The HeartCore Worx Agreement (“Agreement”) is made between HeartCore Worx (“HeartCore Worx” or “We”) and (“You”). HeartCore Worx and You each acknowledge and agree to and accept the following terms and conditions:
- Program Participation and Virtual Assistant Services. By accepting this Agreement, You will become a member of HeartCore Worx Services (“Service”) wherein HeartCore Worx will provide You with high level ongoing virtual assistant support. There are different virtual assistant program packages and depending on the package you choose, you will receive the following: Subscription Packages: these packages are a monthly subscription with a minimum 3 month commitment, and are ongoing until canceled. Must provide 30 days cancellation notice and be fully paid up at the time of the cancellation request. Package details will be provided upon signup and can be requested of your Project Manager or the HCW team at any time.3. The Choice Plus package includes a minimum 10 hours of random VA work per month which need to be used within the month or they are forfeited. Any hours used over the 10 minimum are charged at the hourly rate of $40 per hour as indicated in the payment for services below. This package is a monthly subscription that is ongoing until canceled. The following packages are One Time Purchase Packages: they are not recurring: The Core Worx Package includes all the tech and speaker administrative support for your summit event and must be used within 3 months of purchase (more details of the package can be requested at any time). The Core Plus Package includes everything in the CoreWorx package, plus speaker research and outreach to find speakers for your event. This must be used within 4 months of purchase. For packages that go over the 3 or 4 month expiry date, due to client delays, the client will be automatically put on the Choice Plus monthly package to continue work. Only management reserves the right to extend packages. Pre-paid hourly packages purchased prior to 2022 will only be valid under management approval, and converted to a recent hourly rate to be used on a current package. HireMyPeople package terms: For any blogs or social media content created by Hire My People, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog and /or content created. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and HeartCore Business may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause HeartCore Business liability. You must immediately notify HeartCore Business, Heartcore Worx, or Hire My People of any unauthorized uses of your blog, your account or any other breaches of security. HeartCore Business will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a blog, comment on a blog, post on or comment on social media post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by HeartCore Business or otherwise.
- Payment for the Services. The Service(s) is for 30 days and will continue until canceled and HeartCore Worx agrees to provide the services
described in Section 1. In exchange for these services, You agree and accept to pay the monthly service fee until at which time you choose to cancel services. You agree and accept to remit the down payment and the balance payments to HeartCore Worx via a pre-authorized electronic debit to the bank account or credit card specified by You during the down payment. You agree and accept to make the down payment and balance payments regardless of Your level of participation in the Service. HeartCore Worx is authorized to collect the then-applicable fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. HeartCore Worx is not obligated to refund any charges for services rendered. An automatic recurring payment will continue monthly until it is canceled by you. A 30-day cancelation notice must be provided in writing to [email protected] to cancel services. (Example, If You contract your services on the 1st for the 30 days and then on the 14th of that same month you decide to cancel, you will be charged for the first half of the next month) For the ChoicePlus package,, Heartcore Worx is authorized to automatically debit the cost for services performed beyond the minimum 10 hours on the 15th and 30th of each month. For clients who purchase hours, service will continue until all hours are used and or additional hours are requested. Hours once purchased are non refundable. Refund policy: We want to ensure that all HCW and HMP clients are happy with all work received. We cannot guarantee results, however we will do everything we can to work with you to ensure we deliver. If a client is unhappy the steps to take are: 1) Let your Project Manager know 2) email [email protected] with the issue you are experiencing. 3) Meet with management to attempt to resolve the issue. If, after this, you are still not happy with the outcome and we are deemed not to have delivered from our end, a refund will be provided under the following conditions: money paid will be refunded less onboarding fees (if already set up with drive, slack, project management), any work already completed by the HCW team that is part of the package and deemed by management to be to a high standard at the rate of $50/hour, less a 10% administration fee due to costs associated with providing the refund. Refunds requested during the 3 day cooling off period will be processed in full. Refunds requested after the 3 day cooling off period will be subject to the above mentioned terms. Once agreed upon, refunds will be processed within 5 business days.
- HeartCore Worx Does Not Guarantee Results. HeartCore Worx is convinced You will derive great benefits from Your participation in the Service and is dedicated to helping You become as successful as You envision. However, HeartCore Worx does not guarantee or represent in any way that You or Your business will attain a certain level of sales, profits, earnings, or any other metric of success, either in the short-term or long-term. You and Your business’s success depends on many factors, including but not limited to Your personal motivation, Your participation in these Services are an investment. None of the stories shared or examples used in HeartCore Worx’s materials, on its website, or during its calls or events is a guarantee of any particular result or success. HeartCore Worx disclaims any express or implied promise or representation other than those contained in this Agreement.
- Confidentiality.
You agree and accept that HeartCore Worx’s methods, processes, and strategies utilized in the Services are the sole and exclusive property of HeartCore Worx and constitute a confidential proprietary system that is protected by law, including but not limited to copyright, trademark, and trade secret law. HeartCore Worx’s system includes all materials associated with the Virtual Assistant Program and the business coaching strategies We teach, and all associated advice. You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the Service, (ii) is required by valid legal process (whereby You agree and accept to provide prompt written notice of such legal process to HeartCore Worx so that We can take appropriate legal action to protect HeartCore Worx’s interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You further agree and accept that any violation of the terms of this Section 5 will cause substantial and irreparable harm to HeartCore Worx and that HeartCore Worx is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.
- Cancellation of Services. If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if You fail to make any two payments on time, HeartCore Worx is permitted to cancel Your services by providing written notice of cancellation to You at the email address provided by You. Upon cancellation, You agree and accept to pay to HeartCore Worx a cancellation fee equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the minimum term agreement. The cancellation fee is due immediately and HeartCore Worx is authorized to collect such fee immediately, including by debiting Your bank account or credit card on file. You agree and accept that the cancellation fee is an amount of agreed upon damages and is not a penalty. HeartCore Worx shall have no further obligations to perform under this Agreement following cancellation.
- Termination from Services. You agree and accept that HeartCore Worx may terminate You from the services by providing You with written notice of termination if We determine in our discretion that You are conducting Yourself or Your business in a manner that is disparaging or disruptive to HeartCore Worx, that infringes upon HeartCore Worx’s intellectual property or other rights, or that violates the confidentiality provisions set forth in Section 5. Termination under this Section 6 does not constitute cancellation, and all payments under Section 2 shall immediately become due and payable upon termination.
- Advice Not Given. You agree and accept that the services are not intended to and do not provide You or Your business with any legal, tax, financial, or accounting advice.
- Use of Likeness. You agree and accept that HeartCore Worx is authorized to record, photograph, or otherwise capture Your likeness, voice, images, interviews, and statements made in connection with Your participation in our services for HeartCore Worx’s own use. You hereby assign to HeartCore Worx all rights, title, and interest to have and to use, royalty free, any such likeness or portion of Your participation in the services for advertising, marketing, documentary, informational, training, or any other lawful purpose.
- Arbitration Agreement. HeartCore Worx and You each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, HeartCore Worx and You are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury. The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either HeartCore Worx or You may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, which decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in San Diego, California, unless otherwise required by law.
- GDPR Compliance. You agree and accept that HeartCore Worx will be using your personal data entered here to deliver the product or service you are purchasing and to communicate relevant information about the delivery of the product or service to you. In accepting this agreement you are indicating that you have read and accept our Privacy Policy and our Terms of Use.
- Entire Agreement. The terms of these terms and conditions constitute the entire agreement between HeartCore Worx Worx and You and supersedes any prior or contemporaneous written, oral, or implied agreement related to the Program. If any portion of this Agreement is unenforceable, such portion shall be severed and the remainder of this Agreement shall be fully enforceable.
- Governing Law. The construction, interpretation, and application of the terms of this Agreement are governed by the laws of the State of California, without regard to its conflict of law rules.
NOTICE OF CANCELLATION
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN 3 BUSINESS DAYS FROM THE DATE OF YOUR SIGNED ORDER FORM. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU UNDER THE CONTRACT OR TRANSACTION WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER IN SUBSTANTIALLY AS GOOD A CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR TRANSACTION, OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK. IF YOU MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, DATE/TIME STAMPED NO MORE THAN 3 DAYS AFTER PURCHASE EMAIL [email protected]
NOT LATER THAN MIDNIGHT OF THREE BUSINESS DAYS AFTER THE DATE OF TRANSACTION. I HEREBY CANCEL THIS TRANSACTION.
Date of Transaction ___________________________________________
Date of Cancel Request ________________________________________
Buyers Signature _____________________________________________
Importantly, the three day period provided for in this section does not commence until the consumer is furnished a “Notice of Cancellation” and the address at which such seller can be given. If those conditions are met, the seller must return to the consumer the full amount of any payment made or consideration given under the contract or for the merchandise.
