Updated January 2020
Acceptance of Terms
Work Better Now (“Us”, “Service provider”, or “We”) has been retained by the client (“you”, “the user”) to provide services as requested in the client’s job description.
By using Us, you agree to be bound by these terms and conditions, your agreement with us regarding the terms of service becomes effective immediately upon starting your use of our services.
Our regular schedule is Monday through Friday (check Office Hours & Communication for further information). Service cancellation must be done one week (7 days) prior to close of billing cycle.
Expenses incurred on behalf of Client are not included in any fees and will be billed to Client. An advance expense deposit may be requested. Payment is due upon receipt.
Office Hours & Communication
Office hours are Mondays through Fridays, 8 am to 5 pm (EST), unless agreed otherwise with the Service Provider. Email, Phone, Instant Messaging are the primary form of communication between Client and Service Provider. Service Provider is available for phone calls during office hours only.
Client agrees that the accuracy of information supplied to Service Provider is the sole responsibility of Client, and that Service Provider is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client. Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. Service Provider is not responsible for errors or omissions on the Client’s part.
All of our services are prepaid. Credit and debit cards are accepted as well as ACH money transfers. Other payment agreements can be discussed with the service provider.
A Confidentiality Clause forms part of our Service Agreement, which must be fully executed before any work commences. Work Better Now will not at any time, either directly or indirectly, use for its personal benefit or disclose, or communicate in any manner any information that is pertaining to its clients. All your information will be kept strictly confidential. This provision shall remain effective even after the termination of all agreements and projects. Upon termination of agreements, Work Better Now will return all documentation, records or other items that were used or created by Work Better Now for its clients during the term of our agreement. Each party shall keep confidential and not without the disclosing party’s prior written consent disclose to any third party any information of a confidential nature received from the disclosing party which relates to the business of that party whether or not such information is marked as confidential (“Confidential Information”). “Confidential Information” means all information whether in written, oral or electronic format and whether disclosed directly or indirectly, designated as such by you, which relates to the business, affairs, customers, products, developments, operations, processes, pricing, networks, trade secrets, design rights, know-how and personnel of your company or an associate company, if applicable.
Any information you give to Work Better Now will be held with the utmost care, and will not be used in ways that you have not consented to. Work Better Now will ask you when it needs information that personally identifies you or allows us to contact you. Generally, this information is requested when you are asking for information or hiring our services.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the Selection and arrangements thereof is Work Better Now’s intellectual property, with all rights reserved, or is the property of Work Better Now and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Work Better Now, is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Work Better Now. Work Better Now trademarks may not be used in connection with any product or service that is not provided by Work Better Now, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Work Better Now.
Under the applicable laws, you agree that during your membership and during a period of 24 (twenty-four) months following the cancellation of your relationship with the company, under any cause and circumstance, you will not directly or indirectly solicit any of the company’s employees to leave their employment at the company and/or hire any employee that has provided his/her services to Work Better Now. A fine of $5,500 US Dollars will incur in this case. We do not give full or partial refunds for subscriptions that you have purchased regardless of the basis for the refund request.
You may elect to cancel your subscription at any time by sending an email to firstname.lastname@example.org with a cancellation request. Your election will be deemed to have been received one (1) U.S. business day after We receive your cancellation notice through email@example.com. Your election to cancel your subscription will take effect at the conclusion of the billing period in which your election is received. For example, if you purchase a subscription on January 1 and then elect on January 15 to cancel your subscription, your subscription will be terminated effective as of 11:59 p.m. Eastern Time on January 15. The portion of the monthly subscription fee attributable to the period between January 16-31 will not be refunded to you. After the trial period (5 days on your first month) All sales are final. We do not give full or partial refunds for subscriptions that you have purchased regardless of the basis for the refund request.
Timely Breach Notification
In the event of a data breach, Work Better Now will notify our associated data controllers and customers within a timely and urgent manner. In addition to outlining the nature of the breach, the breadth, and actions involved to remedy the situation will be detailed.
Ownership and Confidentiality of Work Product If a Virtual Assistant creates anything original for you, such as research projects, reports, templates, spreadsheets, forms, etc. (“Work Product”), Work Better Now grants to you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.
To avoid doubt, you retain sole ownership of your confidential information and your intellectual property and, to the extent your confidential information or intellectual property is incorporated into the Work Product, it will be removed prior to any use or disclosure by Work Better Now to a third party.
As used in these Terms of Service, your confidential information means non-public information that you provide to Work Better Now or a Virtual Assistant that you reasonably expect Work Better Now to keep secret, including your personal information (i.e., your name, your social security number, your credit card information, and similar information), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by Work Better Now or a Virtual Assistant; (2) was or becomes available to Work Better Now or a Virtual Assistant on a non-confidential basis prior to your disclosure of the information to Work Better Now or a Virtual Assistant; (3) is independently developed by Work Better Now or a Virtual Assistant without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect Work Better Now’s rights or property, or the rights or property of Virtual Assistants or our other clients.
As used in these Terms of Service, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with creation of the Work Product.
LIMITATION OF LIABILITY
Work Better Now will not have to pay you damages relating to your use of Services.
Work Better Now is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
- your use of or your inability to use our Services or our virtual assistant equipment or services;
- delays or disruptions in our Services our virtual assistant equipment or services;
- viruses or other malicious software obtained by accessing, or linking to, our Services or our virtual assistant equipment or services;
- glitches, bugs, errors, or inaccuracies of any kind with our Services and our virtual assistant equipment or services;
- damage to your hardware device from the use of our Services or our virtual assistant equipment or services;
- the content, actions, or inactions of third parties’ use of our Services or our virtual assistant equipment or services;
- a suspension or other action taken with respect to your Account;
- your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
ADDITIONALLY, IN NO EVENT WILL WORK BETTER NOW, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF WORK BETTER NOW, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $1,600; OR (B) ANY FEES RETAINED BY WORK BETTER NOW WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Your agreement to pay for any costs or losses we have as a result of a claim brought against us related to your use \Services or your illegal or harmful conduct.
You will indemnify, defend, and hold harmless Work Better Now, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities.
“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.
“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.
HOLIDAYS OBSERVED BY WBN VIRTUAL ASSISTANTS
• Martin Luther King Day
• President’s Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• Black Friday
• Christmas Eve
• Christmas Day
• New Year’s Eve
• New Year’s Day
In addition, WBN VAs enjoy 15 calendar days of personal time off per year. These 15 days can be taken as follows:
- 7 days after 6 months
- the remaining 8 days after 1 year or, the 15 days can be requested all at once after 1 year anniversary.
- WBN VAs will provide as much advanced notice as possible