10 Ways Bilingual VA's Help Business Executives and Owners

1. Definitions.

“Agreement” means this Terms of Use Agreement.

“Company” means Mova Pro Staffing, Inc.

“Company Content” means the information and documentation of the Website and includes, but is not limited to, all source code, databases, features, software, website designs, audio, video, text, photos and graphics.

“Company Services” means the services provided by the Company, which are connecting virtual assistants from Latin America with businesses around the world.

“Marks” trademarks, service marks and logos contained in the Website.

“User” means the person, whether personally or on behalf of an entity, contracting the Company Services and accessing the Website.

“Website” means the Company’s website.

2. Acknowledgement.

The User accepts this Agreement and agrees to be bound by it by confirming such acceptance with the User’s registration process and also by the User’s continued use of the Website and the Company Services. If the User does not agree to be bound by this Agreement, or by any changes the Company may make to this Agreement in the future, the User should not use or access the Company's Services or the Website.

3. Purchases & Payments.

The User agrees to pay Company all fees, at then-current prices, for Company's Services that the User or others using the User’s billing account purchase, and the User authorizes the Company to charge the User’s chosen payment processor for such purchases. The User agrees to make payment through the selected payment method. If the User has ordered a product or service that is subject to recurring charges, the User agrees that we may charge the User’s payment method on a recurring basis without obtaining the User’s prior consent for each recurring charge until the User cancels the applicable Company Service. Sales tax will be added to the sales price of purchases if the Company deems it necessary.

4. Price and Refund Policy.

All sales are final, and no refunds shall be issued. The monthly price for Company Services will be INSERT AMOUNT for the professional services of a virtual assistant for 20 hours per week. The User will, when contracting the Company Services, pay a non-refundable service fee of $200.00.

5. User’s Representation.

By using the Company Services, the User represents and warrants that:

All registration information the User submits is truthful and accurate;
The User will maintain the accuracy of such information;
The User will keep their password confidential and will be responsible for all use of the User’s password and account;
The User is not a minor in the jurisdiction in which the User resides or if a minor; and
The User’s use of the Company Services does not violate any applicable law or regulation.

6. Prohibited Activities.

The User may not access or use the Website for any purpose other than that for which the Company makes it available. Prohibited activities include, but are not limited to:

Attempting to impersonate another User or person, or using another User's username
Sharing information obtained through our services with third parties. This includes sharing contact information of our virtual assistants with individuals outside of the User’s company/organization.
Hiring one of our virtual assistants outside of the platform without providing the required paid membership subscription to do so.
Criminal or unauthorized activity.
Deciphering, decompiling, disassembling, or reverse-engineering the software that is part of, or in any way constitutes a part of, the Website.
Removing copyright or other proprietary notices from any content on the Website.
Automated use of the system, such as use of data mining, robots, or similar data gathering and extraction tools.
Harassing, annoying, intimidating, or threatening any Company employee or virtual assistant who provides any portion of the Company Services to.
Systematically retrieving data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of the Company.
Deceiving, defrauding or misleading the Company and other Users, particularly in an attempt to learn sensitive account information such as passwords.
Using the Company's services as part of an effort to compete with the Company or to provide services as a service provider.
Using the Website in a manner that is inconsistent with all applicable laws and regulations.

7. Intellectual Property Rights.

The Company Content and the Marks are owned by or licensed to the Company and are subject to copyright and other intellectual property rights under the U.S. and foreign laws and international conventions. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries.

The content provided by the Company is provided "AS IS". It may not be copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. As long as the User is eligible to use the Website, the User is granted a limited license to access and use the Website and its content.

8. Terms and Termination.

This Agreement shall remain in full force and effect while the User navigates the Website or uses the Company Services. The User may terminate the use of the Company Services at any time, for any reason, with a written notification to the Company, which must be made at least 30 days in advance.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement. shall be deemed to survive for as long as necessary to fulfill such purposes.

If Company terminates or suspends the User’s account for any reason, the User is prohibited from registering and creating a new account under the User’s name, a fake or borrowed name, or the name of any third party, even if the User may be acting on behalf of the third party. In addition to terminating or suspending the User’s account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal. and injunctive redress.

9. Modifications To Company Services.

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. The User agrees that Company shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Company Services.

10. Disputes.

If there is a dispute between Users of the Website, between Users and virtual assistants, or between users and any third party, the User understands and agrees that Company is under no obligation to become involved. In the event that the User has a dispute with one or more Users or virtual assistants, the User hereby releases Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

11. Limitations of Liability.

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL. SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM THE USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO THE USER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF ONE (1) MONTH PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE USER, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO THE USER, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Indemnity

The User agrees to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify Company, and the User agrees to cooperate, at the User’s expense, with Company’s defense of such claims. Company will use reasonable efforts to notify the User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

13. Breach of Agreement.

The failure of any of the parties to comply with any of the provisions of this Agreement shall be a material breach. In the event that a breach of the provisions of this Agreement occurs or is threatened, the parties shall be entitled to obtain the right to cure such a breach within 30 days after the receipt of written notice from the nonbreaching party. After this Agreement is enforced, either party who fails to perform, in whole or in part, its obligations stipulated in this Agreement shall bear the liability to compensate the other party for all losses caused by such a breach. In case that the non-breaching party wants to continue the Agreement, negotiations shall be held. This Agreement may be enforced by arbitration and other equitable remedies; the parties shall have the right to seek and obtain damages and any available remedies for the breach of this Agreement.

14. No Waiver.

None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.

15.Severability.

If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If an arbitrator declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.

16. Force Majeure.

The parties are not liable for any failure to its duties due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, epidemic or pandemic event, e.g. COVID-19, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

17. Governing Law – Arbitration.

This Agreement shall be governed in all respects by the laws of the state of Florida and any applicable federal law. The parties agree that all claims and disputes arising under or relating to this Agreement are to be exclusively settled by binding arbitration in the county of Miami-Dade in the state of Florida or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The parties reserve the right to confirm any award of arbitration in a court of competent jurisdiction.

18. Entire Agreement.

This Agreement constitutes the sole and entire agreement of the parties regarding the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.

Terms of Use – Mova Pro Staffing, Inc.