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Terms & Conditions – WeAssist Services Group

Terms & Conditions

By accepting the terms and conditions at time of purchase you (the Client) agree to the following:

This Agreement (“Agreement”) is entered into as of date of purchase between WeAssist Services (the Contractor), and ____(The Client) with respect to the engagement of the Contractor’s services by the Client. The Client and the Contractor are sometimes individually and collectively referred to herein as the “Party(ies).” For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties hereby agree as follows:

Services.     WeAssist Services (The Contractor) shall perform the Administrative services customarily performed by service providers in the Virtual Service industry (individually and collectively, the “Services”). WeAssist Services (The Contractor) may freely delegate any of the Services to the WeAssist Services’ (The Contractor)s staff in the Contractor’s sole discretion.

Term. The term of this Agreement shall begin on the date of purchase and shall continue on a month-to-month basis unless terminated by either Party upon one (1) days’ written notice to the other Party (the “Term”).

Terms of Payment.

_________(The Client) shall pay WeAssist Services (The Contractor) in advance of delivery of work according to the admin support plan subscribed to. Plans will renew automatically each month unless specified by the _____(The Client). Unused hours are not rolled over to the following month.

Expenses. WeAssist Services (The Contractor) shall bill and ____(The Client) shall reimburse the Contractor for all reasonable and pre-approved out-of-pocket expenses that are incurred in connection with the performance of WeAssist Services’ (The Contractor) services.

Travel. WeAssist Services team members are assigned to work on a virtual basis only. Requests for ‘in person’ work may be possible in exceptional circumstances but cannot be guaranteed. If granted, all hours including travel time to and from the assistant’s home and the work location, as well as hours spent on the job, are billable with no exception. Please contact your account manager to discuss your specific requirements.

Confidentiality. Each Party hereby acknowledges that during the Term, each Party may, from time to time, be supplied or work with certain information supplied by the other Party, all of which is confidential and of value to such Party (the “Confidential Information”). Each Party hereby agrees to the following in connection with the Confidential Information:

  • Neither Party will disseminate or disclose to any third party, or use for such Party’s own benefit or for the benefit of any third party, any Confidential Information relating to the products, business or affairs of the other Party, which such Confidential Information is in any way acquired during or by reason of this Agreement, such Confidential Information being deemed to include but not limited to information in any format pertaining to copyrights, trademarks, trade names, service marks, trade dress, domain names, uniform resource locators (URLs), websites, advertising and marketing plans, media planning/placement, strategic briefs, sales plans, ideas, concepts, new products, improvements, inventions, proposed launches, discontinuance of existing products, product and consumer testing data, sales and market research; technology research & development, corporate strategic plans, budgets, profit & loss data, raw material costs, identity of suppliers, customer lists, customer information, formulae, processes, methods, and associations with other organizations which such Party has not previously made available to the public.
  • Each Party will treat Confidential Information received from the other Party with the same degree of care and security as such Party would use with respect to such Party’s own Confidential Information, but not less than a reasonable degree of care.
  • Neither Party will use the Confidential Information for any purpose other than that for which it was provided. If either Party is in any doubt as to the intended purpose for use of the Confidential Information, such Party will immediately (and before using the Confidential Information) seek clarification from the other Party.
  • Neither Party will copy, reproduce or store the Confidential Information without the other Party’s prior written consent whether electronically, on any external drive (including a USB thumb drive) or in the “cloud.” Each Party will secure physical and electronic access to the Confidential Information.
  • Neither Party will assert any right, title or property interest to the Confidential Information of the other Party.
  • Upon the expiration or other termination of the Term, and at such other times as either Party may request, each Party will return to the other Party all information, strategic briefs, reports, memos, presentations, letters, copies, manuals, drawings, blueprints, discs, e-mails CD-ROMs and all other materials relating to the other Party’s business, including all Confidential Information, in such Party’s work space, personal possession or control. In addition, upon the expiration or other termination of the Term, and at such other times as either Party may request, each Party will deliver to the other Party an executed certificate confirming that such Party has promptly returned to the other Party or shredded or destroyed all information, strategic briefs, reports, memos, presentations, letters, copies, manuals, drawings, blueprints, discs, e-mails, CD-ROMs and all other materials relating to the other Party’s business, including all Confidential Information, in such Party’s work space, personal possession or control.
  • Each Party agrees that information shall not be deemed Confidential Information and the other Party shall have no obligation whatsoever under this Agreement with respect to such information that is or becomes (through no breach of this Agreement by the other Party) generally available to the public, or was in the other Party’s possession or known by the other Party prior to receipt from such Party as demonstrated by the other Party through written documentation (if available) or otherwise.
  • Either Party may make disclosures required by valid order of any court or other authorized governmental entity, provided such Party promptly notifies the other Party and provides reasonable cooperation, at the other Party’s expense, with the other Party’s efforts, if any, to limit disclosure and to obtain confidential treatment or a protective order.
  • Each Party agrees that such Party’s obligations under this paragraph 6 shall continue beyond the expiration or other termination of the Term and shall be binding upon such Party’s legal representatives, heirs, successors, assigns, subsidiaries and affiliates and shall inure to the benefit of the other Party, the other Party’s subsidiaries and affiliates and their legal representatives, heirs, successors and assigns.

Non-Solicitation. _______(The Client) shall not solicit, recruit, induce, attempt to recruit or induce, or encourage any of the Contractor’s staff to leave the Contractor in order to provide services directly to the Client. The Client agrees that if the Client breaches this paragraph 7, WeAssist Services (The Contractor) will incur substantial economic damages and losses in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by WeAssist Services (The Contractor) of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such breach, _____(The Client) agrees that liquidated damages may be assessed and recovered by WeAssist Services (The Contractor) as against ____(The Client) in the event of such breach and without Weassist Services (The Contractor) being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore _____(The Client) shall be liable to the Contractor for payment of liquidated damages in the amount of US$45,000.00 with respect to any of the WeAssist Services’ (The Contractor) staff that the ____(The Client) solicits, recruits, induces, attempts to recruit or induce, or encourages to leave WeAssist Services (The Contractor) in order to provide services directly to ___(The Client). Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and ____(The Client) shall pay them to WeAssist Services (The Contractor) without limiting the Contractor’s right to terminate this Agreement for default as provided elsewhere herein.

Warranties and Representations.     Each Party hereby warrants and represents that such Party is free to enter into this Agreement, and that this Agreement does not violate the terms of any agreement between such Party and any third party.

Independent Contractor. This Agreement shall not render either Party an employee, partner, agent of, or joint venture with the other Party for any purpose. Each Party is and will remain an independent contractor of the other Party. _____(The Client) shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. WeAssist Services (The Contractor) shall have no claim against _____(The Client) hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

Choice of Law/Arbitration. The laws of England and Wales shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the Parties. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in accordance with the rules of England and Wales Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.

Copyright. Copyright is the legal protection extended to authors or owners of original published and unpublished artistic and intellectual works. Should you request that your virtual assistant source content or images for use on your website, you do so at your own risk, and you are entirely responsible for supervising his/her work, and ensuring that all appropriate permissions have been obtained. Should you request your virtual assistant to carry out any of these activities without the necessary permissions, you will be solely responsible for any violations of copyright law, and may be subject to legal sanctions, including fines.

Liability.     If you require your assistant to make decisions on your behalf about the way in which any work/actions/tasks/strategies or other business related functions are performed, you do so on the basis that the assistant is acting on your behalf and is under your supervision at all times. You release and indemnify the assistant and Worldwide101 from any liability for the results of those decisions and/or actions and you agree not to consider Worldwide101 and its assistants to be acting in a professional, advisory, or consultative capacity.

Passwords. Should you decide to give your assistant access to your business and personal accounts, you do so entirely at your own risk, and you are fully responsible for ensuring the security of your data. You will be solely responsible for any violations that might occur as a result.

Notices.     Any and all notices, demands, or other communications required or desired to be given hereunder by either Party shall be in writing and shall be validly given or made to the other Party if personally served, or if deposited in the mail, certified or registered, postage prepaid, return receipt requested and notices may also be given by e-mail or facsimile transmission, provided, however, that receipt of any such e-mail or facsimile transmission is sufficiently proven. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five (5) days after deposit thereof in the mail addressed to the Party to whom such notice, demand or other communication is to be given. If such notice is given by e-mail or facsimile transmission, notice shall be deemed given on the date such e-mail or facsimile was sent provided that receipt of such e-mail or facsimile transmission is sufficiently proven. Either Party may change its address for purposes of this paragraph by written notice given in the manner provided above.

Refunds. In the unlikely event that you are unsatisfied with the work performed by your assigned WeAssist Services (The Contractor) team member, you will not be charged for the hours used. Please contact your account manager to discuss any such instances. Refunds will not be given for unused hours on prepaid plans.

Entire Agreement. Paragraph headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof. This Agreement constitutes the entire understanding and agreement of the Parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the Parties.

Unenforceability of Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

Changes to this Agreement.         This Agreement may only be modified or supplemented by WeAssist services, and we reserve our right to amend or supplement this Agreement at any time, at our discretion. When we change it or supplement it, we will do our best to provide you notice and point out what is different or new. We may also post rules and guidelines applicable to specific products or services to the various areas of our Website that describe them. You are responsible for reviewing this Agreement and our Website for any rules or guidelines applicable to specific areas of our Website and any amendments or supplements to this Agreement, change in our rates or change to the Service (“Changes”). If at any time, you do not agree to the terms of this Agreement or any of the policies on our Website, please discontinue use of the Services, and immediately close your account(s). We’ll miss you, but we’ll understand. Your continued use of the Service after WeAssist Services’ posting of any Changes constitutes your acceptance and agreement with the Changes and all Changes shall supersede any previous agreement between ____(The Client)you and WeAssist Services. You must periodically review this Agreement to ensure you know of any changes.