This agreement is made effective as of the Date of Deposit. By and between: Purchaser, and Heather Nitch, Virtual Assistant. In this agreement, the party contracting to receive services shall be referred to as “Client,” and the party who providing the services shall be referred to as “Consultant.” Therefore, the parties agree:
Description of Services: The Consultant will provide Business Services to the Client. Business Services are defined as, but not limited to Facility Coordination (on facility you already have contracted), Attendee Logistics (track contracts, travel and bookings once per week); Branded event materials (content provided); and once per week check-in. It is understood that this work can evolve over time as new services are provided to the Client.
This Agreement shall remain in effect on a Month-to-Month basis agreed upon by the Client and the Consultant or until such time as one or the other Party provides written notice of cancellation.
Payment: The Consultant will provide Services to the Client at the rate of $298.00 per Month with the initial On-Boarding fee of $295 due upon receipt. Billing occurs twice per month on the first business day of the month and the 20th of the month with payment Due upon invoice. Payment must be made to the Consultant Through STRIPE payment processing to Write Way VA, LLC. An invoice will be sent to the Client for payment.
A $50 late fee will be applied to all invoices not paid within ten (10) days, with an additional $10 every ten (10) days thereafter. The Consultant reserves the right to hold all services until the balance has been paid in full.
Expenses incurred on behalf of the Client are not included in any fees and will be billed to the Client agreed upon by the Consultant and the Client. Reimbursable expenses may include, but are not limited to, office supplies (e.g., file folders, envelopes, CDs, etc.), mileage (based upon IRS Standards), payments made to vendors, and shipping and handling costs. Payment is due upon receipt.
We reserve the right to change our fees at any time. Changes to our fee schedule are effective after we provide you with at least fourteen (14) days notice by contacting you through the email or mailing address listed in your account. Changes in fees for current customers or clients become effective at the beginning of their next billing period. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service.
Relationship of Parties: It is understood by both parties that the Consultant is an Independent Contractor and is not an Employee of the Client. The Client will not provide benefits, including health insurance, paid vacation or any other Employee benefit for the Consultant. The Consultant is also responsible for her own taxes and other withholdings from any payments.
During the length of the contract, the Consultant shall serve the Client and perform any and all services in administration matters as the Client requires in connection with the Client’s business. The Consultant will also provide supervisory and advisory services to the Client when requested.
Confidentiality: When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, certain customer lists, pricing data, supply sources, techniques, computerize data, maps, methods, product design information, market information, technical information, benchmarks, performance standards and other confidential and/or Proprietary Information of, or licensed to, the Client or it clients/customers (“Customers”), including without limitation, trade secrets, inventions, patents, and copyrighted materials (collectively, the “Confidential Material”).
The Consultant acknowledges that this information has independent economic value, actual or potential, that is not generally known to the public or the others who could obtain economic value from their disclosure or use, and that this information is subject to a reasonable effort by the Client to maintain its secrecy and confidentiality. Except as essential to the Consultant’s obligation under this agreement, the Consultant shall not make any disclosure of this Agreement, the terms of this Agreement, or any of the Confidential Material. Except as essential to the Consultant obligations pursuant to their relationship with the Client, the Consultant shall not make any duplication or other copy of the Confidential Material.
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Non-Disclosure and Non-Solicitation: The Consultant shall not directly or indirectly disclose to any person other than a representative of the Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to the Client, including but not limited to any information, observation, data, written material, record, document, drawing, photograph, layout, computer program, software, multimedia, firmware, invention, discovery, improvement, development, tool, machine, apparatus, appliance, design, work of authorship, logo, system, promotional idea, customer list, customer need, practice, pricing information, process, test, concept, formula, method, market information, technique, trade secret, product and/or research related to the actual or anticipated research development, products, marketing, advertising, business or finances, supply sources of the Client, its affiliates or related entities. Furthermore, the Consultant agrees that during the term of this Agreement, and for two (2) years following the termination of this Agreement, the Consultant shall not directly or indirectly solicit or attempt to solicit any customers or suppliers of the Client other than on behalf of client himself.
All right, title, and interest of every kind and nature whatsoever in and to the Proprietary Information made, written, discussed, developed, secured, obtained or learned by the Consultant during the term of the relationship with the Client or the three (3) month period immediately following termination of that relationship, shall be the sole and exclusive property of the Client for any purpose or use whatsoever, and shall be disclosed promptly by the Consultant to the Client. The covenants set forth in the preceding sentence shall apply regardless of whether any Propriety Information is made, written, discussed, developed, secured, obtained or learned, (a) solely or jointly with others, (b) during the usual hours of work or otherwise, (c) at the request and upon the suggestion of the Client or otherwise, (d) with the Client’s materials, tools, instruments, or (e) on the Client’s premises or otherwise.
Entire Agreement: This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement, whether oral or written. This Agreement supersedes any prior written or oral agreement between the parties.
Amendment: This Agreement may be amended if the amendment is made in writing and is signed by both parties. All notices shall be deemed delivered when delivered in person, by fax, by email, or deposited in the mail to the intended party’s current mailing address.
Severability: If any provision of this Agreement shall be held to be invalid for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of the Agreement is invalid or unenforceable, but that by limiting such provisions, it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Guarantees and Liabilities: If any project or work completed by the Consultant results in loss to you, the Consultant will incur no liability. In the event of an error in the completed task, it will be corrected by the Consultant without any further charges. The Consultant works to achieve a high level of quality, however due to the varied nature of the work, we offer no guarantees that work completed will satisfy the clients expectation of quality or time taken to complete. Refunds will only be offered based on the quality and time expectation set forth by the Consultant and not by the Client.
Waiver of Contractual Right: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision.
Applicable Law: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, the Consultant’s state of business registration.
Legal Fees: If either party brings a law suit in order to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees in addition to any other relief to which that party may be entitled.
Termination of the Agreement: This contract may be terminated by either party upon 14 days written notice to the other party. Provided, however, that each party may terminate the Agreement immediately without prior notice in the event of a breach of this Agreement by the other party. Upon Termination, Service Provider shall invoice Client for any payment due, and payment will be due immediately upon receipt.