VA+ Terms & Conditions and Service Agreement

  1. DESCRIPTION OF SERVICES.
    VA+ (Also known as VA Plus and the "Provider") will provide the following services (collectively, the "Services"): Marketing, leads, tools, virtual assistants, business services, websites, support, and other small business services that the "Client" desires.

  1. PAYMENT.
    Payment shall be made to Provider in the total amount as selected by the Client at time of registration. In addition to any other right or remedy provided by law, if the Agent fails to pay for the Services when due, VA+ has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Agreement and/or seek legal remedies.

  1. TERM.
    This Agreement will terminate automatically upon completion by Provider of the Services required by this Agreement for the term selected by the Client.

  1. WORK PRODUCT OWNERSHIP.
    Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Provider in connection with the Services will be the exclusive property of Recipient, for as long as the work products remain hosted via Provider subscription by the client. Upon request, Provider may transfer work products in some shape or form to the Client upon termination of their subscription for a fee to be negotiated based on the complexity of the work product.

  1. CONFIDENTIALITY.
    Provider, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Provider, or divulge, disclose, or communicate in any manner, any information that is proprietary to Recipient. Provider and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Recipient of these confidentiality obligations which allows Provider to disclose Recipient's confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.

  1. DEFAULT.
    The occurrence of any of the following shall constitute a material default under this Contract:

a. The failure to make a required payment when due.

b. The insolvency or bankruptcy of either party.

c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

d.The failure to make available or deliver the Services in the time and manner provided for in this Contract.

  1. ATTORNEYS' FEES AND COLLECTION COSTS.
    If there is dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses.

  1. REMEDIES.
    In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

  1. FORCE MAJEURE.
    If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

  1. DISPUTE RESOLUTION.
    The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

  1. ENTIRE AGREEMENT.
    This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

  1. SEVERABILITY.
    If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

  1. AMENDMENT.
    This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

  1. GOVERNING LAW.
    This Contract shall be construed in accordance with the laws of the State of Texas.

  1. NOTICE.
    Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

  1. WAIVER OF CONTRACTUAL RIGHT.
    The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

  1. ATTORNEY'S FEES TO PREVAILING PARTY.
    In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.

  1. CONSTRUCTION AND INTERPRETATION.
    The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

  1. ASSIGNMENT.
    Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written.

VA+ TERMS AND CONDITIONS

1. Acceptance of Terms and Conditions

By accessing or using VA Plus services, you agree to abide by these terms and conditions. If you do not agree with any part of these terms, you may not use our services.

2. Services Offered

VA Plus offers technology solutions and virtual assistant services for real estate investors and small businesses. These services may include but are not limited to administrative support, data entry, research, communication management, marketing, website development, and other tasks as outlined in the scope of work.

3. Client Obligations

Clients are responsible for providing accurate and complete information regarding their needs and requirements, and shall notify VA+ management immediately if their documented needs and requirements are not being met. Clients are also responsible for promptly providing necessary materials, access, and instructions to VA Plus for the completion of tasks. Clients are required to provide notice of termination of services 14 days in advance, and will be charged for services through that period.

4. Confidentiality

VA Plus acknowledges that it may have access to sensitive and confidential information belonging to clients. VA Plus agrees to maintain the confidentiality of such information and not to disclose it to third parties except as required to fulfill the scope of work or as required by law.

5. Payment

Clients agree to pay the fees specified in the agreed-upon contract for the services provided by VA Plus. Payment terms and methods will be outlined in the contract. Failure to make timely payments may result in the suspension or termination of services.

6. Intellectual Property

Any materials, documents, or work produced by VA Plus as part of its client services shall remain the intellectual property of the client. VA Plus retains no rights to any intellectual property produced for the client.

7. Data Protection and Indemnification

a. VA Plus shall take reasonable measures to safeguard the client's data, including implementing industry-standard security practices to prevent data breaches or losses. However, clients acknowledge and agree that VA Plus shall not be liable for any losses, damages, or unauthorized access to data.

b. Clients agree to indemnify and hold VA Plus harmless from any claims, damages, losses, liabilities, costs, and expenses arising out of or related to data losses, data breaches, or any activities of virtual assistants employed by VA Plus on behalf of the client.

8. Termination

Either party may terminate the services with written notice. In the event of termination, the client agrees to compensate VA Plus for services rendered up to the termination date. No refunds will be issued once payment is made, so it is the responsibility of the Client to monitor their monthly subscription fees and payment dates, and terminate in a timely manner. No refunds will be given once payment on membership, Flex time, or other VA+ products is made. In case of termination due to insolvency of the Provider, Clients shall receive compensation for unrendered VA services through at-cost arrangements with VA+ virtual assistants and contracting staff. No monetary compensation shall be provided.

9. Limitation of Liability

VA Plus shall not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising from the use of our services.

10. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the state of Texas without regard to its conflict of law principles.

11. Modification of Terms

VA Plus reserves the right to modify these terms and conditions at any time. Clients will be notified of any changes, and continued use of our services constitutes acceptance of the modified terms.

12. Membership Plan Terms

If you accumulate hours through our membership program and choose to terminate your membership, any unused hours will be forfeited. Clients are required to utilize their accumulated hours before ending their membership. Unused hours cannot be carried over or transferred to another account. By terminating your membership, you agree to waive any claim to unused hours accumulated during your membership period. We reserve the right to amend or modify this policy at our discretion.

ADDITIONAL TERMS AND CONDITIONS

Disclaimer of Warranties and Lead Generation

VA+ hereby disclaims all warranties, express or implied, concerning the quantity, frequency, or quality of leads generated through its marketing campaigns. VA+ makes no representations or guarantees regarding a minimum threshold of leads or the consistent quality of such leads, which extends to, but is not limited to, the accuracy or reliability of contact information, including email addresses and phone numbers. Furthermore, VA+ disclaims any warranties relating to the performance or quality of its virtual assistants or other personnel engaged in tasks on behalf of clients.

Client Responsibilities and Quality Monitoring

Clients acknowledge their sole responsibility to monitor the performance and quality of services rendered by VA+ personnel diligently. Clients are obliged to report promptly to VA+ any deficiencies in service quality or performance so that VA+ may endeavor to address and rectify such issues in a timely manner.

No Refund Policy

VA+ underlines that no refunds or credits will be issued for claims related to service quality or performance deficiencies unless such refund or credit is expressly approved by VA+ leadership, upon their determination that such compensation is warranted under the circumstances. Clients, by engaging VA+ services, agree to these terms, acknowledging the limitations of liability and their responsibilities in monitoring and reporting on the quality of services provided.

Liability Exclusion

The Client acknowledges that VA+ is not liable for any legal, regulatory, or other adverse consequences arising from the use of VA+ services or products. This encompasses, but is not limited to, any fines, penalties, or legal actions initiated against the Client due to non-compliance with regulations such as the Do Not Call (DNC) Registry, the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act, the Telephone Consumer Protection Act (TCPA), or any other applicable laws or regulations.

Usage Restrictions on Lead Lists

VA+ Lead Lists are exclusively for the use of VA+ clients and are strictly prohibited from being shared, except with immediate family members directly assisting in the Client's business operations, or with direct business partners within the Client’s Limited Liability Company (LLC) or other legal business entity.

No Guarantees on Lead List Quality

VA+ makes no representations or warranties regarding the minimum quantity or quality of the leads, skip tracing, or DNC scrubbing services provided.

Client Conduct and Termination Rights

VA+ reserves the right to immediately terminate services, without a refund, in instances where the Client or their representatives engage in verbal abuse, inappropriate or personal comments, humiliation, or solicitation of VA+ employees. Further, VA+ retains the right to seek reparations for any reputational damage or other harm caused by the Client’s actions or statements.

Intellectual Property and Confidentiality

The Client agrees not to copy, disclose, or utilize VA+’s processes, procedures, products, plans, internal communications, marketing strategies, websites, or any other intellectual property or proprietary processes developed by VA+ and its team members for any purpose outside of the services provided by VA+. Unauthorized use or disclosure by Clients or partners may result in legal action, with the violator responsible for all related legal expenses and potential damages for loss of business incurred by VA+.

Disclaimer Regarding Service Availability

VA+ hereby informs its clients that the availability of virtual assistant services may be subject to unforeseen interruptions or limitations due to adverse weather conditions, power outages, network disruptions, or other similar events beyond our control. While VA+ is committed to maintaining the highest standards of service reliability, these external factors may occasionally impact our virtual assistants' ability to perform their duties or be available at scheduled times.

Limitation of Liability

VA+ shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VA+ has been advised of the possibility of such damages), resulting from the inability of virtual assistants to provide services due to conditions of force majeure, including weather conditions, power failures, or network disruptions.

Proactive Measures and Client Communication

VA+ endeavors to take proactive measures to minimize service disruptions, including but not limited to, the implementation of contingency plans and backup systems to ensure continuity of service where possible. In the event of an anticipated or actual service disruption, VA+ commits to communicating promptly and effectively with our clients, providing updates on service status and anticipated resolution timelines.

Acknowledgment by Clients

By utilizing VA+ services, clients acknowledge and accept the potential for service interruptions under the circumstances described herein and agree that VA+ shall not be liable for any consequences arising from such service interruptions. Clients further agree that their exclusive remedy for any service interruption is to receive service credits or adjustments as specifically determined and offered by VA+ at its sole discretion.

By agreeing to these terms, the Client acknowledges their understanding and acceptance of the limitations, liabilities, and responsibilities as outlined above.

Updated 10/6/2023

© Copyright VAPlus 2023. All rights reserved.