Service Terms and Conditions
SERVICES: Upon acceptance and approval of my Service Agreement (“Agreement”), Free You Up VA agrees to make commercially reasonable efforts to provide the services I have selected, and I agree to use those services, in accordance with these terms and conditions of this Service Agreement. Work interactions on your account are measured from start to conclusion of work associated with the interactions of one of the following: Virtual Administrative Services have a six (6) minute minimum and are billed in one (1) minute increments thereafter. All applicable rights in copyrights, trademarks, and trade secrets in the service are owned by Free You Up VA. I will not sell, transfer or otherwise make available the service to any third parties without the prior written approval of Free You Up VA. Service is provided for use only by me and my authorized agents.
BILLING AND PAYMENT: Monthly recurring charges are billed in advance, and usage charges in excess of the monthly allowance are billed at the during the first of each month, I am responsible for payment of all charges for any services performed on my behalf by Free You Up VA. Rates reflect charges for services rendered by Free You Up VA and do not include charges for outside vendor services or merchandise purchased to complete the service requested. Payments are due in Free You Up VA offices on or before the due date. Free You Up VA reserves the right to require payment outside the regular monthly billing cycle. If bill is not paid before the due date, a late fee in the amount of one and one-half percent (1.5%) of the unpaid balance will be applied to my account. I agree that a late fee is a reasonable pre-estimate of Free You Up VA damages for late payments. I will be assessed a charge of thirty-five dollars ($35.00) for each check or other payment to Free You Up VA which a financial institution refuses to honor for any reason.
TERMS AND TERMINATIONS: This Agreement shall be in effect for a minimum term of __________ ( ) days and will remain in force on a month to month basis thereafter until terminated by either party upon thirty (30) days written notice. Clients have up to thirty (30) days from the date of purchase to use the hours of service. Free You Up VA does not provide refunds or credits for expired or unused service hours. Should I want to cancel services in the middle of a three (3), six (6) or nine (9) month service agreement, I must provide Free You Up VA a thirty (30) day notice in writing and I understand I will be charged for the remaining month regardless to whether I use the service hours or not. Free You Up VA has the right to deny any requests that are questionable or illegal. Services required outside of normal business hours are subject to 15% of the service fee. Free You Up VA reserves the right to increase any of its rates or charges at any time upon thirty (30) days notice. If I fail to pay any bill within ten (10) days of its due date, Free You Up VA may restrict or terminate my service. I must give Free You Up VA written notice of cancellation. I will not use the services for any unlawful purpose and only use the services in accordance with the terms and conditions of this Agreement. I understand that Free You Up VA may immediately restrict or disconnect my service without notice for any violation thereof. If I fail to meet my service agreement, I may be debited an early termination fee for 20 percent of my remaining monthly recurring charges.
DISPUTE RESOLUTION: I will send Free You Up VA a written notice of any dispute on my bill within thirty (30) days after the statement date, or such statement shall be deemed to be correct and payable in full. I will provide detailed information regarding any dispute, and I agree to cooperate with Free You Up VA in an investigation of disputed matters. If Free You Up VA initiates legal proceedings to collect any amount due hereunder and Free You Up VA substantially prevails in such proceedings, then I will pay Free You Up VA costs and reasonable attorneys’ fees in such proceedings and any appeals. I waive any and all rights I may have to a jury trial in connection with any proceedings concerning this Agreement.
LIMITED WARRANTIES, REMEDIES, AND DAMAGES: Free You Up VA does not warrant that it will have sufficient resources to handle unexpected increased service requests. Free You Up VA does not warrant that the service is error-free, or will operate without delays or interruptions. Free You Up VA is not responsible for transmission errors, corruption of data, or the security of information carried over telecommunication services. Subject to the foregoing limitations, Free You Up VA will use commercially reasonable efforts to provide the services, and if Free You Up VA fails to do so, my sole remedy will be, at Free You Up VA sole discretion, either: (1) the correction of the failure to provide the services, or (2) a refund of the monthly recurring charges I paid to Free You Up VA for such services during the period of time that the services were affected. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, Free You Up VA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED HEREUNDER. Free You Up VA SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY LIABILITY HEREUNDER WILL BE LIMITED TO DIRECT DAMAGES, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR LOSS OF GOODWILL) FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT. Free You Up VA ENTIRE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS I PAID TO Free You Up VA FOR SUCH SERVICE DURING THE TWELVE (12) MONTHS PRECEDING SUCH FAILURE TO PROVIDE THE SERVICE. THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
MISCELLANEOUS: This Agreement and all claims relating to the relationship between the parties will be governed by, enforced, and interpreted under the laws of the State of Chicago without regard to its choice of law principles. In the event of legal action to interpret or enforce this Agreement, I agree that the venue will be in the appropriate state or federal court which has jurisdiction over actions brought in Will County and the State of Illinois. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision. The terms and conditions of this Agreement may be amended or waived only by a written instrument signed by the parties. The terms of the Dispute Resolution; Limited Warranties, Remedies, and Damages; Authorization and Miscellaneous sections will survive any termination of service.