your plan from the current date
7. Task Turnaround Time
We always try to complete tasks as quickly as possible, the fastest turnaround time under normal circumstances being one business day. Though, due to the variety of tasks submitted to us, we cannot guarantee a standard turnaround time. The turnaround time for each task submitted to us depends on a number of factors, the largest being the size and complexity of the task.
The Contractor will bill and the Client shall refund the Contractor for all reasonable and pre-approved out-of-pocket expenses that are incurred in connection with the performance of the Contractor’s services. Additional expenses may only be incurred by the Contractor and charged to the Client if prior approval from the Client has been obtained.
9. Agency Relationship
The Contractor is Your agent. That means that anything we do on Your behalf has the same effect as if You have done it Yourself. That’s one of the reasons You hire us – to act as an extension of You and Your businesses. As Your agent, we can with Your permission provide information to others, make recommendations to others, make promises You have authorized to be made, send communications in Your name, make purchases or render services, or anything else that You need done and that we can do. Our responsibility is to carry out Your instructions and to work within the limits of the authority You grant us. You and You alone are responsible for the transactions entered into on Your behalf, and this responsibility continues even if You stop being our Client.
10. Modifications and Interruption to Service
We reserve the right to modify or discontinue the Service with or without notice to the Client. We shall not be liable to the Client or any third party should we exercise the right to modify or discontinue the Service. The Client acknowledges and accepts that the Contractor does not guarantee continuous, uninterrupted access to our services which may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Each Party hereby acknowledges that during the Term, each Party may, from time to time, be supplied or work with certain information supplied by the other Party, all of which is confidential and of value to such Party (the “Confidential Information”). Each Party hereby agrees to the following in connection with the Confidential Information:
- Neither Party will disseminate or disclose to any third party, or use for such Party’s own benefit or for the benefit of any third party, any Confidential Information relating to the products, business or affairs of the other Party, which ( the Confidential Information) is in any way acquired during or by reason of this Agreement. The Confidential Information is deemed to include but not limited to information in any format pertaining to copyrights, trademarks, trade names, service marks, trade dress, domain names, uniform resource locators (URLs), websites, advertising and marketing plans, media planning/placement, strategic briefs, sales plans, ideas, concepts, new products, improvements, inventions, proposed launches, discontinuance of existing products, product and consumer testing data, sales and market research; technology research & development, corporate strategic plans, budgets, profit & loss data, raw material costs, identity of suppliers, customer lists, customer information, formulae, processes, methods, and associations with other organizations which such Party has not previously made available to the public.
- Each Party will treat Confidential Information received from the other Party with the same degree of care and security as such Party would use with respect to such Party’s own Confidential Information, but not less than a reasonable degree of care.
- Neither Party will use the Confidential Information for any purpose other than that for which it was provided. If either Party is in any doubt as to the intended purpose for use of the Confidential Information, such Party will immediately (and before using the Confidential Information) seek clarification from the other Party.
- Neither Party will copy, reproduce or store the Confidential Information without the other Party’s prior consent whether electronically, on any external drive (including a USB thumb drive) or in the “cloud.” Each Party will secure physical and electronic access to the Confidential Information.
- Neither Party will assert any right, title or property interest to the Confidential Information of the other Party.
- Upon the expiration or other termination of the Term, and at such other times as either Party may request, each Party will return to the other Party all information, strategic briefs, reports, memos, presentations, letters, copies, manuals, drawings, blueprints, discs, e-mails CD-ROMs and all other materials relating to the other Party’s business, including all Confidential Information, in such Party’s work space, personal possession or control. In addition, upon the expiration or other termination of the Term, and at such other times as either Party may request, each Party will deliver to the other Party an executed certificate confirming that such Party has promptly returned to the other Party or shredded or destroyed all information, strategic briefs, reports, memos, presentations, letters, copies, manuals, drawings, blueprints, discs, e-mails, CD-ROMs and all other materials relating to the other Party’s business, including all Confidential Information, in such Party’s work space, personal possession or control.
- Each Party agrees that information shall not be deemed Confidential Information and the other Party shall have no obligation whatsoever under this Agreement with respect to such information that is or becomes (through no breach of this Agreement by the other Party) generally available to the public, or was in the other Party’s possession or known by the other Party prior to receipt from such Party as demonstrated by the other Party through written documentation (if available) or otherwise.
- Either Party may make disclosures required by valid order of any court or other authorized governmental entity, provided such Party promptly notifies the other Party and provides reasonable cooperation, at the other Party’s expense, with the other Party’s efforts, if any, to limit disclosure and to obtain confidential treatment or a protective order.
- Each Party agrees that such Party’s obligations under this paragraph 11 shall continue beyond the expiration or other termination of the Term and shall be binding upon such Party’s legal representatives, heirs, successors, assigns, subsidiaries and affiliates and shall inure to the benefit of the other Party, the other Party’s subsidiaries and affiliates and their legal representatives, heirs, successors and assigns.
The Client agrees that by engaging the Services, they may be working with and have material and personal contact with employees of the Contractor. The Client therefore covenants and agrees that during the Term and for two (2) years after the termination thereof, regardless of the reason for the termination of the Service, the Client will not, directly or indirectly, on its own behalf or on behalf of or in conjunction with any person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any of the Contractor’s staff with whom the Client had personal contact, to terminate their employment relationship with the Contractor. The Client agrees that should the Client violate the terms of this Agreement, Client will be liable for a liquidated damage in the amount of $75,000 per each employee induced to separate from the Contractor and all reasonable costs and attorney fees.
13. Disclaimer of Warranties
While the Contractor ensures that the Service is rendered efficiently and Your projects and tasks are approached with meticulous attention to detail and are being accomplished with the desirable outcome in mind we take no responsibility and give no warranty of any kind if Parties don’t reach consensus on the concept of properly carried out assignment and fail to reach a compromise. We do our best to satisfy the needs and meet expectations of our clients but contingent upon inextricable and unresolvable differences we cannot be held accountable either legally or morally.
14. Limitation of Liability
THE CONTRACTOR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF SERVICE OR THE INFORMATION PROVIDED FROM IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SATISFACTION GUARANTEE CONTAINED WITHIN THE AGREEMENT LIMITS THE CLIENT TO A REFUND OF ONLY THE UNUSED PORTION OF PRE-PAID TIME AND DOES NOT CREATE A CLAIM FOR DAMAGES AND DOES NOT CONFLICT WITH THIS LIMITATION OF LIABILITY.
As our Client, You agree to indemnify and hold the Contractor, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Your use of the Service, the violation of this Agreement, or infringement by You, or other user of the Services using the Client’s computer, of any intellectual property or any other right of any person or entity.
16. Client Account
The Client will receive a password and an account. The Client is entirely responsible for any and all activity that occurs under their account whether authorized or not. The Client agrees to notify us of any unauthorized use of the client’s account or any other breach of security that becomes known by the Client. The Client is entirely responsible for any unauthorized activity that occurs under their account as a result of the Client’s failure to maintain security of its account. The Client’s right to use the Services is personal to the Client. Client agrees not to resell or make any commercial use of the Services without the express written consent of the Contractor.
17. Compliance with Laws
The Client assumes all knowledge of applicable law and is responsible for compliance with any such laws. Client may not use the Service in any way that violates applicable local, state, federal, or international laws, regulations or other government requirements. The Client further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
If a dispute arises regarding the interpretation or enforcement of any provision of this Agreement, the Parties agree to meet in person or by telephone to attempt in good faith to resolve the dispute. If that discussion fails, they agree to submit the dispute to a mediator acceptable to each of them, with the mediator’s fee being shared equally. If the mediator fails to bring about a mutual resolution of the dispute, the same person shall arbitrate. The arbitrator’s decision shall be binding on the Parties and shall include an allocation of the costs for the mediation/arbitration service.
19. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by VAfromEurope.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to Your participation as the Client.
If You do not agree to the terms and conditions of this agreement, You should immediately cease all usage of the Service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted to VAfromEurope.com website. You will be notified of changes to the Terms of Service Agreement by the email account that You use to register for the Service. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.