Disclaimer/Terms of Service
WHEREAS, Signee shall be referred to as “Client,” and AdminPro Consulting LLC shall be referred to as “AdminPro Consulting”.
WHEREAS, AdminPro Consulting has a substantial background in administrative assistance and is willing to provide services to the Client based on this background.
WHEREAS, the Client desires to have services provided by AdminPro Consulting. NOW THEREFORE, it is agreed between the parties as follows: 1. Description of Services
AdminPro Consulting will provide virtual administrative, marketing, and/or creative assistance to the Client as relative to the completed Order Form and any job description(s) provided to AdminPro Consulting by the Client at the signing of this Agreement. Any other services to be provided in the future shall be agreed upon by both parties in writing.
2. Subcontractors
AdminPro Consulting shall utilize the AdminPro Consulting Subcontractor team as they deem necessary to complete Client tasks.
If AdminPro Consulting informs the Client that a project and/or service will be outsourced to a Subcontractor, the Subcontractor is the only employee other than AdminPro Consulting who is permitted to complete the project or service. Additionally, the only information to be discussed between the Client and Subcontractor will related to the assigned project or service.
In no instance will the Client discuss with the Subcontractor financial information, including but not limited to, payments that were made by and between the parties.
3. Fees
Fees will be determined based on Services Packages listed on the completed Order Form. Service Packages and corresponding fees may be altered upon completion of a new Order Form with new terms.
Hours purchased for each service must be used solely for that service. Clients are unable to use or transfer hours from one service for another.
Rates are subject to change with 30 days’ notice.
These terms and conditions create a contract between you (the Signee) and AdminPro Consulting, LLC (which shall be referred to as the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement,
please sign and the date in the given fields at the end of this Agreement.
MONTHLY RETAINER PACKAGES:
If Client surpasses monthly hours allotted, overage fees will apply and are based on the overage hours spent at the current agreed upon package rate. If overage hours are not paid, overage hours will be subtracted from the following month’s allotted hours.
Additional hours may be purchased mid-month at the current agreed upon package rate.
If no termination date is given, this agreement shall be effective until either party terminates the agreement by providing thirty (30) days of written notice to the other party. Once notice is given, Client must pay through those 30 days and has 30 days to utilize current package hours.
BLOCK OF TIME PACKAGES:
Block of Time hours must be used within 90 days of purchase. Client forfeits any unused hours at the end of the 90-day period.
HOURLY PACKAGES:
Client hours can be used at the Client’s discretion.
There is a one hour minimum.
4. Payment Policy
Invoices will be emailed on the 1st business day of each month through QuickBooks and are due on the invoice date.
Payment terms may change if agreed upon and signed by both the Client and AdminPro Consulting.
In the event the Client does not pay invoice fees prior to the 5th business day of the month, Client’s due amount will be withdrawn via ACH from the account given in the completed ACH Payment Authorization form (please reference for ACH payment terms).
If payment to AdminPro Consulting is unable to be completed by charging the credit card on file, Client work will cease until remediation is made.
*Client understands there shall be no refunds under any circumstances.
5. Outstanding Invoices
Late Payment Penalties as listed below will be incurred. In the event that the Client incurs an outstanding invoice, the charges shall accrue as follows:
10 – 16 days past due date: Client incurs a $95.00 late fee charge. AdminPro Consulting reserves the right to refuse completion or delivery of work until past due balances are paid.
16-30 days past due date: AdminPro Consulting reserves the right to refuse completion or delivery of work until past due balances are paid. Monthly late charges of $15.00 or 1.75% (APR of 21%), whichever is greater, will be assessed on unpaid balances every 30 (thirty) days.
30 + days past due date: AdminPro Consulting may use the services of a Collection Agency. Client will be responsible for any Legal Fees for filing fees if an unpaid invoice is sent to a Collections Agency.
If AdminPro Consulting has submitted an invoice for the following month to the Client who refuses to make payment, the Client is in breach of contract and will be subject to be submitted to a Collections Agency.
6. Referral Incentive
If Client refers an individual to AdminPro Consulting and that individual signs as a new client, Client will receive a one-time 10% discount on their next AdminPro Consulting invoice after the new client is on- boarded with AdminPro Consulting.
7. AdminPro Consulting Office Hours
AdminPro Consulting and Subcontractors are generally available during office hours of 8:00am -
5:00pm Mondays through Fridays in their given time zone.
AdminPro Consulting and any Subcontractors will only service Client work outside of office hours and on weekends at their own discretion. Should Client require weekend work or work outside of office hours, Client will incur an additional $25.00 per hour rush fee and will reflect on your invoice at the end of the month.
8. Relationship of Parties
It is understood by both parties that AdminPro Consulting is an Independent Contractor and is not an Employee of the Client. The Client will not provide benefits, including health insurance, paid vacation or any other Employee benefit for AdminPro Consulting. AdminPro Consulting is also responsible for his or her own taxes and other withholdings from his or her payments.
9. Confidentiality
The Client recognizes that AdminPro Consulting may have the following proprietary information:
● Products
● Prices
● Costs
● Discounts
● Future plans
● Client database
● Business affairs
● Personal information
● Other information (collectively “Information”) which are valuable, special and
unique assets of the Client.
The Client’s proprietary information will only be available to AdminPro Consulting and Subcontractors working on Client’s account. AdminPro Consulting agrees not to, at any time or in any manner, either directly or indirectly, use any information for AdminPro Consulting’s own benefit, or divulge, disclose, or communicate in any manner any information to any third party without the prior written consent of the Client. AdminPro Consulting will protect the Information and treat it as strictly confidential. A violation of this article shall be a material violation of this Agreement. The Client agrees to the same Confidentiality regarding the AdminPro Consulting’s proprietary information.
10. Confidentiality After Termination
The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement. The parties mutually agree to respect the information herein as confidential, provided that it is not public knowledge or available in public domain.
11. Non-Competition
Both Client and AdminPro Consulting agree to non-competition regarding their respective
customers. Neither company will attempt to take any customers from the other company for any reason whatsoever. Any Client information will be kept confidential between the companies and will be used for the sole purpose of performing the contractual services as herein defined in this document, unless direct permission to disclose the Client’s and AdminPro Consulting working relationship has been agreed upon in writing.
During the course of relationship with AdminPro Consulting and for a period of 12 months after the cessation of the relationship for any reason, whether with or without cause, Client shall not directly or indirectly, either alone or in concert with others, solicit, entice, or in any way divert any of AdminPro Consulting’s Subcontractors, employees, or AdminPro Consulting to do business with Client directly or any person in competition with AdminPro Consulting, except as expressly permitted under this Section. Notwithstanding the foregoing restriction, at Client’s election and with AdminPro Consulting’s approval, upon payment of [$12,000] to AdminPro Consulting Client may directly employ an employee or Subcontractor of AdminPro Consulting as a virtual assistant, in which event this Agreement will immediately terminate. A lower payment may be agreed upon if AdminPro Consulting continues to provide some ongoing services to Client aside from the services provided by the Subcontractor that will directly work with Client.
12. Source Files and Copyrights
Client will retain all source files for all projects completed by AdminPro Consulting including their copyrights. AdminPro Consulting may use source files for publicity or marketing purposes on the Client’s behalf per the requested job description.
13. Client Representations
Client represents and warrants that the text, graphics, and photographs provided to Designer for the Site are owned or licensed by Client, and that Client is authorized to use and display such items in the manner contemplated by this Agreement. Client shall be solely responsible for the Site and materials on the Site and the validity of copyrights, trademarks and ownership claimed by Client.
Client agrees to indemnify and hold AdminPro Consulting harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result in whole or in part, from: i) any infringement or any claim of infringement of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs provided by Client, ii) any claim by a third party regarding any services or products sold or otherwise distributed by Client, its employees or agents, or iii) any claim, suit, penalty, tax or tariff arising from Client's use of the internet or electronic commerce.
14. Return of Records
Upon termination of this Agreement, AdminPro Consulting shall deliver all records, notes, data, memoranda, passwords, models and equipment of any nature that are in AdminPro Consulting’s possession or under AdminPro Consulting control and that are the Client’s property or relate to the Client’s business.
15. Entire Agreement
This Agreement expresses the whole Agreement between the parties hereto as of the date hereof. This Agreement shall not be changed, modified, terminated, or discharged except by a writing signed by the parties hereto. This Agreement supersedes any prior written or oral agreement between the parties.
This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
All notices required or permitted under the Agreement shall be in writing and shall be deemed delivered when delivered by facsimile, in person, or deposited in the United States mail, postage prepaid, or through secure website, DocuSign to the intended party’s current mailing address and email address, if applicable.
Both parties will alert the other of a change in contact information.
16. Severability
If one or more of the provisions hereof shall be held to be invalid, illegal or unenforceable, the validity and enforceability of its other provisions shall not be affected thereby.
17. 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 of this Agreement.
18. Applicable Law
This Agreement shall be governed by the laws of the State of Maryland [ MD ], [ USA ] AdminPro Consulting state of business registration.
19. Limited Liability
AdminPro Consulting’s liability on any claim of any kind for any loss or damage arising out of, in connection with or resulting from this agreement or from the performance or breach thereof shall in no case exceed the total amount of the invoice which gives rise to the claim.
20. AdminPro Consulting does not guarantee interviews and or job placement when performing Resume Building | Writing services.
Kind Regards,
Chandra White, CEO
AdminPro Consulting LLC
P.O. Box 34274
Essex, MD 21221
Phone: 443-220-2266
Email: apro@adminprosconsulting.com