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StartVirtual Certified Virtual Assistant Agreement


STARTVIRTUAL CERTIFIED VA AGREEMENT

 

 

This Certified VA Agreement (the "Agreement") is made by and between Blue Acorn Marketing LLC, an Arizona limited liability company doing business as StartVirtual ("StartVirtual"), and {{customer_wp_user_firstname}} {{customer_wp_user_lastname}} (the "Customer") as of the last date of the signature on this Agreement (the "Effective Date").

 

  1. Placement     Customer will pay  StartVirtual a  placement fee of ${{order_total}} (the “Placement Fee”) for the placement of a StartVirtual Certified Virtual Assistant (“Certified VA”) with Customer, which Placement Fee shall be paid to StartVirtual prior to StartVirtual’s placement of a Certified VA with Customer.

 

  1. Additional Certified VAs. This Agreement shall govern all StartVirtual Certified VAs placed with Customer after the Effective Date. The Placement Fee for the placement of subsequent StartVirtual Certified VAs may be adjusted by StartVirtual, in StartVirtual’s sole and absolute discretion. Customer shall be quoted the Placement Fee for the placement of subsequent StartVirtual Certified VAs by email and Customer will be required to pay the quoted Placement Fee prior to the placement of future StartVirtual Certified VAs with customer.

 

  1. StartVirtual Certified VAs. StartVirtual Certified VAs are virtual assistants who are residents of the Philippines, have completed all of StartVirtual’s training, and have shown competency in performing work traditionally requested of virtual assistants. StartVirtual makes no representations or warranties as to the quality of the work to be performed by the Certified VA for Customer or that the Certified VA will be able to competently perform all tasks requested of the Certified VA by the Customer.

 

  1. Replacement Guarantee. In the event the placement of a Certified VA lasts less than sixty (60) calendar days, and provided that Customer has fully complied with the terms of this Agreement, timely and properly compensated the Certified VA, and paid for the Certified VA’s health insurance, StartVirtual will replace the Certified VA with another Certified VA at no additional charge to Customer (the "Replacement Guarantee"). If Customer timely requests a replacement Certified VA, the replacement Certified VAs will be placed with Customer within ten (10) business days upon Customer’s written request. StartVirtual will only provide up to three replacement Certified VAs per Placement Fee. StartVirtual’s obligation under this Replacement Guarantee is limited to providing up to three (3) replacement Certified VAs per Placement Fee. No refund of any Placement Fee will be made to Customer.

 

  1. Certified VAs Referred Back to StartVirtual Upon Replacement. In the event Customer seeks to replace a Certified VA that has been placed with Customer as allowed by Section 4 or otherwise terminates the services of any Certified VA, the Certified VA that is being replaced or terminated shall be referred back to StartVirtual. Customer shall not retain and utilize the services of a Certified VA for whom a replacement has been provided pursuant to Section 4. Nor, shall customer refer a Certified VA to any third-party or assist any third-party with directly soliciting or seeking the services of any of StartVirtual’s Certified VAs. StartVirtual and Customer acknowledge that the provisions and restrictions contained in this Section shall survive the termination of this Agreement, are reasonable and necessary to protect the legitimate interests of StartVirtual, and any violation of such provisions or restrictions will result in irreparable injury to StartVirtual. Therefore, Customer acknowledges that, in the event of a violation of this Section of the Agreement, StartVirtual may seek a temporary restraining order without notice and without posting a bond, preliminary and permanent injunctive relief without the posting of a bond, damages, and an accounting of all earnings, profits and other benefits arising from such violation, which remedies shall be cumulative and in addition to any other rights or remedies to which StartVirtual may be entitled under this Agreement or by law.

 

  1. Compensation to Certified VA. Customer shall be responsible for directly compensating the Certified VA. Customer shall timely and properly compensate the Certified VA according to the agreement and understanding between Customer and the Certified VA. StartVirtual will assist Customer with setting up the software necessary for time tracking and payment of compensation to the Certified VA.

 

  1. Health Insurance to VA. Customer shall pay up to $50 per month for the Certified VA’s health insurance through Maxicare.

 

  1. Holidays and Time Off. The Certified VA shall be given Birthday Holidays and other time off shall be negotiated and determined by and between Customer and the Certified VA.

 

  1. Certified VA Feedback After Placement. StartVirtual shall reach out to and contact the Certified VA after placement with Customer to obtain feedback from the VA and to confirm Customer’s compliance with the terms of this Agreement.

 

  1. Customer Feedback After Placement. Customer will provide all information reasonably requested by StartVirtual concerning the placement of the Certified VA and the Certified VA’s performance of his/her virtual assistant services for Customer.

 

  1. Risk of Loss. Customer shall bear the entire risk of loss or damage resulting from or arising out of the Certified VA’s performance of his/her virtual assistant services for Customer. StartVirtual shall not be liable for, and Customer hereby releases and discharges StartVirtual from any and all damages caused by or resulting from the Certified VA’s performance of his/her virtual assistant services for Customer.

 

  1. Hold Harmless Agreement. Customer shall exonerate, protect, indemnify, defend, and hold harmless StartVirtual, its members, managers, employees, parents, affiliates, and contractors for any loss, damage, liability, incurred, or alleged against StartVirtual, its members, managers, employees, parents, affiliates, and/or contractors by any third-party arising out of or resulting from the Certified VA performing his/her virtual assistant services for Customer.

 

  1. Limitation of Liability. IN NO EVENT SHALL StartVirtual BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, OR TORTIOUS CONDUCT RELATING TO, CAUSED BY OR ARISING OUT OF THE CERTIFIED VA’S PERFORMANCE OR RENDERING OF ANY SERVICES FOR CUSTOMER. ANY DAMAGES THAT StartVirtual IS REQUIRED TO PAY FOR ANY AND ALL CAUSES, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, AND REGARDLESS OF THE FORM OF THE ACTION IN TH E AGGREGATE, UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PLACEMENT FEE PAID BY Customer.

 

  1. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, StartVirtual MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE CERTIFIED VA AND THE CERTIFIED VA’S StartVirtual DOES NOT WARRANT THAT: THE CERTIFIED VA WILL MEET CUSTOMER'S REQUIREMENTS. StartVirtual DOES NOT WARRANT THAT: THE CERTIFIED VA’S SERVICES WILL BE ERROR-FREE.

 

  1. Governing Law and This Agreement will be governed by and construed in accordance with the laws of the State of Arizona without respect to conflicts of laws principles. The exclusive jurisdiction and venue for any claim, proceeding, cause of action, or lawsuit arising out of or related to this Agreement shall be in the state courts located in Maricopa County, Arizona.

 

  1. Attorney's Fees. The prevailing party in any lawsuit or arbitration arising out of or related to this Agreement shall be entitled to an award of their attorneys' fees, expert fees, and costs against the non-prevailing party, which attorneys' fees, expert fees, and costs shall include, but are not limited, to those incurred in collecting any judgment awarded in favor of the prevailing party.

 

  1. Electronic Execution and Counterparts. This Agreement may be executed by electronic means and in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same The parties may execute this Agreement by electronic means and may deliver their signatures by e-mail delivery, and such transmission shall have the same effect as delivery of original signatures.

 

  1. Assignment. This Agreement and any duties or obligations under this Agreement may be assigned by StartVirtual in its sole and absolute discretion. This Agreement and/or any duties or obligations under this Agreement may not be assigned by Customer without the prior written consent of StartVirtual.

 

  1. Force Majeure. If StartVirtual cannot perform any of its obligations under this Agreement due to events beyond StartVirtual’s control StartVirtual's performance under this Agreement shall be excused. Events beyond StartVirtual’s control include, but are not limited to, pandemics, epidemics, acts of God, war, civil commotion, labor disputes, strikes, fire, flood or other casualty, government regulation or restriction, and weather conditions.

 

  1. Notices. Any and all notices, demands or requests required or permitted hereunder shall be in writing and shall be effective upon personal delivery, electronic mail, or upon receipt, if deposited in the U.S. Mail, registered or certified, return receipt requested, postage prepaid, or if deposited with any commercial air courier or express service, addressed to the email address or physical address listed below the parties' signature. Notices transmitted by electronic mail shall be effective upon transmission. Notices sent by U.S. Mail or by courier will be deemed effective upon the earlier of actual receipt or five (5) days after it is placed in the U.S. Mail or with the courier. Buyer, Seller, or Escrow Agent may change its address for notice by giving notice of change of address in the manner provided above.

 

  1. Acknowledgment of Understanding – Entire Agreement. Customer acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. Customer also agrees that this Agreement is the complete and exclusive statement of the agreement between StartVirtual and Customer with respect to the placement of one or more Certified VAs with Customer and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between StartVirtual and Customer relating to the subject matter of this Agreement.

 

 

 

Customer:

 

 

Printed Name:

 

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Date:

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Address:

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Signed by Cody Barton
Signed On: November 26, 2022


Signature Certificate
Document name: StartVirtual Certified Virtual Assistant Agreement
lock iconUnique Document ID: 884b2104eb7951909bb67a11c4bc6a55a4f36468
Timestamp Audit
October 24, 2022 6:42 pm MSTStartVirtual Certified Virtual Assistant Agreement Uploaded by Cody Barton - [email protected] IP 184.190.140.233
November 26, 2022 4:31 pm MSTSV Sales Team - [email protected] added by Cody Barton - [email protected] as a CC'd Recipient Ip: 184.190.140.233