ACCEPTANCE OF TERMS
Lead generation, cold calling, website development, website designing, graphic designing, research, social media management, and other virtual assistant services are the services offered by Virtual Tribe Online Marketing (“we”, “us” or “Virtual Tribe Online Marketing”). By subscribing to or participating in our services, YOU (or the “Client”) agree to be bound by the terms and conditions set out herein. You acknowledge and agree that:
- You will be responsible for complying with these terms
- If you have any promotional code that you would use in our paid services, you will be responsible for complying the promotional/campaign terms and these service terms.
- Any Promotional Offer is not to be used in conjunction with any other offer or existing discounts.
- You shall be responsible for canceling your subscription before the promotional period ends, otherwise, the standard rate applies to the following months.
- You shall not participate in ANY OF OUR SERVICES or permit the participation in ANY EVENTS or OFFERS, in any manner which may adversely affect any other VA’ participation in any of our services, offers and/or events or the goodwill or reputation of Virtual Tribe Online Marketing.
- Participation in any or our services, events and any offers shall be deemed to constitute Your unconditional and irrevocable acceptance of these Terms.
- You shall be responsible for all information that You communicate, submit, transmit or otherwise make available during Your use of, or participation in any of our Services,
- You shall comply with all applicable laws and regulations to the fullest extent when participating in any of our Services.
- Virtual Tribe Online Marketing, to the fullest extent permitted by law, excludes all warranties, rights, and remedies (including warranties implied by statute or otherwise) that You would otherwise be entitled to by law.
The Client engages with Virtual Tribe to provide the Client with the following services of a Virtual Assistant (“VA”) to perform the following (the “Services” or “Virtual Assistant Services”):
- Setting up of appointments and look for opportunities through inbound and outbound calling, lead follow-ups and email campaigns
- Prequalify and nurture leads until ready to make a move
- Answer phone inquiries and route important messages or inquiries to the right party
- Capture phone number, name and email address of inquiries for future follow-up
- Maintain daily, a weekly and monthly report in a professional manner
- Attend sales meetings/role play sessions as advised
- Perform other roles to help in closing from prospecting to closing
- CRM, email and database management.
- Collaboration and tracking of basic information.
- Subject matter expert support to help the VA to perform tasks that are new to the Virtual Assistant.
- One month coaching session with the Virtual Assistant to ensure quality service.
- 1-hour weekly role-play sessions for the VA for continuous growth.
- The Services will also include any other tasks which the Parties may agree on provided that the Client would notify Virtual Tribe to help the VA be equipped to do the tasks. Virtual Tribe hereby agrees to provide such Services to the Client.
Virtual Tribe is governed and follows the State and Federal law. In the event that the Client would order tasks against the binding law or any Code of Ethics or rules and regulations by NAR will be the Client’s sole responsibility and Virtual Tribe nor it’s VA will not be held liable. Furthermore, you acknowledge and agree that:
- You shall not participate in our Virtual Assistant Services or permit the participation in our Virtual Assistant Services in any manner which may adversely affect any other clients’ participation in our Virtual Assistant Services or the goodwill or reputation of Virtual Tribe.
- Participation in our Virtual Assistant Services shall be deemed to constitute Your unconditional and irrevocable acceptance of these Terms.
- You shall be responsible for all information that You communicate, submit, transmit or otherwise make available during Your use of, or participation in our Virtual Assistant Services,
- You shall comply with all applicable laws and regulations to the fullest extent when participating in our Virtual Assistant Services.
- Virtual Tribe, to the fullest extent permitted by law, excludes all warranties, rights, and remedies (including warranties implied by statute or otherwise) that You would otherwise be entitled to by law.
You acknowledge that our Services’ and Website Content’s availability is subject to:
- The availability of resources including, without limitation, the availability, and capability of Virtual Tribe Online Marketing’s Virtual Assistants, systems, website capacity, its support, and available consultants.
- We try our best effort to make sure of reliable and quality information and services but does not guarantee and/or does not make any warranty on the information, website performance, any application accessed by You or any software and/or hardware You and we may use to provide such services and information, or the reliability or quality of the underlying internet service accessed by You or our Virtual Assistants.
- We also do not make any warranty to the completeness of the information we provide on our Site(s).
- Furthermore, the information provided by Virtual Tribe Online Marketing through our website is based on skills gained through years of practice and we do not make any warranty on the effectiveness and/or accurateness of the information we provide nor the services we deliver based on your own strategy, marketing resource and preferred CRM, system, platform, and the likes.
- We try our best to respond to your questions within 24 hours. In the event that we are getting substantial numbers of inquiries and questions, existing clients of ours receive the PRIORITY support.
Where Virtual Tribe deems that You have breached any of these our Virtual Assistant Services terms, including fraudulently participating in our Virtual Assistant Services, it reserves the right to:
- Refuse or restrict access of any Clients to our Virtual Assistant Services, Virtual Tribe Website, or any of Virtual Tribe Platforms;
- Report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to cooperate with such authorities; and/or
- Withdraw or cancel any deal during Your participation in our services.
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
The agreed standard hours of work are based on the subscriber numbers of hours per week.
- Virtual Tribe is compensated for work time that exceeds standard hours with time off at a rate of 1.5 hours off per extra hour work approved in advance by the Client.
- Virtual Tribe and it’s Virtual Assistants follow US holidays and close during these dates:
January 1- New Year’s Day
May (last Monday) -Memorial Day
July 4 -Independence Day
September (1st Monday) – Labor Day
November (3rd Thursday ) – Thanksgiving Day
November (the day after Thanksgiving) – Day After Thanksgiving
December 24 – Christmas Eve
December 25 – Christmas Day
December 31 – New Year’s Eve
- No work no pay policy will be observed yet Client may offer a paid holiday time off based on the Client’s generosity.
- In the event that the Client demands the Virtual Assistant to report during the holidays, he agrees to pay 200% of
Virtual Tribe is entitled to a 5-days paid annual vacation and a 5-days sick leave which would take in effect on Virtual Tribe’s 6th month and will refresh 1st of the year. No additional compensation will be paid for failure to take PTO and no PTO may be carried forward from one twelve month period to another.
ANNUAL PERFORMANCE REVIEW
The performance of the Virtual Assistant will be reviewed annually by Virtual Tribe with the help of the Client based on criteria agreed upon by the Client, Virtual Tribe’s manager and or committee at the beginning of the period subject to review.
FEES AND PAYMENTS
By signing up for our services, you agree to pay Virtual Tribe Online Marketing the fees indicated in exchange for the services.
- Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
- Virtual Tribe will charge the Client for the Services at the rate per hour based on the subscribed service/s of the client (the “Compensation”) for the first 6 months.
- You may pay your subscription through our website, via PayPal, or Online Bank Transfer.
- By default, you are signing up to our services indefinitely.
- In the event that you wish to terminate this Agreement, you will be required to provide 14 days written notice.
- The Compensation will be increased by 10 cents per hour after 6 months based on VA performance and 10 cents on its anniversary year thereafter.
- A deposit of 2 weeks (the “Deposit”) and $50 set-up fee will be payable by the Client upfront upon signing up with the services.
- Your subscription starts at the time of the Virtual Assistant’s onboarding (meet and greet, preparation of the systems, onboarding training).
- Your VA’s services may start on the second or third day of your subscription depending on the tasks you may need your virtual assistant may need to cover.
- The Client will be billed according to the organization’s established pay schedule.
- You may opt in to automatically pay your invoice during your sign up. We use Paypal’s services as our payment gateway and you may opt-out anytime by canceling the autopay on your own Paypal account, your own credit card company or by sending us an email at firstname.lastname@example.org.
- You understand we don’t store any of your financial information nor gain any access to this matter. If you think you may have any issues with your card or account, please coordinate with your bank or provider.
- Any late payments will trigger a fee of 3.00% per month on the amount still owing.
- Refund Policy shall be observed in full force and You are responsible in complying to our Refund Policy.
We take time and effort in creating our content, improving our services and generating tactics and ideas to help our Clients grow their business. We try very hard to make it as valuable as possible to all our Clients and audience. We respect your confidentiality and we demand the same. By using our VA Services, you agree and understand that:
- We may refuse to answer any question that may be in relation to any of our Clients’ information, marketing strategy, clientele, client data records, marketing systems, marketing concepts and the likes that are being used by our clients.
- We may generate ideas, marketing strategies, and the likes to help you grow your business and you are only given a limited license in ALL written and oral information and materials provided by Virtual Tribe Online Marketing.
- You shall NOT reproduce, leak, modify, reverse engineer, copy and/or resell any of our Paid Services, Offers, and ALL Proprietary Information.
- All intellectual property and related material (the “Intellectual Property”) we have on our Site(s) or that we have provided to our Virtual Assistant to provide a quality service is a property of Virtual Tribe Online Marketing. You are granted a non-exclusive limited-use license of this Intellectual Property. This includes but not limited to: i. Marketing strategy, ii. Designs, iii. Marketing concepts, iv. Scripts, v. Training materials and the likes.
- You understand that “Confidential Information” includes the following: (i) ‘Customer Information’ which includes names of customers/clients of Virtual Tribe Online Marketing, their representatives, our clients, all customer contact information, contracts and their contents and parties, customer services, data provided by customers and the type, quantity and specifications of products and services purchased, or leased; (ii) ‘Intellectual Property’ which includes information relating to The Virtual Tribe Online Marketing’s proprietary rights prior to any public disclosure of such information, including but not limited to blogs, video recordings, voice recordings, marketing tactics, systems, and the likes that are not shared to the general public. (iii) ‘Marketing and Development Information’ which includes marketing and development plans of Virtual Tribe, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques and methods of obtaining business, forecasts and forecast assumptions and volumes, and future plans and potential strategies of the Virtual Tribe which have been or are being discussed; (iv) ‘Business Operations’ which includes internal personnel and financial information of the Virtual Tribe, vendor names and other vendor information (including vendor characteristics, services and agreements), purchasing and internal cost information, internal services and operational manuals, external business contacts including those stored on social media accounts or other similar platforms or databases operated by the Virtual Tribe, and the manner and methods of conducting the Virtual Tribe’s business; (v) ‘Product Information’ which includes all specifications for products of the Virtual Tribe as well as work product resulting from or related to work or projects performed or to be performed for the Virtual Tribe or for clients of Virtual Tribe, of any type or form in any stage of actual or anticipated research and development; (vi) ‘Production Processes’ which includes processes used in the creation, production and manufacturing of the work product of the Virtual Tribe, including but not limited to, formulas, patterns, molds, models, methods, techniques, specifications, processes, procedures equipment, devices, programs, and designs; (vii) ‘Service Information’ which includes all data and information relating to the services provided by the Virtual Tribe, including but not limited to, plans, schedules, manpower, inspection, and training information; (viii) ‘Proprietary Computer Code’ which includes all sets of statements, instructions or programs of the Virtual Tribe, whether in human readable or machine readable form, that is expressed, fixed, embodied or stored in any manner and that can be used directly or indirectly in a computer (‘Computer Programs’); any report format, design or drawing created or produced by such Computer Programs; and all documentation, design specifications and charts, and operating procedures which support the Computer Programs; (ix)’Computer Technology’ which includes all scientific and technical information or material of the Virtual Tribe, pertaining to any machine, appliance or process, including but not limited to, specifications, proposals, models, designs, formulas, test results and reports, analyses, simulation results, tables of operating conditions, materials, components, industrial skills, operating and testing procedures, shop practices, know-how and show-how; (x) ‘Accounting Information’ which includes, without limitation, all financial statements, annual reports, balance sheets, company asset information, company liability information, revenue and expense reporting, profit and loss reporting, cash flow reporting, accounts receivable, accounts payable, inventory reporting, purchasing information and payroll information of the Virtual Tribe; and (xi) Confidential Information will also include any information that has been disclosed by a third party to the Virtual Tribe and is protected by a non-disclosure agreement entered into between the third party and the Virtual Tribe.
- Confidential Information will not include the following information: (i) Information that is generally known in the Clients’ industry; (ii) information rightly in the possession of the Client prior to the disclosure to Virtual Tribe by the Client; (iii) information that is independently created by Client without direct or indirect use of the Confidential Information; or Information that Client rightfully obtains from a third party who has the right to transfer or disclose it.
- Except as otherwise provided in this Agreement, the Confidential Information will remain the exclusive property of the Virtual Tribe and will only be used by Client for the Permitted Purpose. You will not use the Confidential Information for any purpose that might be directly or indirectly detrimental to Virtual Tribe or any or any of it’s Clients or any associated affiliates or subsidiaries.
The obligations to ensure and protect the confidentiality of the Confidential Information imposed on Virtual Tribe in this Agreement and any obligations to provide notice under this Agreement will survive the expiration or termination, as the case may be, of this Agreement and those obligations will last for 5 years from the time this agreement has been terminated. Virtual Tribe may disclose any of Your Confidential Information:
- to such employees, agents, representatives, and advisors of Virtual Tribe that have a need to know for the Permitted Purpose provided that: i. Virtual Tribe has informed such personnel of the confidential nature of the Confidential Information; ii. such a person agrees to be legally bound to the same burdens of non-disclosure and non-use as Virtual Tribe; and iii. Virtual Tribe agrees to take all necessary steps to ensure that the terms of this Agreement are not violated by such personnel,
- to a third party where the Client has consented in writing to such disclosure; and
- to the extent required by law or by the request or requirement of any judicial, legislative, administrative or other governmental bodies.
- In the event that any Liabilities are not excluded by the foregoing in this Clause Virtual Tribe’s maximum aggregate liability to You in respect of such liabilities of the Confidential Information, whether under all applicable laws of contract, tort or otherwise, shall be USD 100 (or the equivalent value of such amount in the currency of Your jurisdiction), to the fullest extent permitted by law.
Avoiding Conflict of Opportunities
It is understood and agreed that any business opportunity relating to or similar to the Client’s current or anticipated business opportunities coming to the attention of Virtual Tribe during Virtual Tribe’s retainer is an opportunity belonging to Virtual Tribe.
Accordingly, Virtual Tribe has no obligation in giving out any information to the Client or to the new business opportunity.
Ownership and Title
The Parties acknowledges and agrees that all rights, title, and interest in any Confidential Information made by and will remain the exclusive property of the other Party. Accordingly, the Party specifically agrees and acknowledges that the Party will have no interest in the Confidential Information, including, without limitation, no interest in know-how, copyright, trademarks or trade names, notwithstanding the fact that the Party may have created or contributed to the creation of that Confidential Information.
- The Confidential Information will not include anything developed or produced by them during the term of this Agreement, including but not limited to intellectual property, process, design, development, creation, research, invention, know-how, trade name, trademarks or copyright that: a. was developed without the use of any equipment, supplies, facility or Confidential Information of the Client; b. was developed entirely on Virtual Tribe’s own time; c. does not relate to the actual business or reasonably anticipated business of the Client; d. does not relate to the actual or demonstrably anticipated processes, research or development of the Client; and e. does not result from any work performed by Virtual Tribe for the Client.
SETTLEMENT OF DISAGREEMENTS
Virtual Tribe will recommend a replacement of the Virtual Assistant assigned based on Virtual Tribe’s monthly performance review and will in effect as per your written consent.
In providing the Services under this Agreement it is expressly agreed that Virtual Tribe is acting as an independent contractor and not as an employee. Virtual Tribe and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for Virtual Tribe during the Term. Virtual Tribe is responsible for paying and complying with reporting requirements for, all local, state and federal taxes related to payments made to Virtual Tribe under this Agreement.
Client agrees and covenants that during the term of this Agreement, and for a period of 24 months following the termination of this Agreement, Client will not, directly or indirectly, perform or engage in the same or similar activities as the Company without Company’s written consent.
Client agrees and covenants that for a period of 24 months following the termination of this Agreement, Client will not, directly or indirectly, solicit any officers, virtual assistants, independent contractors, or any customers, clients, suppliers or vendors of Virtual Tribe for the purpose of inducing such party to terminate its relationship with Virtual Tribe in favor of Client or another business directly or indirectly in competition with Virtual Tribe nor for personal use.
OWNERSHIP OF INTELLECTUAL PROPERTY
All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement will be the property of Virtual Tribe. The Client is granted a non-exclusive limited-use license of this Intellectual Property. This includes but not limited to: i. Marketing strategy, ii. Designs, iii. Marketing concepts, iv. Scripts used by the virtual assistant that has been provided by Virtual Tribe, v. Training materials and the likes.
Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with Virtual Tribe.
Virtual Tribe tries very hard to provide a reliable and quality service to our clients but it does not make any warranty on the performance and capability of the virtual services and/or the virtual assistants, Virtual Assistant Services and/or any software or hardware used with Virtual Assistant Services, any application/website of your choice that is being accessed by the Virtual Assistant to provide such services, or the reliability or quality of the underlying internet services accessed by the virtual assistants.
- You accept that Virtual Tribe acts as a mediator to provide services through a Virtual Assistant and shall do every necessary precaution to protect your information.
- You agree that Virtual Tribe shall not be responsible to You for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or related to Virtual Assistant Services (“Liabilities”) including but not limited to (i) The VA’s breach of these Virtual Assistant Services terms, (ii) any alleged unauthorized transactions, disruptions, errors, delays or unavailability of Virtual Assistant Services, to the fullest extent permitted by law.
- In the event that any Liabilities are not excluded by the foregoing in this Clause Virtual Tribe’s maximum aggregate liability to You in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be USD 100 (or the equivalent value of such amount in the currency of Your jurisdiction), to the fullest extent permitted by law.
The Client agrees to indemnify and hold harmless Virtual Tribe Online Marketing, and its respective directors, shareholders, affiliates, officers, virtual assistants, independent contractors, agents, virtual assistants, independent contractors, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission out of your use of Virtual Tribe Online Marketing, its respective directors, shareholders, affiliates, officers, agents, virtual assistants, independent contractors, employees, and permitted successors and assigns that occurs in connection but not limited to your violation of this Agreement. This indemnification will survive the termination of this Agreement.
TIME OF THE ESSENCE
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Virtual Tribe will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
This Agreement will be governed by and construed in accordance with the Philippine law and in consideration of State and Federal Law.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Virtual Tribe reserves the sole right to alter, modify, add to or otherwise vary these our Virtual Assistant Services Terms from time to time, and in such manner as Virtual Tribe deems appropriate at its absolute discretion. In the event of a variation of these our Virtual Assistant Services Terms, if you continue to use our services thereafter, you shall be bound by our Virtual Assistant Services Terms as so amended and shall be deemed to have accepted our Virtual Assistant Services Terms as so amended.
Virtual Tribe shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Virtual Assistant Terms (or any part thereof) or for any inaccuracy, unreliability or unsuitability of Virtual Assistant if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Virtual Tribe’s reasonable control.
If you do not accept any part of this Service Term, please discontinue using our website/s and/or subscribing to ANY of our services, offers and/or events.
If you have any questions about our Refunds Policy, please contact us: