Terms & Conditions
Effective Date: December 5, 2020
Last Updated: January 4, 2021
This Work for Hire Agreement (“Agreement”) is made between The Boss Babe Organization, LLC and You/Your company.
In this agreement, the party who is contracting to receive the services shall be referred to as the “Client” and The Boss Babe Organization LLC, hereafter shall be referred to as the “Service Provider”.
DESCRIPTION OF SERVICES
Service provider will provide the following services (collectively, the “Services”):
Business Management and/or
Executive Virtual Administrative Assistant (EVA)
It is understood that this work can evolve over time as new services are provided to the Client. This agreement may be amended if the amendment is made in writing and is signed by both parties. Client and Service Provider may agree in a separate, written document to expand the scope of Services to include additional tasks. Such written document may be informal, such as an email.
3. SERVICE LOCATION
The Service to be provided under this Agreement shall be performed at the Service Provider’s place of business. (i.e. Home Office)
4. SCHEDULE AND DAYS OFF
Service Provider assistance is generally available to provide Services during normal business hours: Monday - Friday 9:00am – 5:00pm EST, excluding all major US holidays. Any vacation time to be utilized by Service Provider will be provided to Client at least (7) days in advance. If there is a need for a sick day(s), Client will be notified immediately.
5. PAYMENT FOR SERVICES
Client will pay compensation to Service Provider for the services at a rate determined during the initial consultation. This compensation shall be payable and due prior to the initiation of services. By agreeing to the Terms and Conditions, the Client is confirming knowledge of specific rate of requested service. If the Client is taking advantage of the pay-in-full payment structure appropriate discounts will be applied at checkout.
Either party may terminate this agreement upon fourteen (14) days written notice to the other party. Each party may terminate the Agreement immediately without prior notice in the event of a breach of this Agreement by the other party. Upon Termination, Service Provider shall invoice Client for any payment due, and payment will be due immediately upon receipt.
7. NON-DISCLOSURE AND NON-SOLICITATION
Service Provider shall not directly or indirectly disclose to any person other than a representative of 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 Client, including but not limited to customer lists, contacts, financial; data, sales data, supply sources, business
opportunities for new or developing business, plans and modes, or trades of Secrets. Furthermore, Service Provider agrees that during the term of this Agreement, and for 2 years following the termination of this Agreement, Service Provider shall not directly or indirectly solicit or attempt to solicit any customers or suppliers of Client other than on behalf of client him/herself.
8. RELATIONSHIP OF PARTIES
It is understood by the parties that Service Provider is an independent contractor with respect to the Client and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Service Provider. The Service Provider is also responsible for their own taxes and other withholdings from any payments.
Neither party is by virtue of this Agreement authorized as an employee, or legal representative of the other. Except as specifically set forth herein, neither party shall have the power to control the activities and operations of the other and its status and at all times will continue to be that of an independent contractor relationship. Client may allow Service Provider to act as the authorized legal representative, but such circumstances under the terms of this agreement, but such circumstances will be agreed by both Parties in writing beforehand.
9. WORK PRODUCT OWNERSHIP
Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in party in Service Provider connection with the Services shall be the exclusive property of the Client. Upon request, Service Provider shall sign all documents necessary to confirm or perfect the exclusive ownership of the Client to the Work Product. Service Provider agrees that they shall:
Not disclose the confidential and/or proprietary information by any means not authorized by the Client to any third parties.
Not copy or duplicate the confidential and/or property information unless specifically directed to do so by the Client.
Not disclose the confidential and/or proprietary information by any unauthorized means to any third parties for a period of at least one year following the termination of this agreement.
Not use the confidential and/or proprietary information for any purpose except those expressly authorized by the Client.
Inform Client immediately if Service Provider becomes aware of any unauthorized use or disclosure of the confidential and/or proprietary information.
10. LIABILITY AND DISPUTE RESOLUTION
Service Provider will not be liable for loss, damage or delay of Client’s project due to circumstances beyond Contractor’s control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, and inability to contact Client. In the event of such loss, damage or delay, Service Provider will make every effort to notify Client immediately.
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. Claims necessitating arbitration under this section include, but not limited to: contract claims, troy claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. The Parties, in agreement with this sub-part of the Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. (Conflicts with Term/Termination)
Service Provider will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Service Provider, or divulge, disclose or communicate in any manner any information that is proprietary to the Client. Service Provider will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Service Provider will return to Client all records, notes documentation and other items that were used, created, or controlled by Service Provider during the term of this Agreement with the exception of items purchased by Service Provider and not reimbursed by the Client.
12. ENTIRE AGREEMENT
This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement, whether oral or written. This agreement supersedes any prior written or oral agreement between the parties.
If any provision of this Agreement shall be held 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.
14. WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision.
15. APPLICABLE LAW
This agreement shall be governed by the laws of the State of New Jersey, the Service Provider’s state of business registration.