Terms of Service
This website (“Site”) and its services are provided to you by VA Booth. Your access to and use of this Site is subject to these Terms of Service. By accessing this Site and using our services, you, the Client (“Client”), agree to be bound by these Terms of Service whether or not you have read them. All Terms of Service provisions shall be binding upon the Client’s subsidiaries or other related and affiliated entities that the Client may now or hereafter own or have any interest in. If you do not agree to these Terms and Services, do not access this Site or use the VA Booth Services. By agreeing to the Terms of Service when signing up for the services and checking the box, you are deemed to have executed this agreement electronically under the E-Sign Act. VA Booth may at its sole discretion modify these Terms of Service at any time, and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site and our services will indicate your acceptance of these modified Terms of Service.
PRICE AND AVAILABILITY
The products and services offered or referred to on this Site are subject to availability. Therefore, the prices stated for such services are subject to change without notice.
RELIANCE ON INFORMATION
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at VA Booth’s discretion.
CHANGES TO THE SITE
Changes may be made to the information, names, text, software, images, pictures, logos, trademarks, products and services, and any other material displayed on, offered through, or contained.
CHANGES TO TERMS AND CONDITIONS
At its sole discretion, VA Booth may modify these Terms of Service at any time, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. Accordingly, you agree to review these Terms of Service. Following such changes will indicate your acceptance of these modified Terms of Service; you must immediately stop using this Site and our services.
PRIVACY POLICY
VA Booth’s privacy statement governs VA Booth’s information practices on this Site. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under 18.
NON-SOLICITATION
The Client acknowledges that VA Booth recruits, trains, and contracts its assistants and that this is a costly and time-consuming endeavor. Should Client wish, during and within two (2) years following the termination of this Agreement-measured from the extension thereof-to directly or indirectly employ, or contract, whether, through the same entity or any affiliated or related entity, any assistant who shall have contracted with VA Booth, the said Client shall first pay VA Booth the sum of $20,000 per assistant, which reflects the reasonable value of VA Booth’s time and costs?
LINKS
This Site may contain links to references to third-party websites. These links are provided for your convenience only. No endorsement of any third party products, services, or information is expressed or implied by any information material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products, or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not VA Booth or its affiliates. Your use of such third-party websites is subjected to such websites’ terms of service and privacy policies.
CONNECTIVITY, FORCE MAJEURE
Though infrequent, the subscriber should realize that the power and internet interruptions in the Philippines may at times occur, VA Booth cannot be held responsible for these interruptions. Furthermore, VA Booth can not be held accountable for delays or the failure or omission of Internet Service Providers due to any cause beyond their control not due to its willful and intentional fault or negligence and which cannot be overcome by the exercise of due diligence, including but not limited to labor disturbance, human or equipment breakdown, acts of God or force majeure, whether or not the cause of same class or kind as those herein.
VA Booth is free from any responsibility for any loss or damage resulting from Internet services’ failure caused by a malfunction of the ISIP Network or CPE (customer-provided equipment) and/or Peripherals for any reason whatsoever. Notwithstanding any other provision of these Terms, VA Booth will not for any reason be liable for any indirect, incidental, out-of-pocket expenses, consequential, punitive, special, or other similar damages, including but not limited to damages resulting from loss of actual or anticipated revenues or profits, or loss of business, data or goodwill.
JURISDICTION AND PRIVACY
The laws of Canada govern this service.
Without your agreement, we will not share, rent or sell any personal information with third parties other than what is disclosed in the privacy statement. We collect and store Personal Information that specifically identifies you or your Account. The information you would be required to submit is your first name, last name, street address, city, state, zip/postal code, country, email address, and credit card information. Credit card information is transmitted via SSL (“Secure Socket Layer”) encryption for your protection.
SUBSCRIPTION HOURS
You are subscribing to a monthly number of service hours to be performed by a dedicated assistant (i.e. not by a pool of assistants). These hours are to be used by you in the said monthly period during business days, not on weekends or holidays (unless specifically agreed upon in writing), and at the agreed-upon time of the business day (e.g. every business day from 9 am to 1 pm). The hours are not transferable to other persons and do not carry over to another period. The subscription and available daily hours are based on 20 business days per billing month. For billing months where there are more than 20 business days, the additional business day(s) hours will be billed in addition to the monthly subscription rate at the pro-rated hourly rate. This hourly rate is computed by dividing the subscription rate by the number of monthly hours (i.e. monthly rate/number of hours in subscription= hourly rate used for overage calculation). The professional plan of 50 hours per month is limited to one person only.
HOW TO SUBSCRIBE
To subscribe to VA BOOTH, you must provide your name, billing address, email address, and credit card (in the future referred to as your “Payment Method”) for payment of the monthly subscription fee. By subscribing to the VA BOOTH services and by accepting the benefits of VA BOOTH you agree that as a condition of your continued subscription to VA BOOTH you authorize VA BOOTH or its agent to charge your Payment Method the periodic VA BOOTH subscription fee applicable to your subscription plan (e.g. 50 hours, 160 hours), as your Payment Method will be charged on the anniversary date every month. If your periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid subscription started on the 31st day of a month and the following month has 30 days), your Payment Method will be charged on the first day of the following month. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable periodic subscription fee. If applicable, you agree to pay the applicable regular subscription fees by your Payment Method issuer agreement. You also authorize VA BOOTH to charge your Payment Method for any other charges you may incur associated with your VA BOOTH subscription and this agreement, such as overages.
EXPIRATION DATE AND DECLINE OF CHARGES TO YOUR PAYMENT CARD
If your Payment Card does not accept charges for any fee, your subscription will be automatically suspended. You have a period of 3 days from the date your Payment Card was declined to provide us with a valid payment option by either rectifying the issue with the Payment Card issuer or providing new Payment Card information by contacting us. Suppose VA BOOTH is able to charge your new Payment Card during the 3-day period, and any past VA BOOTH fees are paid. In that case, VA BOOTH services will continue uninterrupted. This Payment Card will be used to charge the applicable periodic subscription fee for each consecutive subscription period until your VA BOOTH subscription is canceled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If VA BOOTH is unable to charge your Payment Card (existing or new, if you have provided further Payment Card information), throughout the 3 days, then your VA BOOTH subscription will be indefinitely suspended beginning on the 4th day from the date your Payment Card was initially declined. If the charge is accepted later, then your VA BOOTH benefits will be reinstated as of the date the charge is accepted. The charge date becomes your new periodic anniversary date and the Payment Card will be used to charge the applicable regular subscription fee for each consecutive renewal period until your VA BOOTH subscription is canceled. It will be your Payment Card for all purposes.
CANCELLATION OF SERVICE
The initial periodic VA BOOTH subscription fee is valid for an initial subscription period starting on the date your assistant starts working for you. For example, if your VA BOOTH billing period begins on June 18 (the first day your assistant started working for you), your initial subscription fee entitles you to VA BOOTH benefits until July 17, and your Payment Method will be charged on July 18 (the anniversary date) for the period of July 18 through August 17. If you can cancel your VA BOOTH subscription up to one week before the next billing period, you will not be charged for any additional renewals. For example, if your anniversary date is the 18th of each month and you cancel your VA BOOTH subscription on Aug. 10, then you will not be charged on Aug. 18 (for the Aug. 18 to Sep 17 period) and your VA BOOTH subscription term will terminate on Aug 17. To cancel send an email to admin@vabooth.com with Cancel My Account and your name in the header, from the email account you have been using to interact with VA BOOTH and the reason for cancellation in the body of the message. If you do not receive an acknowledgment of your cancellation notice within 24 hours, please verify that the email was sent and resend. There are no refunds for any time period (or portions thereof) already billed or paid for.
VA BOOTH may suspend or cancel a VA BOOTH subscription account or otherwise restrict your use of VA BOOTH, at its sole discretion, with or without cause.
INDEMNITY AND LIMITATION OF LIABILITY
The Client will defend, indemnify and hold harmless VA BOOTH from and against any claims, costs, losses, damages, judgments, penalties, interest, and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) arising out of any third-party claim, action, investigation, audit, inquiry or proceeding that arises out of Client’s violation of any applicable law, rule, or regulation. To the extent permitted by law, the Client will defend, indemnify, and hold VA BOOTH and its directors, officers, employees, agents, representatives, and assistants harmless from all claims, losses, and liabilities (including reasonable attorneys’ fees) to the extent caused by Client’s breach of this agreement; its failure to discharge its duties and responsibilities; or the negligence, gross negligence, or willful misconduct of Client or Client’s officers, employees, or authorized agents in the discharge of those duties and responsibilities. Neither party shall be liable for or be required to indemnify the other party for any incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in connection with this agreement, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise) and regardless of how characterized, even if such party has been advised of the possibility of such damages.
PAYMENT METHODS
VA BOOTH will only accept the following major credit cards for subscriptions: MasterCard, Visa, Discover, and American Express. VA BOOTH reserves the right to change the Payment Methods accepted at any time, at its sole discretion, without prior notice.