PLEASE READ THIS 3-HOUR FREE TRIAL AGREEMENT TO PARTICIPATE IN THE FREE TRIAL AND/OR START USING THE VIRTUAL ASSISTANCE SERVICES (the “SERVICES”) MADE AVAILABLE TO YOU (the "CLIENT"). THESE TERMS AND CONDITIONS ENTERED INTO BY YOU AND JONAJO CONSULTING LLC. (DBA “VIRTUAL ASSISTANTS TODAY”) ARE REFERRED TO AS THE “AGREEMENT.”
1. Scope of Agreement and Related Terms.
- Interviews. VIRTUAL ASSISTANTS TODAY will allow you to interview a Virtual Assistant ("VA") via conference calls set up by VIRTUAL ASSISTANTS TODAY.
- Virtual Assistance Services. VIRTUAL ASSISTANTS TODAY will make a VA available to you for evaluating the services via a limited 3-hour free trial.
- Client Responsibilities. You shall: (a) communicate with the VA only via our provided e-mail address (@va.today) or the VA's provided phone number. (b) communicate with your Account Manager, if there are any issues or feedback you have regarding your Virtual Assistant.
- Use Restrictions. You shall not, directly or indirectly: (a) sublicense, resell, rent, lease, distribute, market, commercialize or otherwise transfer rights or usage to the SERVICES of VIRTUAL ASSISTANTS TODAY to any other party, (b) attempt to gain unauthorized access to the VA, including, but not limited to, contacting the VA outside of the VA TODAY provided mechanisms, such as the VA's personal email, messaging app, or phone number, (c) instruct the VA to do anything illegal or participate in illegal activities.
- Non Solicitation. During the Term hereof, and during 2 (two) years after the termination of this Agreement, you will not directly or indirectly solicit, induce or attempt to induce any employee of VIRTUAL ASSISTANTS TODAY to terminate his or her employment with Provider, nor solicit their services without written consent of VIRTUAL ASSISTANTS TODAY.
2. Proprietary Rights and Data.
- Ownership. VIRTUAL ASSISTANTS TODAY owns all right, title and interest, including all intellectual property rights, in and to the Virtual Assistants Today website, process, and services, and all Modifications thereto (collectively, the “Virtual Assistants Today Property”).
- Intellectual Property. Except as otherwise expressly agreed by the parties, the parties hereby agree that all results obtained by the VA in connection with the rendering of the SERVICES, shall be the exclusively property of CLIENT, who may register all intellectual property rights in connection therewith.
- Ownership of Social Media Contacts. Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, Youtube, or other social media networks) created on behalf of the CLIENT are the property of you, the CLIENT.
3. Term and Termination.
- Term. This Agreement commences upon acceptance of this form and continues after CLIENT decides to use SERVICES beyond the 3-hour trial (“Trial Period”), unless terminated sooner pursuant to Section 3.b.
- Termination. Either party may terminate this Agreement at any time.
- The parties acknowledge that in the course of performing their obligations under this Agreement, each may receive Confidential Information. Each party covenants and agrees that neither it nor its agents, employees, officers, directors or representatives will disclose or cause to be disclosed any Confidential Information of the Disclosing Party, except (a) to those employees, representatives, or contractors of the Receiving Party who require access to the Confidential Information to exercise its rights under this Agreement and who are bound by written agreement, with terms at least as restrictive as these, not to disclose third-party confidential or proprietary information disclosed to such party, or (b) as such disclosure may be required by law or governmental regulation.
5. Disclaimer of Warranties; Limitation of Liability.
- Disclaimer of Warranties. THE VIRTUAL ASSISTANTS TODAY SERVICE IS PROVIDED TO CLIENT ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation on Damages. EXCEPT FOR A BREACH BY COMPANY OF SECTIONS 1.b, 1.c OR 4, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUE OR FOR ANY INDIRECT, SPECIAL, COVER, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING UNDER THIS AGREEMENT AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. & IN NO EVENT SHALL VIRTUAL ASSISTANTS TODAY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE, THE AMOUNT OF $30.