CLIENT CONTRACT EXECUTION:
A fully executed contract has been completed during checkout process.
In these terms & conditions, the party who is contracting to receive the services shall be referred to as the “Client”, and the party who will be providing the services shall be referred to as the “Service Provider”. There will also be a one-time $200 setup fee to onboard your virtual team member.
NON-DISCLOSURE AND NON-SOLICITATION
Service Provider shall not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to Client, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets.
Furthermore, Service Provider agrees that during the term of this Agreement, and for 2 years following the termination of this Agreement, Service Provider shall not directly or indirectly solicit or attempt to solicit any customers or suppliers of Client other than on behalf of client himself.
Anti-Solicitation - CLIENT acknowledges and understands that PROVIDER has devoted and continues to devote significant resources, specifically including, but not limited to, financial and training resources, to the development and overall quality of the virtual team members that PROVIDER employs. Accordingly, CLIENT also acknowledges and understands that if CLIENT, directly or indirectly, solicits the services of any particular virtual team member, PROVIDER will incur significant damages.Accordingly, CLIENT hereby agrees that it shall not, in any event and for a period of FIVE (5) years, solicit any virtual team member for employment or direct engagement as an independent contractor or otherwise offer employment or direct engagement to any virtual team member.
Liquidated Damages - CLIENT acknowledges and understands that PROVIDER will incur significant damages in the event that CLIENT breaches per paragraph above. Client further acknowledges and understands that said damages are, at the time of execution of this Agreement by both Parties, extremely difficult to quantify. Accordingly, CLIENT acknowledges and understands that said damages are hereby agreed in the event of a breach by CLIENT of paragraph above to be liquidated and in the amount of ONE THOUSAND DOLLARS ($1,000) for each day that any virtual team member employed by PROVIDER directly provides Services to CLIENT either as an employee or independent contractor. Regarding said amount of agreed-upon liquidated damages, CLIENT hereby acknowledges and understands that said amount of liquidated damages is fair and reasonable given the circumstances known to theParties at the time of execution by both Parties of this Agreement.
WORK PRODUCT OWNERSHIP
Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part in Service Provider in connection with the Services shall be the exclusive property of the Client. Upon request, Service Provider shall sign all documents necessary to confirm or perfect the exclusive ownership of the Client to the Work Product.
IF REAL ESTATE LICENSE TASKS ARE REQUIRED
Virtual assistant will not perform tasks that require a real estate license.
The Service to be provided under this Agreement shall be performed at the Service Provider’s place of business or at virtual assistant's remote place of work.
Either party may terminate this agreement upon 90 days written notice to the other party. After the 90 day period, the Client may terminate this agreement upon 30 days prior written notice to the other party. Provided, however, that each party may terminate the Agreement immediately without prior notice in the event of a breach of this Agreement by the other party. Upon Termination, Service Provider shall invoice Client for any payment due, and payment will be due immediately upon receipt.
Early Termination - If you would like to terminate the agreement before the 90 days, there are two options: pay the remainder of the agreement upfront, or keep the monthly installments in tact until the 90 days has been completed.
Monthly Rate - Client understands and agrees that the monthly rate for an ASSISTANTLY LLC virtual team member shall be as agreed in the executed contract. Client agrees that for each one-year period that Client utilizes the same ASSISTANTLY LLC virtual team member, that virtual team member's hourly fee shall be increased by $1.25 per hour. By way of example, if Client elects to utilize the same ASSISTANTLY LLC virtual team member for the (3) consecutive years, the member's hourly rate will be increased by a total of $3.75 ($1.25/year) during that three-year period.
TOOLS & SERVICES
Any software, telephony or any other systems required by Client to be used by virtual assistant to perform tasks, shall be provided and paid for by Client. This includes, but is not limited to CRM, email marketing software, database software, graphic design software, VOIP services, Client company email service, etc.
RELATIONSHIP OF PARTIES
It is understood by the parties that Service Provider is an independent contractor with respect to the Client and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Service Provider.
Service Provider will not be liable for loss, damage or delay of Client’s project due to circumstances beyond Service Provider's control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, and inability to contact Client. In the event of such loss, damage or delay, Service Provider will make every effort to notify Client immediately.
Service Provider will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Service Provider and Processor, or divulge, disclose or communicate in any manner any information that is proprietary to the Client. Service Provider will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Service Provider will return to Client all records, notes, documentation, and other items that were used, created, or controlled by Service Provider during the term of this Agreement with the exception of items purchased by Service Provider, and not reimbursed by the Client.
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 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.