Terms of service.

Last Updated: 2024-01-01

 

Please read these Terms of Service ("Terms, "Terms of Service", "ToS") carefully before completing your booking. In these Terms, the party who is contracting to receive services shall be referred to as the "Client" and the party who will be providing services shall be referred to as the "Service Provider". These Terms serve as a preview of the Service Agreement that will be completed should the Client wish to proceed with contracting services. The Service Provider will send a Service Agreement to the Client upon the client's initial booking. 

Virtual Assistance, Online Business Management & Consulting


SERVICE LOCATION

  1. The Service(s) to be provided under this Agreement shall be performed at the Service Provider’s place of business (i.e. Home Office)

SCHEDULE AND DAYS OFF

  1. The Client will generally not control the time and manner of work that The Service Provider undertakes. 

  2. The Service Provider reviews their business email (hello@organizedaf.ca) once per day by 9:00 a.m. Mountain Time, and offers a standard response time of 24-48 hours on all tasks and projects unless otherwise mutually agreed on by both parties. 

  3. The Service Provider does not provide on-call services. 

  4. The Service Provider is generally available on Monday through Thursday, however, availability may fluctuate week to week.  

  5. The Service Provider may only spend a determined maximum of time per week on The Client's services. 

  6. The Service Provider reserves the right to change their availability. The Service Provider agrees to provide the client with a minimum of 24-hour written notice in the event of any changes in the Service Providers' availability.

  7. Please visit this page for a regularly updated listing of planned time away and closures.

PAYMENT FOR SERVICES

  1. The Client will be billed for services through an invoicing system (SquareUp). Payment can be made online using Credit. 

  2. A $15 late fee applies for every 3 days past due. For any fees over 30-days past due, a 5% interest fee is added to the total amount owing. 

  3. The Service Provider will cease work if payment is 3 days past due. 

  4. Invoices and receipts will be sent via e-mail to the e-mail you have provided.

  5. Fees for services are non-refundable. 

ADDITIONAL FEES

  1. Same-day service requests must be received before 7:00 a.m. Mountain Time during the Service Provider’s business days. Requests received after 7:00 a.m. or outside of the Service Provider’s regular operating days are subject to rush / overtime fees of $85.00 CAD per hour. Rush and Overtime fees are not refundable. ​

  2. Any expenses incurred by The Service Provider while providing The Client with services will be invoiced to The Client promptly. The Client is responsible for paying for and delivering any third-party software licenses or products The Client wishes The Service Provider to utilize on or before the planned start date. At The Service provider's discretion, they will make reasonable efforts to integrate The Client’s suggested software or products.

  3. Any additional time required to complete your service outside of the package pricing (i.e. additional revisions, additional website support, etc.) will be charged at the standard rate of service rounded up to the nearest 30-minute increment. 

PAYMENT SCHEDULE​​

  1. Payment for your selected package is due immediately upon initial booking. 

  2. Upon completion of your requested service and in the event of time variance, your final invoice will be e-mailed to you. The service provider will give notification once 75% of the time budget has been reached.

  3. Payment can be made online through the Service Provider’s Portal using Credit. GST is not applicable or charged.

  4. Prompt payment is appreciated.

EXPIRY AND REFUNDS

  1. Fees for all services are non-refundable and expire 30 days after purchase*

    *Additional Terms and Conditions may apply. Please contact the Service Provider for further details.

TERM/TERMINATION

  1. Either party may terminate this Agreement upon 14 days' written notice to the other party. Provided, however, that each party may terminate this Agreement immediately without prior notice in the event of a breach of this Agreement by the other party. Upon termination, the Service Provider shall invoice the Client for any payment due, and payment will be due immediately upon receipt.

  2. In the event that The Client wishes to sever the relationship before the end date of the project or before the current invoice expires, The Service Provider will not be obligated to refund any portion of monies The Client has previously paid to The Service Provider. 


NON-DISCLOSURE AND NON-SOLICITATION

  1. The Service Provider shall not directly or indirectly disclose to any person other than the Client or authorized 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 customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets.

  2. The Service Provider agrees that during the term of this Agreement, and for 12 months following the termination of this Agreement, the Service provider shall not directly or indirectly solicit or attempt to solicit any customers or supplies of the Client other than on behalf of the Client themself.

RELATIONSHIP OF PARTIES

  1. It is understood by the parties that the Service Provider is an independent contractor with respect to the Client and not an employee, partner or member of the Client's organization.

  2. The Service Provider has the sole right to control and direct the means, manner and method by which the Service this Agreement covers are performed. 

  3. The Service Provider has the right to hire assistants, subcontractors or employees to provide The Client with its services. 

  4. The Client will not provide fringe benefits, including health insurance benefits, paid vacation or any other employee benefit for the benefit of the Service Provider.

  5. It is understood that neither party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other.

NON-EXCLUSIVITY

  1. The Service Provider may be engaged or employed in any other business, trade, profession or other activity.

WORK PRODUCT OWNERSHIP​

  1. Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part in by the Service Provider in connection with the Services shall be the exclusive property of the Client.

  2. Upon completion of the service, the Service Provider agrees to provide the Client with a file containing all images, documents and files relating to the contracted and requested service.

PORTFOLIO USE​

  1. Notwithstanding the foregoing, the Service Provider shall be permitted to use all produced items of work in the Service Provider’s professional portfolio, after such items have been made public by the Client. Nothing contained herein will limit the Service Provider’s such right.

LIABILITY

  1. The Service Provider will not be liable for loss, damage or delay of the Client’s project due to circumstances beyond the Contractor’s control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages and inability to contact the Client. In the event of such loss, damage or delay, the Service Provider will make every effort to notify the Client immediately.

INDEMNIFICATION

  1. The Service Provider and the Client shall each defend, indemnify and hold the other harmless (including all affiliates, officers, directors, employees, agents, successors and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgements, interest, awards, penalties, fines, costs or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from bodily injury, death of any person, damage, real or intangible, to property resulting from the other’s acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.

SEVERABILITY

  1. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

By contracting services, you, the Client, acknowledge having read, understood this Agreement. Additionally, you acknowledge that this contract acts as your written consent for the Service Provider to continue engaging in their ongoing and current business activities as outlined above.