Site and Service Terms
Managed Virtual Assistant Service Agreement
This MANAGED VIRTUAL ASSISTANT SERVICE AGREEMENT (“Agreement”) is entered into and effective as of the first payment date (the “Effective Date”) by and between Instant Virtual Assistant, LLC (“IVA”) with an address of PO BOX 10001 Aspen CO 81612, and the paying client.
WHEREAS, Client desires to retain IVA to perform certain managed virtual assistant services on Client's behalf, and IVA desires to perform or hire outsourced virtual assistants to perform such services subject to the terms and conditions of this Agreement.
NOW THEREFORE, For good and valuable consideration IVA and Client agree as follows:
TERMS AND CONDITIONS
0 Scope of Applicability: The terms and conditions outlined below are applicable only when relevant to the specific package purchased by the Client. Not all terms and conditions will apply to every package.
1. Services To Be Performed: IVA shall use reasonable efforts to identify and introduce a Virtual Assistant available for the required services ('VAs") with the skills and experience as needed by the Client's chosen service.
1.1 Commitment: 3 month minimum
1.2 Onboarding: IVA shall use reasonable efforts to perform all onboarding tasks and begin the services beyond onboarding with 10 business days of payment and submission of onboarding form. If the onboarding form is submitted after the payment date, the onboarding form submission date is used as the start date and services beyond onboarding should begin with 10 business days of that submission.
1.3 Negotiation of Contracts: IVA shall negotiate directly with the Virtual Assistant (“VA”) Candidate and manage all foreign contracts and onboarding specifics to become eligible for matching with the Client and their requested services.
1.4 Payroll Processing & Taxes: IVA shall provide ongoing payroll processing, tax preparation, tax filing, and annual paperwork based on IVA’s negotiation with the Candidate.
1.5 Guaranteed In-House Training: IVA shall provide a guarantee that all VAs matched with a client will have completed all in-house required training prior to placement.
1.6 Perpetual Training: IVA shall provide perpetual training courses and support to the VA for the life of the contract to improve the VA's value of services to the Client.
1.7 Booked Appointments:
1.7.1 Guaranteed Booked Appointments: IVA guarantees the scheduling of booked appointments, not the attendance or show rate of such appointments. The Client shall be responsible for ensuring that their systems and processes are optimized to maximize the show rate for these appointments.
1.7.2 Free Funnel and Basic GHL Setup: IVA shall provide a templated funnel and ensure that the basic booked appointment automations are running properly.
1.7.3 Flexibility of Offer: The offer provided by IVA needs to be flexible and may change over time depending on market conditions. The Client acknowledges and agrees to such potential changes.
1.7.4 Client Responsibilities for Updates: The Client shall be responsible for updating the Funnel, Automation Messaging, and Demo Deck whenever changes are made to their offer.
1.7.5 Niches of Service: The Client must be providing services in one of the following niches: Auto Detailing, Catering, Contractors (HVAC), Dog Training, Home Renovation, Online Personal Trainer, Roofer, Landscaping, Martial Arts, Travel Agency, Wedding Photographers, Pressure Washing, and Solar.
2. Client Fees: As compensation to IVA for services under this Agreement, Client agrees to pay:
The listed setup and monthly fees on the website and in the checkout process.
2.1 Payment Options: The Client may pay via Credit Card. IVA strictly does not allow refunds once any payment has gone through.
3. Length of Agreement: Setup for services will commence a maximum of 3 business days after completion of the first month’s payment plus any one-time or setup fees. The following conditions apply to the length of this agreement:
3.1 VA Commitment: The Candidates services will be part time and will start as soon as they are available. If the VA ceases to be available, they will be expeditiously replaced by an equally qualified VA.
3.2 Client Commitment: The contract will be valid for a minimum of 3 months. After the initial 3 months the contract will auto-renew on a month to month basis at the full monthly price unless Client requests a termination of services in writing at least 30 business days before the expiration of the contract period.
3.3 Option to Hire: Client shall NOT have the option to hire the Candidate as an independent VA consultant or employee of the Clients business at any time. Hiring a VA that was introduced to you via this IVA program, whether in your current business, a future business, personally, or through another contractor, is explicitly prohibited.
4. Client Commitment: We are committed to providing all participants with a positive experience. Thus, Instant Virtual Assistant may, at its sole discretion, limit, suspend, or terminate Client participation in any of its programs including: live, recorded, social media-based or digital, without refund or forgiveness of remaining payments if:
4.1 Unauthorized Engagement: The Client engages in activity to circumvent IVA’s relationship with its VAs by going outside the contract agreement with the intent to hire or pay the VA on separate terms or conditions not agreed upon by the IVA and its Clients. Any such action will result in IVA seeking restitution for damages caused to its business relationships.
4.2 Disruptive Behavior: The Client becomes disruptive or difficult to work with; or fails to follow the contract; or, impairs the participation of IVA Candidates, recruits, and participants in any of IVA’s program(s).
4.3 Intent to Hire: The Client contacts the VA with the intent to hire or compensate the VA.
5. Limitation of Liability: IVA shall not be liable for any damages caused by any VA referred to the Client. In addition, IVA makes no warranties as to the abilities, character, experience, or history of any VA.
6. Termination: This Agreement may be terminated by either party upon 30 days prior written notice.
7. Successors and Assigns: This Agreement is binding upon Client, its successors, and assigns and will insure to the benefit of IVA, its successors, and assigns.
8. Entire Agreement: This Agreement, including any subsequent duly executed LOA's contain the entire understanding and agreement between the parties related in any way to its subject matter. This Agreement supersedes any and all other agreements and understandings, whether oral or written, related in any way to its subject matter.
9. Modifications: This Agreement may not be modified or amended except by a written agreement that refers to this Agreement and is signed by both IVA and by the Client.
10. Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado without reference to that body of law governing conflicts of law.
11. Legal Fees: In the event legal action becomes necessary to construe or enforce any portion of this agreement, the prevailing party is entitled to recover the expense of such action, including reasonable attorney's fees and costs.
PRIVACY & CONFIDENTIALITY
12. Privacy & Confidentiality: We respect your privacy and must insist that you respect all Instant Virtual Assistant staff and VAs. Video calls and phone calls will be recorded for quality, training, and as marketing material for marketing purposes. We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company. Thus you agree:
12.1 Not To Infringe: Not to infringe upon programs, participants, or the Company's copyright, patent, trademark, trade secrets, or other intellectual property rights;
12.2 To Keep Information Confidential: That any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company; not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
12.3 Information Belongs To The Company: That all materials and information provided to you by the Company are its confidential and proprietary intellectual property that belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
12.4 Sale Of Information Is Prohibited: That the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
12.5 Entitled To Relief: That if you violate, or display any likelihood of violating, any of your agreements contained in these paragraphs, the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations;
12.6 Return All Materials: If for any reason the Client would want to cancel services, each party shall return to the other party all documents and tangible materials (and any copies) containing, reflecting, incorporating, or based on the other party’s Confidential Information, permanently delete all of the other party’s Confidential Information from its computer systems, and certify in writing to the other party that it has complied with the requirements of this clause;
12.7 Strictly Confidential: While you are free to discuss your individual results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence. You further agree that your participation is subject to our Privacy Policy and Terms of Use.
INSTANT VIRTUAL ASSISTANT CONTENT
13. Internal IVA Training: Program education and information is intended for a general audience and does not purport to be, nor should it be construed as advice or counseling tailored to any specific business.
13.1 Individual Use: All materials, procedures, policies, and standards, all manuals, all teaching aids, and the like that have been or will be made available by Instant Virtual Assistant or its designated facilitators, or any other source, oral or written, are for individual use in or in conjunction with this training program only. Program content is for individual use only, and may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Instant Virtual Assistant, or its designated agent.
13.2 Intellectual Property: By canceling your services with Instant Virtual Assistant, you agree and fully acknowledge that you will no longer have access to IVA resources and that Instant Virtual Assistant has the rights to re-sell the matched new hires, candidates, or recruits. Nothing in this agreement shall be construed as a transfer or license of our intellectual property. Nothing in this agreement should be construed as “Work made for Hire” as defined in Section 101 of Title 17 of the Copyright Act of 1976.
IN WITNESS WHEREOF, IVA and Client have executed this Agreement as of the date set forth in the first paragraph above.
Terms of Site & Service Use
These Terms of Use are effective as of January 1, 2024
Welcome to Instant Virtual Assistant's website (referred to as the "Site"). We, Instant Virtual Assistant, LLC, operate this Site, and it can be accessed at instantvirtualassistant.com or other addresses/channels.
These Terms of Use ("Terms") apply to your use of Instant Virtual Assistant's services and websites (collectively referred to as the "Service"). "IVA," "we," and "our" all denote Instant Virtual Assistant, LLC. The Terms cover both simple access and paid Services and any content (referred to as the "Content") such as data, text, files, information, images, and more, that you upload, download, or appear on our websites or applications.
Your agreement to these Terms and our Privacy Policy is essential for using the Service. If you're using our Service on behalf of an organization ("Organization"), you agree to these Terms on the Organization's behalf, affirming your authority to bind them. In this context, "you" and "your" refer to the Organization. It's crucial to understand that our Terms and Privacy Policy impact your legal rights and obligations. If you disagree with any part, refrain from accessing or using our Service.
ARBITRATION NOTICE: Unless you opt-out, and excluding specific dispute types described below, you agree that disputes between you and us will be resolved through binding individual arbitration. You also waive the right to participate in class action lawsuits or class-wide arbitration.
General Terms of Use
1. Consent: By using our Site, you agree to these Terms and our Privacy Policy. If you disagree, please stop using our Site immediately
Variations: We may change these Terms at any time by posting updates on our Site. Check regularly to stay informed. Content on the Site is subject to change without notice, and we don't guarantee its accuracy or timeliness. Check our Site regularly for updated terms.
License to use our Site: We grant you a non-exclusive, revocable license to use our Site as per these Terms. All other uses require our written consent.
Upon submitting an onboarding form, you agree to receive informational and promotional text messages from the Service. You can opt-out by texting STOP to (970) 601-7882. Opting out may impact your Service use.
Your Content may be transferred, stored, and processed globally. By using the Service, you consent to this.
Prohibited conduct: You must not engage in unlawful, inappropriate, or reputation-damaging activities on our Site. This includes privacy breaches, harassment, interference with other users, and any malicious tampering.
Exclusion of competitors: Competing with our business through our Site or its Content is prohibited.
Information: Content is general information, not advice tailored to your specific needs. While we strive for accuracy, we provide no warranty regarding the Content's completeness or correctness.
Intellectual Property rights: We own or license all rights in our Site and Content. You may not copy, reproduce, distribute, or breach any intellectual property rights associated with our Site or Content.
Disclaimer of Warranties: The Service, including Our Content, is provided "as is." We disclaim all warranties, including merchantability and fitness for a particular purpose. Use of the Service is at your own risk.
Limitation of Liability: The IVA Parties are not liable for any direct or indirect losses related to the Service, including your use, content, or investigations. Our total liability is limited to one hundred United States dollars ($100.00).
License Limitations:Disruptive actions violating the Service's legitimate operation are prohibited. We may limit, suspend, or terminate accounts without notice for non-compliance with Terms or improper use.
We are not responsible for third-party actions, content, or data. You release the IVA Parties from any known or unknown claims connected to such third parties.
Time Limitation on Claims: Any claim related to your relationship with us must be filed within one year, or it's permanently barred.
Severability and No Waiver: Unlawful provisions are deemed severable. Our failure to enforce any provision doesn't waive our rights.
Entire Agreement: These Terms constitute the entire agreement between you and us, superseding any prior agreements.
Territorial Restrictions: The Service is not intended for use where prohibited by law. We reserve the right to limit availability based on location.
These Terms were written in English (US). In case of conflicts, the English version prevails.
Indemnity: You must indemnify us against any Liability arising from your use of our Site or any breach of these Terms.
Severance: If a provision is invalid, it's narrowed down or severed without affecting the rest.
Venue & Governing Law: Disputes litigated in Colorado, governed by Colorado laws.
Waiver: No waiver is a continuing waiver of any condition or breach.
Disputes: In case of a Dispute, parties must attempt resolution in good faith. If not resolved, arbitration may follow.
Arbitration: All escalated disputes will be resolved through individual arbitration. Class actions and consolidated claims are not allowed.
Collection: In case of a dispute under this Agreement, the prevailing party is entitled to reimbursement for all reasonable collection costs, including attorneys’ fees at all levels and Courts.
Notices: All required notices under this Agreement must be written and deemed delivered on the same day if hand-delivered, the next business day if sent by overnight courier, email, or facsimile (with confirmation), or within three (3) business days if sent by regular mail. Approval and signatures can be provided through alternative methods, like email or facsimile, as per industry custom and acceptance under this Agreement.
Fees and Billing
You are responsible for timely payment of fees, and we will automatically charge your selected payment method for renewals.
This is a subscription Service for which renewals are standard.
Cancellation at any time will sever access to the Service immediately.
Prorating subscription fees is strictly not practiced regardless of cancellation or renewal date.
Fee rates may be revised with email notice at least thirty (30) days before renewal.
You are responsible for providing accurate billing information.
We may suspend or terminate your use if fees become past due.
You are responsible for taxes as required by law.
Refund Policy: Fees are non-refundable, except as required by law. We reserve the right to revoke refund privileges for abuse.
Return Policy: Services may not be returned. Products are customized and may not be returned. All sales are final.
Using Our Service
Avoid impersonating others or misrepresenting authorization.
Refrain from undermining the security or integrity of the Underlying Systems.
Do not misuse the Service to impair system functionality or hinder other users.
Only access, view, or copy authorized material, as necessary for proper Service use under these Terms.
Do not disrupt the Service or servers, and do not transmit harmful code.
Do not interfere with other users or encourage violations of these Terms.
Do not use the Service to transmit Data that breaches third-party rights or is objectionable, incorrect, or misleading.
Follow the terms of Service on the Website, updated by us periodically.
Do not modify the Service.
Do not access our private API without explicit permission.
Violation may lead to Service termination.
Termination
Unauthorized use of the Services or Our Content, not explicitly allowed in these Terms, will result in termination of the license granted for Service and Site use.
We may suspend or terminate your account at any time without liability for various reasons.
Upon termination, all granted licenses and rights cease.
Service Termination: We reserve the right to stop offering or supporting the Service, permanently or temporarily, without compensation or refunds.
Termination: These Terms are effective until terminated by us at any time without notice. Restrictions and limitations survive termination. We may terminate this Agreement at any time, with or without notice, for any reason.
Updated Terms
We reserve the right to change these Terms and Services.
We will provide advance notice for significant changes.
Your use after effective date constitutes agreement to the changes.
Access Refusal
We reserve the right to refuse Service access to anyone at any time.
Identity Verification: We may make necessary inquiries to validate and authenticate your identity. This process may incur a verification fee.
We reserve the right to remove, edit, block, or monitor Content or accounts violating these Terms, at our sole discretion.
Rights
Content Ownership: All materials within the Services are protected. Unauthorized use may violate laws and these Terms. No express or implied rights are granted to use such content.
Advertising: Services may display advertising, subject to change without specific notice.
You represent and warrant that you own or have the right to grant rights to posted Content. We are not responsible for Content and may not always identify paid Services or sponsored content.
The Instant Virtual Assistant, LLC name and logo are our trademarks, not to be copied without permission.
Service interruptions may occur, and you should maintain your Content backup. We are not liable for Services modification, suspension, or discontinuation.
We do not endorse posted Content and have no obligation to prescreen or monitor it. Your relationship with us regarding Content is not confidential or fiduciary.
You are granted a limited license for Service use, subject to these Terms. The license does not include distribution, public display of Our Content, making derivative uses, scraping, data mining, or unauthorized API access. The license is revocable at any time.
We have a policy of not accepting unsolicited content, ideas, or suggestions. If you choose to send such materials despite our policy, you agree to grant us a royalty-free, irrevocable right to use them.
For User Submissions, you grant us rights to use, modify, and distribute without compensation. We may use User Submissions for any purpose and are not obliged to maintain confidentiality.
Privacy Policy
This Privacy Policy is effective as of January 1, 2024
Types of Personal Information Collected
Registration Data: We collect your first and last name, and email address.
Credentials: We collect passwords, password hints, and similar security information used for authentication and account access.
Payment Information: We collect your data necessary to process your payment if you make purchases, such as your payment instrument number (credit card number), the security code associated with your payment instrument, and the card holder name.
Brand Information: We collect your brand data necessary to provide you with purchased Services including name, website, phone number, niche, target audience details, offer, Services, unique selling points, objections, and rebuts.
How Information is Collected and Used
The information we learn from our customers helps us to personalize and continually improve your Agency Assets experience. Here are the types of information we collect
Information You Provide to Us: We receive and store any information you enter on our website or give us in any other way. You can choose to not provide certain information, but then you might not be able to take advantage of many of our features and Services. We use the information you provide for such purposes as responding to your requests, customizing your experience, improving our Services and platform, and communicating with you.
Automatic Information: We receive and store certain types of information whenever you interact with us. For example like many sites we use “Cookies,” and we obtain certain types of information when your web browser accesses instantvirtualassistant.com or advertisements or other content served by or on behalf of IVA s or other associated Websites.
Email Communications: To help us make email from IVA more useful and interesting, we often receive a confirmation when you open email from IVA if your computer supports such capabilities. We also compare customer lists in an attempt to avoid unnecessary communication with our customers. If you do not want to receive e-mail or other mail from us you will always be able to opt-out or unsubscribe via instructions within the communications.
Information from Other Sources: We might receive information about you from other sources and add it to our account information.
We use the information we collect to:
a. Debug, or cap the frequency of messages.
b. Analyze use of the Services to understand, develop and improve our Services. Such as determining what content is most popular, which browsers are most used, and how long users spend on specific Services and Functionalities.
c. Otherwise support the internal operations of the Services.
d. Provide you with notifications pursuant to our legal obligations, including in the case of a data incident.
e. Provide you with Service and customer Service report messages.
Opt-in information will not be shared with unauthorized third parties.
Cookies
Security: We use cookies to enable and support our security features, and to help us detect malicious activity and violations of our user agreement.
Preferences, features, and Services: Cookies can tell us which language you prefer and what your communications preferences are. They can help you fill out forms for IVA more easily. They also provide you with features, insights, and customized content.
Advertising: We may use cookies to show you relevant advertising both on and off the IVA site. We may also use a cookie to learn whether someone who saw an ad later visited and took an action (e.g. made a purchase) on the advertiser’s site. Similarly our partners may use a cookie to determine whether we’ve shown an ad and how it performed, or provide us with information about how you interact with ads. We may also work with a partner to show you and ad on or off IVA, as after you’ve visited a partner’s site or application.
Third-Party Access to Information: IVA uses certain trusted third parties (for example providers of customer support and IT Services) to help us provide, improve, protect, and promote our Services. These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and we’ll remain responsible for their handling of your information per our instructions. Opt-In information will not be shared with unauthorized third parties.
Data Retention
Cancellation or Deactivation of Accounts: If you would like to request the cancellation or deactivation of your account, you should contact our Customer Support team for assistance. Cancellation or deactivation of your account does not ensure complete or comprehensive removal of the content or information you may have posted, downloaded, or otherwise made available publicly on the Service while you were registered as a user. You should also contact our Customer Support team to request deactivation of an account or profile you believe is fake or otherwise unauthorized.
How Long We Use Personal Data For: We will not keep your personal data longer than necessary, how long this is depends on several factors, including (1) why the data initially was collected (2) how old the data is (3) whether there is a legal or regulatory reason for us to keep it and (4) whether we need it to protect us or you.
Communications
1. Non-Optional Communication: We may send you Service and administrative emails and messages. We may also contact you to inform you about changes in our Services, our Service offerings, and important Service related notices, such as security and fraud notices. These emails and messages are considered part of our Services and you may not opt-out of these.
2. Optional Communication: Alternately, we may send you emails and or messages about new product features or other news about our Service. You can opt-out of these at any timeOpting-Out of Optional Communications: There are several ways to stop these messages from us.
Click the “unsubscribe” link in any email communication to stop receiving emails from a particular division.Text STOP to (970) 404-4312 to stop receiving texts.Write to our Customer Support team.
Please note you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.
Business Transfers
As we continue to develop our Business and Service, we may be involved in a reorganization, merger, acquisition, or sale of our assets. Your information may be transferred as a part of that deal. We will notify you (for example, via a message or email associated with your account) of any such deal and out your choices in the event. Customer information remains subject to promises made in any pre-existing Privacy Notice (unless the customer consents otherwise). If all of IVA or a substantial amount of its assets are acquired, customer information will be one of the assets transferred.
Children’s Privacy
The following describes how we handle data for individuals under the age of 18 (“minors”) as required by U.S. law.
To comply with the Children’s Online Privacy Protections Act (COPPA) that helps protect minors on the internet. Under these policies we require user verification that they are at least 18 years of age or that parental consent is supplied.
Our Services are not designed for and are not marketed to people under the age of 18 (“minors”). We do not knowingly collect or ask for information from minors. We do not knowingly allow minors to use our Service. If you are a minor, please do not use our Services or send us your information.
We delete information that we learn is collected from a minor without verified parental consent. Please contact us using support@instantvirtualassistant.com if you believe we might have information from or about a minor.
We do not offer different account types. Accounts that have parental consent will have access to the same Services. If consent by a legal guardian, or confirmation of a minimum age of 18 is not provided a minor will not have access to our Service.
Contact
Questions, comments, and requests regarding this notice or the information that we collect from you are welcomed and should be addressed to our Customer Support team via support@instantvirtualassistant.com.
