Updated September 16, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENGAGING STEPUP PROFITS FOR VIRTUAL TEAM ASSISTANCE SERVICES (“VA SERVICES”). PURCHASING VA SERVICES FROM STEPUP PROFITS INDICATES ACCEPTANCE OF THESE TERMS.

The following are terms of a legal agreement between you and JPak Advantage Pty Limited. The Stepup Profits (“Company”, “we”, “us”). By purchasing VA Services from Company or any other property held by Company, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.

1. INTRODUCTION: By participating in the Company’s VA Services, you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time in its sole discretion. Please read these Terms and Conditions carefully. As a Client, you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with Company, including all payment terms (collectively, the Agreement). In this Agreement, “you” and “your” refers to the Client.

You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Coaching and/or Consulting Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another Client.

2. TERM, PAYMENT & MODIFICATION: 

All VA Services hours purchased have a validity of 90 days only.

Client agrees to pay to Company all applicable charges, in accordance with the payment terms and conditions including, if any, all applicable taxes.

Client understands and agrees that the VA Services are billed in advance. In addition, if Client has elected to pay Company by credit card, Client agrees to authorise Company to charge its credit card in advance for such payments and for any amounts owed under this Agreement.

If the Client’s payment fails or is not able to be processed within 10 days of the payment due date, Client’s access to VA Services and any work pending will be removed until payment is received.

In the event collection proves necessary, the Client agrees to pay all fees (including all attorneys’ fees and court costs) incurred by that process.

You understand that Company may modify its standard terms and conditions and service offerings from time to time and that JPak Advantage Pty Limited reserves the right to adjust the pricing of such services. 

3. REIMBURSEMENT & REFUND POLICY:  

We can only reimburse the hours worked if it is agreed by management that these hours have been done ineffectively. There will be an investigation for such staff and task, and as a client, you must provide evidence that hours have been misused.

We can only offer a refund on the payment made by Client for VA hours purchased:

  1. If you worked 5 or less hours and you are not satisfied in any way with the service, you may formally request a refund by email to [email protected]
  2. This request must be received by us inside the first fourteen (14) days from your initial payment. After 14 days, this guarantee expires and you will not be able to claim the refund.
  3. This refund does not apply if your account has more than 5 (five) hours logged, i.e used. Records for your running total of hours are kept at your online account where you always have access, it is your responsibility to ensure your hours do not exceed 5 (five) to be able to make this claim.

If your request for a refund is successful under these Terms and Conditions, we will reimburse an amount of your associated invoice less 10% for payment processing & administrative cost. The refund will be paid back by the original payment method.

If you wish to cancel your account or request cancellation of a contract, the remaining balance of the current account will not be refunded.

If you have unused hours after 90 days, the remaining credit is forfeited, unless we receive your request in writing no less than 48 hours prior, to [email protected] requesting an extension. Extensions will be granted at management’s discretion but can be no more than 30 days.

Any changes or cancellation by the client of a task already in progress, Client shall still be charge of the hours rendered by staff for the task.

4. SERVICES:

The VA Services include…

  • General Virtual Assistance e.g. research, data entry, transcription, ebook and PDF formatting, social media management, calendar management, basic reporting etc.
  • Graphic Design and Business Branding, e.g. logo, business card, marketing materials, presentation materials, flyers, brochures, 3d covers, ebook design, branded intro video etc.
  • WordPress design & development, e.g. basic website, ecommerce, landing pages and funnels, sales page, custom WordPress themes, customised WordPress Plugins, CRM management, blog management etc.
  • Special Skills Service (subject to extra loading), e.g. complex CSS & PHP Web Coding, Infusionsoft, Ontraport, Active Campaign, bookkeeping, content article writing, SEO Services, video animation, digital/internet marketing etc.

5. CONFIDENTIAL INFORMATION:

All information disclosed by Client to Company shall be deemed Confidential Information, regardless of whether marked or identified as “CONFIDENTIAL” or “PROPRIETARY.” Notwithstanding anything to the contrary, Confidential Information shall also include, and the provisions of this Agreement shall apply to any other information in oral, written, graphic or electronic form which, given the circumstances surrounding such disclosure to or learning by Client, would be considered confidential.

“Confidential Information” means any non-public, oral, written graphic or machine-readable information, including but not limited to, that which relates to patents, patent applications, trade secrets, research, product plans, products, developments, inventions, processes, designs, drawings engineering, formulae, markets, market research, market plans, software (including source and object code), hardware configuration, computer programs, algorithms, regulatory information, business plans, pricing, agreements with third parties, services, customers, marketing or finances of the Company or one of its subsidiaries or affiliates.

Furthermore any Confidential or Proprietary Information that has been developed or created by Company during the exchange of money for these VA services, is legally owned by you as the Client.

6. CLIENT INDEMNIFICATION OBLIGATIONS: 

Client agrees to indemnify, defend, and hold harmless Company, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with VA Services performed on behalf of Client, Client’s website(s) or contents therein, Client’s conduct, acts or omissions, or any alleged or proven breach by Client of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of Company or its agents or employees.

7. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: 

Company makes no representations or warranties relating to the results of VA Services, including, without limitation, any promotional effect or return on investment thereof. 

In no event shall Company be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.

8. SUCCESSORS AND ASSIGNS: 

Subject to the limitations set forth herein on assignment of this Agreement or the rights hereunder by Client, all of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.

9. CHOICE OF LAW; EXCLUSIVE VENUE: 

This Agreement shall be construed in accordance with the laws of the state of New South Wales, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in New South Wales, Australia.

10. ENTIRE UNDERSTANDING:

This document and any exhibit, schedule, or other supplementary document attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.

11. NO THIRD PARTY BENEFICIARIES: 

The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the parties or their respective successors or permitted assigns.

12. SURVIVAL: 

The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.

13. EXECUTION: 

This agreement is executable upon successful payment from Client. By purchasing any VA Services from Company or any other property held by Company, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.