JVA - Terms of Service Agreement

Please take the time to read this entire Agreement Contract.
By engaging with JVA, you expressly agree to the following standard terms and conditions:
In this Agreement, 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, JVA, shall be referred to as the “Contractor”.

VIRTUAL ASSISTANTS:

The Contractor will utilize the services of Virtual Assistants. All Virtual Assistants hired by the Contractor to assist in performing the tasks and duties shall be the responsibility of the Contractor unless specifically indicated otherwise in an agreement signed by all parties.

DESCRIPTION OF SERVICES:

Contractor will provide Virtual Assistant’s that will provide the following services that may include but are not limited to:
Marketing
Billing and Invoicing
Research & data entry
Calendar and appointment management
Website management
Email management
Other administrative duties that may arise
Services may vary depending on Client’s needs and Virtual Assistants abilities.
Client agrees to give detailed instructions to Virtual Assistants to complete each task.
Client understands that some tasks may be outside of Virtual Assistants abilities.
Virtual Assistants will work a maximum of 160 hours per month to execute services, as delegated by Client.

TERM:

Client shall have 90 days to use the purchased hours.
Contractor will provide Client a 60-day trial period beginning on the date of this agreement (the Trial), in which Client may have the option to cancel and receive a refund on the unused hours.
Refunds will be processed within 15 days of written notice.

PAYMENT FOR SERVICES:

Client shall pay Contractor the dollar amount associated with the chosen block of hours (starter, light, expert, per-task, full time.)
These installments will be due upfront for every bucket of hours and will begin on the date of this Agreement.
All used hours are non-­refundable.
The Client will be responsible for any extra expenses or subscriptions that may be needed for Virtual Assistants to complete the Clients tasks.
No amount of unused hours after ninety (90) days of Virtual Assistant services will rollover or be used in any following Terms

TERMINATION:

Client or Contractor may not unless approved by the other party, terminate this agreement before the end of Term.
If Client fails to purchase additional hours without coming to an additional agreement with Contractor, Client will be deemed as breaching this agreement the contractor will stop work at the end of the current bucket of hours.
If Client breaches this Agreement, Contractor has the right to send the remaining debt balance (if any) to a collections agency, whose fees will be added onto the remaining debt balance.
In the event of either party committing a crime, this agreement is deemed terminated immediately.

RELATIONSHIP OF PARTIES:

It is understood by the parties that Contractor is an independent contractor. Client shall not be responsible for withholding taxes with respect to Contractor’s compensation hereunder additionally, Client is not responsible for Contractor’s vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

CONFIDENTIALITY:

Contractor and Virtual Assistants will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Contractor and Virtual Assistants, or divulge, disclose, or communicate in any manner, any 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, Contractor and Virtual Assistants will return to Client all records, notes, documentation, and other items that were used, created, or controlled by Contractor and Virtual Assistants during the term of this Agreement.

WARRANTIES & INDEMNIFICATION:

Both parties warrant and represent that they are under no disability, restriction or prohibition, whether contractual or otherwise, with respect to their right to execute this Agreement and perform its terms and conditions.
Each party agrees to and does hereby indemnify, save and hold the other party harmless from any and all loss and damage (including reasonable attorneys’ʹ fees) arising out of, connected with or as a result of any inconsistency with, failure of, or breach by either party of any warranty, representation, agreement, promise, undertaking or covenant contained in this Agreement

LEGAL FEES:

In the event that Contractor or Client is forced to obtain an attorney to enforce the terms of this Agreement, that party shall be entitled to recover from attorney’s fees incurred in such action.

CHOICE OF LAW:

The laws of the State of Utah shall govern the validity of this agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. The courts located in the City of Sandy Utah shall have exclusive jurisdiction over all disputes between Contractor and Client pertaining to this Agreement and all matters related hereto.

NON-SOLICITATION:

Client acknowledges that Virtual Assistants providing services to Client from JVA are or may be subject to agreement prohibiting JVA personnel from working, directly, or indirectly, for Client while employed by JVA, Or in the event that JVA ceases or terminates their working relationship with JVA. Accordingly, Client agrees not to hire or otherwise permit services to be provided to Client by any past or present JVA personnel, directly or indirectly, during the term of their employment or theater for twelve (12) months from the date that the Client terminates their relationship with JVA. It is acknowledged that if Client/financially Responsible Party breaches this obligation, JVA will suffer great and irreparable injury in amounts difficult to ascertain. Therefore Company shall be entitled to enforce the terms of this provision by filing for temporary and permanent injunction and addition to any action for the recovery of damages sustained by Company.