DESCRIPTION OF SERVICES. Alyssa Avant and Company will provide to Client the following services (collectively, the "Services"): Virtual Assistant (VA) Matchmaking services including (but not limited to) sourcing qualified VA's for introduction, formal introduction of VA's to Client, and assistance/guidance with choosing the VA most suited to the Client's business or personal needs.
EXTENT OF SERVICES. Alyssa Avant and Company will provide no less than two (2) independent Virtual Assistants for the Client to interview and choose between for placement with the Client. Upon the selection of the Client’s desired Virtual Assistant, the Client hereby agrees to sign a separate contract or agreement with that Virtual Assistant. If the Virtual Assistant does not provide such a contract, Alyssa Avant and Company agrees to provide a contract template that may be customized at the discretion of the Virtual Assistant and the Client. The date on which said contract is signed by the Client and the Virtual Assistant will herein be referred to as “The Date of Placement” or “Placement Date.”
INDEPENDENT CONTRACTORS. All Virtual Assistants that Alyssa Avant and Company refers to are Independent Contractors and are not Alyssa Avant and Company employees or agents. They have been thoroughly interviewed, assessed, and evaluated by Alyssa Avant and Company based on skill, experience, and other applicable factors as a condition of their agreement with Alyssa Avant and Company. Alyssa Avant and Company is not liable for past, present, or future actions of any and all Virtual Assistants we may refer to.
PAYMENT FOR SERVICES. In exchange for the Services, the Client will pay Alyssa Avant and Company a one-time matching fee determined by the Alyssa Avant and Company Team.
TERM. These Terms and Conditions will remain in effect for a period of sixty (60) days following the Client’s placement with the independent Virtual Assistant.
CONFIDENTIALITY. Alyssa Avant and Company, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Alyssa Avant and Company, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. Alyssa Avant and Company and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.
NON-SOLICITATION. During the term and for one (1) year after any termination of the relationship, both Alyssa Avant and Company and the Client will not directly or indirectly [on the party’s own behalf or in the service or on behalf of others], in any capacity:
Solicit Business. Solicit the business or patronage of any Customer for any other person or entity,
Divert Business. Divert, entice, or otherwise take away from the Companies the business or patronage of any Customer, or attempt to do so, or
Terminate Business. solicit or induce any Customer to terminate or reduce its relationship with the Companies.
WARRANTIES & REMATCHING. Alyssa Avant and Company shall provide its services and meet its obligations under these terms in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Alyssa Avant and Company’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Alyssa Avant and Company on similar projects.
In the event that Alyssa Avant and Company has referred the Client to a Virtual Assistant and the client desires to terminate their contract with that Virtual Assistant within sixty (60) days following the Date of Placement, the Client is eligible for a complimentary and free rematching with another Virtual Assistant providing all of the following provisions are met:
The Client has properly followed any and all cancellation policies applicable in their individual contract with the Virtual Assistant. Failure to follow the cancellation policies outlined in the Virtual Assistant’s contract will result in the forfeiture of the Client’s right to a complimentary and free rematching without additional fees.
The Client has not been in any way abusive in conduct towards the Virtual Assistant their contract was with. Any notification of abuse by the Virtual Assistant in regards to the Client will automatically result in a forfeiture of the Client’s right to a complimentary and free rematching and an immediate termination of the Client’s Agreement and relationship with Alyssa Avant and Company without refund.
The Client notifies Alyssa Avant and Company via a written notice (e.g. letter to be mailed, email, etc.) of their need for a rematch with another Virtual Assistant within 60 days of the Date of Placement with the initial Virtual Assistant, and provides sufficient explanation in that notice of the reasons they require a rematch. Any need for a rematching that falls outside this 60 day period will result in an additional fee to be paid by the client, not to exceed the initial fee paid and agreed to in Section Three (3) of this Agreement.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate their relationship by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have fifteen (15) days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
REFUNDS. Refunds of any fees paid in conjunction with these terms will only be issued if all of the following provisions are met:
Alyssa Avant and Company fails to provide an introduction and subsequent match to an independent Virtual Assistant
Alyssa Avant and Company provides the Client with at least two (2) independent Virtual Assistant options, and both fail to meet the client’s expectations prior to placement
Once the Client has signed a contract with their chosen Virtual Assistant on the Date of Placement, the Client hereby forfeits their right to a refund of fees paid to Alyssa Avant and Company as a part of this Agreement.
In the event that a Virtual Assistant candidate is provided to the Client and for whatever reason the Virtual Assistant is not deemed a suitable match, Alyssa Avant and Company will make every reasonable attempt to rematch the client with a suitable Virtual Assistant, per the terms of this agreement. Should the Client decide after every reasonable effort has been made that they do not desire placement with a Virtual Assistant, the Client is entitled to no more than a 50% refund of all fees paid upon execution of this contract. The amount of such refund is at the discretion of Alyssa Avant and Company.
Any fees paid in conjunction with the rematching of the Client with a different Virtual Assistant (as outlined in section 6.3 of this agreement) are non-refundable.
ENTIRE AGREEMENT. These Terms contain the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of these Terms will be held to be invalid or unenforceable for any reason, the remaining provisions will 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 will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. These Terms may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. These Terms may be construed in accordance with the laws of the State of Mississippi at the discretion of Alyssa Avant and Company and their designated legal representation.
NOTICE. Any notice or communication required or permitted under this Terms shall be sufficiently given if delivered in person, by certified mail, return receipt requested, or by email (with confirmed receipt via a reply to said email) to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
ASSIGNMENT. Neither party may assign or transfer this Terms without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
PLEASE NOTE: There will not be an agreement signed. If you engage in our Virtual Assistant Matchmaking services you are agreeing to these Terms and Conditions upon payment for these services.