Last Updated: September 27, 2022
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS TERMS AND CONDITIONS OF USE PRIOR TO SIGNING UP FOR A SERVICE PLAN. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.
Section 1 – Introduction & Consent to Terms.
Welcome to Assistantly, LLC, a California limited liability company’s (referred to herein as “Assistantly”, “we”, “us”, or “our”) Terms & Conditions of Use (referred to herein as the “Terms”). Assistantly was created to make it fast & easy to hire quality virtual assistants for your business. Thank you for choosing Assistantly!
If you do not agree to these Terms, we ask that you please not use our virtual assistant matching services (our “Services”). Signing up and becoming a user of our Services constitutes explicit acceptance of these Terms.
These Terms apply to all users of our website, https://www.assistantly.com/ (our “Website”), our mobile website, our social media accounts, and other platforms owned, operated, or managed by Assistantly, now in effect or hereinafter created, as well as our Services.
If you are using our Website or our Services on behalf of a third-party, you represent and warrant that you are authorized to accept these Terms on such party’s behalf and that such entity agrees to be responsible to us if you or that person violates these Terms.
We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to these Terms. Any modification to these Terms will be notated at the top of these Terms.
Section 2 – Third-Party Disclaimer.
Please be advised that Assistantly is not a party to the services agreement between persons or entities looking for virtual assistant(s) (hereinafter a “User” or “Users”)) and the person(s) providing virtual assistant services (each, a “Virtual Assistant” or collectively “Virtual Assistants”). Assistantly facilitates the Services and does not provide any of the services provided by your Virtual Assistant.
Assistantly makes no representations or warranties about a Virtual Assistant or the services they provide, all of whom are independently contracting third-parties and are not employees or agents of Assistantly. Any statement found on our Website or make in connection with our Services regarding the quality or attributes of a Virtual Assistant is/are based on the submitted experience or skillset of a Virtual Assistant or the interview(s) we have performed and are not representations or warranties of Assistantly. Virtual Assistants do not have any authority of any kind to bind Assistantly by any action, inaction, representation, promise, or agreement.
While Assistantly takes steps to protect you from persons with inadequate experience, skills, or education, and has put into place procedures to competently vet all actual or potential Virtual Assistants, we cannot guarantee any level of performance by a Virtual Assistant.
YOU HEREBY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES OR FOR ANY REASON WILL ASSISTANTLY BE LIABLE FOR THE ACTIONS OR INACTIONS OF YOUR VIRTUAL ASSISTANT(S). AS THIRD-PARTIES, YOU AGREE THAT THE VIRTUAL ASSISTANT(S) WILL BE SOLELY RESPONSIBLE FOR THEIR CONDUCT AND SHOULD THERE BE AN ISSUE OR DISPUTE OF ANY KIND WITH REGARD TO THE ACTIONS OR INACTION OF YOUR VIRTUAL ASSISTANT(S), THE VIRTUAL ASSISTANT(S), NOT ASSISTANTLY, WILL BE THE PROPER PARTY FOR SAID DISPUTE(S). ASSISTANTLY IS SOLELY THE PROVIDER OF THE SERVICES, NOT THE SERVICES OF A VIRTUAL ASSISTANT, AND WHILE WE DO INTERVIEW VIRTUAL ASSISTANT(S) FOR YOUR NEED(S), YOU ARE THE SELECTOR OF THE PERSON OR PERSONS THAT END UP PROVIDING SERVICES FOR YOUR COMPANY AND HAVE MADE YOUR OWN INDEPENDENT DECISION TO HIRE THE VIRTUAL ASSISTANT YOU HAVE CHOSEN.
By using our Services, you expressly waive Assistantly, our employees, agents, owners, and principals from all liability arising from your relationship with your Virtual Assistant(s), specifically including any action or inaction of your Virtual Assistant(s).
Section 3 – Eligibility & User Account.
Access to and use of our Services is not meant to be used by anyone under the age of eighteen (18) and we do not target persons under this age to provide our Services. By using our Services, you represent and warrant that (a) you are at least eighteen (18) years old; (b) have a working smartphone or computer; and (c) you have the full power and authority to enter into these Terms.
To register for our Services, you are required to fill out the sign-up form on our Website (a “User Account”) and provide information about you or your business, as requested when prompted.
By registering for our Services and becoming a User, you further represent and warrant that (a) all information submitted is true and correct to the best of your knowledge; (b) if there are any errors or inaccuracies on your User Account, you will update this information as soon as you discover the inaccuracy; (c) you will maintain and continue to update your User Account to ensure that at all times it is current and accurate; and (d) you are only authorized to register a third-party if you have consent from that third-party to do so.
We reserve the right to refuse or terminate access to our Services to any person or entity, for any reason.
Finally, you are solely responsible for maintaining confidentiality of your password and account information and are responsible for all activity that takes place on your account.
Section 4 – Services and How Our Process Works.
Our Services involve an easy five (5) step process, as outlined below:
Step 1 – Watch demo/discovery call & sign up;
Step 2 – We search, select, and interview candidates based on your specific needs, which are then sent to you;
Step 3 – Interview your candidates to find the best fit for you and your team;
Step 4 – Onboard with a systemologist; and
Step 5 – Begin working with your assistant.
Simple as that!
Section 5 – Final Hire Details, Equipment, and Duty to Manage.
Once you have chosen the specific person(s) you would like to hire as your Virtual Assistant, the hours, times, and Virtual Assistant information to be provided will be evidenced by a separate written document (referred to herein as the “Final Hire Details”).
Outside of a computer, smartphone, and workplace items like pens and pencils, you are required to, at your own expense, provide for your Virtual Assistant all tools and equipment necessary to perform services for you or your company.
Unless otherwise agreed, your Virtual Assistant will not be working on the following holidays:
New Year’s Day– January 1
Memorial Day –May 31
IndependenceDay – July 4
Labor Day –September 6
ThanksgivingDay – November 25
Christmas Day –December 25
Please be aware that it is your responsibility to oversee, supervise, and manage the Virtual Assistant.
Section 6 – Service Plans and Subscription.
We offer a monthly service plan for our Services (referred to herein as our “Service Plan” or “Service Plans”). Our available Service Plans are described in detail on our Website.
Each Services plan will include a certain number of hours for each time period you have selected. The specific hours for your Service Plan must be used each month and will not roll over to the timeframe.
Please be advised that if you go over the allotted hours in your Service plan, each additional hour will be charged to you at an additional one hundred percent (100%) of the hourly rate in your Subscription Plan. By way of example, if your Virtual Assistant costs you fifteen dollars ($15.00) per hour, you will be required to pay an additional thirty dollars ($30.00) per hour over your limit.
WHEN YOU PURCHASE A SERVICE PLAN, YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT YOUR SERVICE PLAN WILL CONTINUE IN PERPETUITY UNLESS CANCELED OR SUSPENDED IN ACCORDANCE WITH THIS AGREEMENT. FAILURE TO KEEP AN ACTIVE CREDIT CARD, FAILURE TO PAY, OR FAILURE TO ENGAGE YOUR VIRTUAL ASSISTANT FOR SOME OR ALL OF THE HOURS EACH MONTH DOES NOT CONSTITUTE CANCELLATION OF YOUR SERVIVCE PLAN.
If you find that you’re regularly hitting the maximum in your Service Plan, we recommend upgrading or contacting us so that we can find or develop a Service Plan that meets your needs.
Section 7 – Terms of Sale & Payment.
Each Service Plan is recurrent and will automatically renew without any action by you. You will be charged in accordance with the plan you select. If you want to terminate your Service Plan, you need to terminate them in accordance these Terms. Payments will be run monthly on the date prior to your Virtual Assistant starting.
When you provide payment information, you represent and warrant that the information you provide is accurate and that you are authorized to use the payment method provided. By providing a credit card, you represent and warrant that you authorize us or our third-party payment processing company to charge your payment method for all charges you incur in connection with your use of our Services. You agree that you are responsible to pay for and will pay for all such charges.
No chargebacks of any kind are permitted. If you charge back a payment made to Assistantly and Assistantly wins the dispute, you agree to pay a five-hundred-dollar ($500.00) administrative fee which is not a penalty but is instead liquidated damages based on the estimated time and labor needed to deal with your chargeback.
Failure to pay each month, in full, will accrue interest at three percent (3%) per month until paid. At any time after your failure to pay, Assistantly can transfer your invoice, account, and any past-due payments to a collection agency or attorney. If any past-due payments are transferred to a collection agency or attorney, Assistantly shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.
Under no circumstances will the Virtual Assistant or Assistantly cover any of the expenses you incur in connection with having or hiring a Virtual Assistant.
Client agrees that for each one-year period that the Client utilizes the same Assistantly virtual assistant, that virtual assistant's hourly fee shall be increased by $1.50 per hour. By way of example, if Client elects to utilize the same Assistantly virtual assistant for (3) consecutive years, the assistant's hourly rate will be increased by a total of $4.50 ($1.50/year) during that three-year period.
Section 8 – Refund Policy.
We do not offer refunds for our Services.
If you are unhappy with your Service Plan, please contact us and we can discuss ways to improve your use of our Services.
If you no longer wish to use our Services, please terminate your Service Plan in accordance with the terms found herein.
Section 9 – Non-Refundable Deposit.
Shortly after agreeing to the Terms and hiring Assistantly to provide the Services, you will be required to pay an initial $199 non-refundable deposit/setup fee. This will be charged upon completion of the authorization form.
Please be advised that Assistantly will not begin providing the Services, including its search for your virtual assistant, until the Deposit is paid. If your Deposit is not paid within thirty (30) days of agreeing to these Terms and hiring Assistantly, these Terms and your engagement with Assistantly will automatically expire.
Your Deposit is non-refundable. Your Deposit is not contingent on hiring a Virtual Assistant. Your Deposit is not contingent on being satisfied with the candidates chosen by Assistantly.
By paying the Deposit, you agree that the non-refundable nature of the Deposit is directly tied to the time, energy, and costs Assistantly will incur in providing the Services, including but not limited to communication with you, setting up your account, finding persons to interview, interviewing potential virtual assistants, and setting up virtual assistants for your review.
The Deposit will be applied to your first month’s payment owed to Assistantly, so long as it is used within thirty (30) days of engaging Assistantly. Unused Deposit funds will be kept by Assistantly and not applied to compensation owed after this thirty (30) day period.
Section 10 – Term & Termination.
Our Service Plans are offered to you on an initial three (3) month term, which will then automatically renew for successive one (1) month terms. Unless you cancel your Service Plan in accordance with this Agreement, it will continue in perpetuity.
If you cancel your Service Plan during the initial three (3) month term, you will be required to pay for all three months. Due to the amount of time Assistantly initially expends with each User, namely the time and effort it takes to find and arrange qualified Virtual Assistant(s), if we were to permit early cancellations, we would do so at a substantial loss to Assistantly. Therefore, requiring an initial three (3) month term is not a cancellation penalty but is instead directly correlated to the time and energy we initially spend, as well as potential damages, and is therefore ‘liquidated damages’ under California law. You agree that this paragraph was specifically bargained for in the negotiation of this Agreement.
Cancellation of your Service Plan must be made via any of the means listed on our Website. All cancellations must be in writing. Cancellation will be effective ten (10) days from when given.
Section 11 – Non-Solicitation, Indirect Payment, Liquidated Damages, and Buy-Out.
You are not permitted to directly pay your Virtual Assistant(s). All payments must be made directly through our third-party payment processor.
If you directly pay your Virtual Assistant(s), this will not reduce or negate your payment obligations owed to Assistantly, all of which are and shall remain in place subject to the terms found herein.
You are not permitted to directly hire your Virtual Assistant(s) during the term of this Agreement and for a period of two (2) years thereafter.
If you solicit or hire, directly or indirectly, a Virtual Assistant and circumvent the payment obligations detailed in these Terms, you agree to pay Assistantly liquidated damages in the amount of ten thousand dollars ($10,000.00) (referred to herein as the “Liquidated Damages”). You agree that the Liquidated Damages is not a penalty but is instead agreed-upon damages that are difficult to ascertain at the time of entering into these Terms and are directly tied to the time spent by Assistantly finding Virtual Assistants, lost income of Assistantly, and breach of these Terms.
Alternatively, you can elect to buy-out your Virtual Assistant of these Terms by paying to Assistantly a one-time conversion fee of fifteen thousand dollars ($15,000.00) or twice the annual rate of the compensation to the Virtual Assistant, whichever is higher (a “Buy-Out”). A Buy-Out will negate the Liquidated Damages found above. Your Buy-Out must be evidenced by a separate written agreement between you and Assistantly.
Section 12 – Community Guidelines.
You are prohibited from using our Services:
a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; or
d) for any obscene or immoral purpose.
We reserve the right to terminate your use of our Services for violating any of these community guidelines.
Section 13 – Assistantly Intellectual Property.
The contents of our Website are protected by United States and international copyright laws. The contents of our Website are owned exclusively by Assistantly or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Website (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Assistantly.
Assistantly and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of Assistantly. All rights in these Marks are reserved by Assistantly. You may not use any Assistantly-provided Marks or other logos or graphics, without our prior written consent.
We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our Website. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download the Website or any and/or all content except as is necessary to view and/or use our Website; (b) make any use of the Website or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either the Website or any and/or content; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of the Website automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.
Section 14 – Work Product.
All work product created by your Virtual Assistant (referred to herein as the “Work Product”) will be owned exclusively by you as a ‘work made for hire’, contingent on all payments being made to Assistantly.
“Work Product” shall include the physical deliverables and all work of your Virtual Assistant.
Section 15 – Term & Errors.
These Terms will remain active and in full force and effect so long as they are posted on our Website.
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, at any time.
Section 16 – General Disclaimer.
OUR WEBSITE AND SERVICES ARE PROVIDED 'AS IS' AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ASSISTANTLY AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF USING OUR SERVICES.
Section 17 – Limitation of Liability.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT ASSISTANTLY RECEIVED IN CONNECTION WITH YOUR SERVICES IN THE ONE (1) MONTH PRIOR TO THE DISPUTE.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOU ARE NOT REQUIRED TO CONTINUE TO USE OUR SERVICES. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Section 18 – Indemnification.
You agree to defend, indemnify, and hold Assistantly, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand arising from your breach of these Terms or breach of applicable law.
Assistantly agrees to defend, indemnify, and hold you harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand arising from its breach of these Terms or breach of applicable law.
In order to operate and provide the best experience on our Website, we may collect certain information about you. You acknowledge that when you use our Website and Services, we may use various automatic means, which include but are not limited to, cookies and web beacons, to collect information about your mobile device, computer, and about your use of our Website and Services.
Moreover, you explicitly agree that we may use any information we collect from you or information you provide to us in connection with Services for other reasons such as data analysis, developing new services, sending marketing campaigns, creating content, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our campaigns and any reasonable reason(s) connected to our business, subject to applicable law.
You can always opt-out of marketing campaigns via the communication you receive or by emailing us at the email listed below.
Section 20 – General Provisions.
Entire Agreement. These Terms contains the entire agreement between you and Assistantly except for any Services or cost-specific information found on our Website.
Waiver. The failure by Assistantly to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Assistantly prior written consent.
Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and Assistantly.
Applicable Law/Dispute Resolution. This Agreement shall be governed by the laws of the State of California. Except for non-payment by you, any dispute arising from or related to this Agreement or your use of the Services shall be subject to binding arbitration in Orange County, CA. The prevailing Party in any such dispute shall be entitled to recover its/his/her reasonable attorney’s fees and costs. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division. Assistantly and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located. Should either party forego arbitration, that party shall be barred from recovering their attorneys’ fees or costs.
Class Action Waiver. To the extent permitted by applicable law, you and Assistantly agree that any dispute arising out of these Terms or the Services provided by Assistantly is personal to you and Assistantly and that any disputes, if any, will be resolved solely through individual arbitration (except for non-payment by you) and will not be brought as a class arbitration, class action or any other type of similar proceeding.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators 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.
Section 21 – Questions?
If you have any questions or comments regarding these Terms, please feel free to contact us by email at the email listed on our Website.