Terms and Conditions: Virtual Accelerator (VA) Packages
Updated 1 January 2023
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PURCHASING VIRTUAL ACCELERATOR PACKAGES OR MARKETING SUPPORT PACKAGES (“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 (ABN 32 137 772 831) trading as Step Up Profits (“Company”, “we”, “us”). By purchasing VA Services from 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 acknowledge and agree to abide by these Terms and Conditions, as they may be amended by Company from time to time in its sole discretion.
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 VA 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. SERVICES
The VA Services include:
• General Virtual Assistance e.g. research, data entry, transcription, ebook and PDF formatting, social media management, basic reporting etc.
• Graphic Design, e.g. logo, business card, marketing materials, presentation materials, flyers, brochures, 3D covers, ebook design, intro video etc.
• Web design & development, e.g. basic WordPress website, ecommerce, landing pages and funnels, sales pages, custom WordPress themes, customised WordPress Plugins, CRM management, blog management, Squarespace, Wix etc. (Note: Please check with us if your web platform is not specifically noted here)
• Special Skills Service (subject to extra loading on the hourly rate, e.g. up to 1.5x hourly rate), e.g. complex CSS & PHP Web Coding, Infusionsoft, Ontraport, Active Campaign, content article writing, SEO Services, video animation, digital/internet marketing including assistance in implementing any paid media campaigns, e.g. Facebook ads, Google ad campaigns etc.
For avoidance of doubt, VA Services do not include business or financial advice or any marketing strategy or copywriting.
Communication & Instructions for your VA Services
Client agrees to provide all communication and instructions for VA Services through Basecamp, a dedicated project management portal provided to you, at our cost, as part of the VA Services.
Company cannot be held responsible for implementing instructions or responding to communications provided outside this nominated project management portal.
VA Services Office Hours
In Australia, Mondays to Fridays 10AM – 6PM AEST
In the UK, Mondays to Fridays 8AM to 4PM GMT
In the US, Mondays to Fridays 8AM to 4PM EST
As the majority of our employees and contractors are in Australia and the Philippines, we generally observe public holidays for these regions including a continuous 2-week period over Christmas and into the New Year. During this time VA package validity will be extended accordingly.
For all office closures outside observed public holidays, we will provide email notification as far in advance as is reasonably possible, notwithstanding some circumstances may not be within our control.
Virtual Office Hours Calls with the Team
These group calls are held weekly and facilitated by our in-house coaches and project managers to support clients map out their workflows, assess resourcing requirements and help you break through obstacles to implemantation
Turnaround Time
We will acknowledge and respond to Client’s instructions in Basecamp during Office Hours only.
We will endeavour to get back to you within 24-48 hours of instructions lodged in Basecamp. Depending on the task and level of complexity, turnaround time to complete the task may be longer than 24-48 hours. In any case we will provide an update within that time.
Please note that communication or any instructions provided outside Office Hours will be queued and responded to only during our designated Office Hours.
Implementation Vault
Bonus membership portal with access to our workflows, cheatsheets, templates and growth strategies provided to Clients with an active subscription.
For the avoidance of doubt, Clients who have requested to pause or cancel their monthly renewals are considered inactive and access will be revoked at the same time renewals are paused or canceled.
3. TERM, PAYMENTS & MODIFICATIONS:
VA Services are available at allocations of 20, 40 or 80 hours per month.
Latest pricing as indicated on our VA packages page
All VA Services hours purchased, including renewals, have a validity of 90 days only. Client pays for the benefit of using our marketing support team Services, made available to you, on-demand within that time frame. We reserve the right to forfeit unused hours after it expires.
Client agrees to pay to Company all applicable charges, in accordance with the payment terms and conditions including, if any, all applicable taxes.
Client acknowledges and agrees that the VA Services are billed in advance. In addition, if you have elected to pay us by credit card, you agree to authorise us to charge your credit card in advance for such payments including future payments on service renewals, and for any amounts owed under this Agreement.
Client acknowledges and agrees that VA Services are monthly subscriptions. These VA Services begin as soon as your order is processed and will continue without renewal notice until Client cancels.
Client is responsible for ensuring that there are sufficient funds available in your nominated payment method to meet any withdrawals made by us on their scheduled due dates.
As there is no annual contract, you are not locked in to any minimum terms and your monthly rate is subject to change; but you will be notified of any change in your monthly rate with the option to cancel in accordance with these terms.
Cancellations can be made at any time, in writing to [email protected].
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 Company reserves the right to adjust the pricing of such services.
4. 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 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.
Cancellations:
If you wish to cancel your account or request the 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 as this holds up available staff time to service other accounts.
Any changes or cancellations by the client of a task already in progress, Client shall still be charged the hours rendered by staff for the task in progress.
Terminations:
Company may suspend the VA Services or terminate this Agreement with Client, at our option, without prejudice to any of our rights, in the following circumstances:
– when there is a conflict of interest;
– when Client is disruptive or difficult to work with;
– when Client defaults on any invoices or payment terms;
– when Client commits an act of bankruptcy or fraud; or
– where there is any breach under this Agreement.
In the event of termination, Client’s access to all VA Services will cease immediately and all amounts outstanding under this Agreement will become due and payable.
Dispute Resolution
In the event of a dispute, Client acknowledges and agrees that at no time will any communication or discussion be made public, including but not limited to any social media websites, public or private forums. Any discussion or comments revealed to 3rd parties not associated with the dispute resolution, considered defamatory, negative or damaging will be the subject of compensation in any mediation or litigation claim.
In the event of a dispute that cannot be resolved under the terms of the Agreement both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute with each party responsible for their individual costs incurred.
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. As such, you acknowledge and agree to be responsible for the storage and security of your Confidential and Proprietary Information.
Client also acknowledges and agrees that whilst Company will take all reasonable efforts to protect your privacy and confidentiality, we cannot provide an absolute guarantee when utilising online technology.
Company will not disclose any Confidential Information, except where it is required by Law. For more specific information regarding privacy and disclosure please refer to our Privacy Policy.
6. CLIENT INDEMNIFICATION OBLIGATIONS:
Client acknowledges and agrees to indemnify, defend, and hold harmless Company, against all claims whatsoever arising directly or indirectly as a result of any breach by Client of this Agreement.
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.
In no event shall Company be responsible for any consequential, special, lost profits, or other damages of any kind arising under this Agreement.
In any case, Client acknowledges and agrees that Company’s liability will not exceed the amount paid by you subject to any costs we may incur as a result of delivering the VA Services and pursuant to this Agreement.
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. NON SOLICITATION
Client agrees not to directly or indirectly solicit, canvass, offer or otherwise agree to secure goods or services of any person who is an employee or contractor of our Company.
Client also agrees not to on-sell or provide goods or services that are the same or similar to the Company’s except where there is a prior agreement in writing.
10. CHOICE OF LAW:
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.
11. 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.
12. 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.
13. 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.
14. EXECUTION:
By purchasing the VA Services from 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. This Agreement may be signed electronically in counterparts.
