AGREEMENT BETWEEN CLIENT AND SMART VAS LLC

Welcome to smartvirtualassistants.com. The smartvirtualassistants.com website (the "Site") is comprised of various web pages operated by Smart VAs LLC. smartvirtualassistants.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of smartvirtualassistants.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

DESCRIPTION OF SERVICES

To ensure the quality of our services, we have set up our terms of service for our mutual benefit. If you violate these rules it will mean you've broken the terms of service and this may result in a termination of your account.

Effective today, once payment has been made, Smart VAs will provide you with a dedicated Virtual Assistant with the skills and requirements you required during the consultation & on-boarding phase.

 Smart VAs plans and your Smart VAs account are non-transferable. You cannot transfer your account to somebody else or sell, or give away tasks on your plan.

All Smart VAs plans are governed by a monthly hour limit by plan type. If these hours are unused by the next billing cycle, the hours will not carry over to the next cycle.

Any agreement or attempted agreement between client and virtual assistant, in connection with a service contract, requiring that payment be made outside of Smart VAs shall constitute a material breach of this agreement and be subject to cancellation without refund.

REQUESTS & TASKS

All tasks or requests must be submitted via our Project Management Tool – Teamwork or via email if you decide to use your own Project Management Tool. Please send complete and specific requests: this means that each communication you have with your assistant should contain a defined task.

For a list of example tasks that we will and won't do, please visit “Our Services” page. That should give you a good idea of what we're able to accomplish and what we cannot do for you. Agreeing to these terms of service means you understand and agree to keep your tasks within the scope of our business.

PAYMENT FOR SERVICES

You authorize Smart VAs or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method. When you initially subscribe to a Subscription Service, you will be charged immediately for the initial period of the subscription at the then-current fee. By choosing a product with a recurring payment plan, you acknowledge that such Subscription Service has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

 Smart VAs and its supplied worker/s will not perform services without payment of fees at the beginning of each month's cycle.

CANCELLATIONS

All subscriptions renew automatically until canceled by the user. To change or terminate your Subscription Services at any time, access your Smart VAs account or contact accounts@smartvirtualassistants.com. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

TERMINATION OF SERVICE

Smart VAs reserve the right to terminate the service at any time — for any reason. We may end our relationship with a client for any number of reasons including but not limited to the following:

1.     If the client is constantly requesting tasks outside the scope of their service plan and we're unable to provide the service. 

2.     If the client is abusive to his/her assistant or any other Smart VAs team member

 When this occurs, we will give you a prorated refund at the standard monthly rate for any period for which you have already paid.

 NON-SOLICITATION PROVISION

I acknowledge that Smart VAs LLC has made large investments in recruiting, training and matching skilled virtual assistant with each of its members including me, and that Smart VAs LLC  has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that Smart VAs LLC  has agreements with virtual assistants that protect this interest by requiring that virtual assistants obtain Smart VAs LLC  prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the client to whom they were assigned. Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twelve (12) months immediately following the termination of my relationship with Smart VAs LLC  for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any virtual assistant who is assigned to me at that time or who was assigned to me within the 12 months preceding termination of my relationship with Smart VAs LLC  to leave his or her employment with Smart VAs LLC  and to work for me in any engagement directly or indirectly. Should any solicitation by me become a substantial factor resulting in a virtual assistant leaving Smart VAs LLC  and accepting an engagement with me directly or indirectly without Smart VAs LLC  consent, I agree to pay Smart VAs LLC  as liquidated damages reasonably calculated to compensate Smart VAs LLC  for its lost investments and not as a penalty of any kind, a one-time fee equivalent to one year of my monthly Smart VAs LLC  subscription in effect at the most recent date that the virtual assistant had been assigned to me by Smart VAs LLC.

OWNERSHIP

The Parties intend that, to the extent the Work Product or a portion of the Work Product qualifies as a "work made for hire," within the definition of Section 101 of the Copyright Act of the United States (17 U.S.C. § 101), it will be so deemed a work made for hire. If the Work Product or any portion of the Work Product does not qualify as work made for hire, and/or as otherwise necessary to ensure the Company's complete ownership of all rights, titles and interest in the Work Product, the Contractor shall transfer and assign to the Company all rights, titles and interests throughout the world in and to any and all Work Product. This transfer and assignment includes, but is not limited to, the right to publish, distribute, make derivative works of, edit, alter or otherwise use the Work Product in any way the Company sees fit.

The Company grants the Contractor, a limited, non-exclusive, non-transferable, non-assignable, royalty free, worldwide license to display the Work Product on a platform personally controlled, in whole or in part, by the Contractor. The Company may revoke this license at any time by requesting the removal of the Work Product displayed by the Contractor. Upon such request, the Contractor shall remove the Work Product from the platform, and provide written notification of such removal.

CONFIDENTIAL INFORMATION

Each Party (on its behalf and on behalf of its subcontractors, employees or representatives, or agents of any kind) agrees to hold and treat all confidential information of the other Party, including, but not limited to, trade secrets, sales figures, employee and customer information and any other information that the receiving Party reasonably should know is confidential and protect the Confidential Information with the same degree of care as each Party uses to protect its own Confidential Information of like nature.

Confidential Information does not include any information that (i) at the time of the disclosure or thereafter is lawfully obtained from publically available sources generally known by the public (other than as a result of a disclosure by the receiving Party or its representatives); (ii) is available to the receiving Party on a non-confidential basis from a source that is not and was not bound by a confidentiality agreement with respect to the Confidential Information; or (iii) has been independently acquired or developed by the receiving Party without violating its obligations under this Agreement or under any federal or state law.

Liability. EXCEPT WITH RESPECT TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING BODILY INJURY, DEATH, LOSS OF REVENUE, OR PROFITS OR OTHER BENEFITS, AND CLAIMS BY ANY THIRD PARTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.

Disclaimer of Warranty. THE WARRANTIES CONTAINED HEREIN ARE THE ONLY WARRANTIES MADE BY THE PARTIES HEREUNDER. EACH PARTY MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT PROVIDE ANY WARRANTY THAT OPERATION OF ANY SERVICES HEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE.

PRIVACY

Your use of smartvirtualassistants.com is subject to Smart VAs LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Smart VAs LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Smart VAs LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

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. This Agreement is be governed by and construed in accordance with the laws of the State of Ohio without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in the State of Ohio. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, HAVING JURISDICTION IN THE STATE OF OHIO.

If you ever feel like your service could be better, you can email us at accounts@smartvirtualassistants.com

Effective as of April 01, 2020