Terms And Conditions
You (the “Client”) and Droidfit (the “Contractor”) are parties to a legally enforceable agreement (the “Agreement”) as of the date on which the Client first purchases services from the Contractor. In this document, “Party” refers to both the Client individually and the Contractor collectively. In this contract, Droidfit is alluded to as the “Contractor.”
Droidfit reserves the right to modify the User Agreement at any time and without prior notice to the user, at its sole discretion. The connection just at bottom of the website www.droidfit.com will take you to the most recent edition of the User Agreement, that will supersede any older versions. Regularly check the User Agreement to see whether there have been any updates. Acceptance of the latest version of a User Agreement is implied by your continued usage of your membership.
For good and sufficient consideration, whose receipt and adequacy are therefore acknowledged, the Client hereby positively acknowledges the terms & conditions at the point of purchase and agrees to a following:
With reasonable care & competence and in accordance with established industry standards, the Contractor must provide the administrative services (referred to as the “Services” individually and collectively) that the Client has paid for. All of the Services may be freely assigned by the Contractor to its virtual assistant employees (also known as “VAs” or “virtual assistants”), at the Contractor’s sole discretion.
Timing: Prior to the completion of the contracted task, the Client is required to pay the Contractor. Unless otherwise requested by the Client, plans will automatically renew each month for the duration of the Term on the anniversary of the date of your subscription. Depending on the plan you chose, an advance charge will be made to your PayPal account at renewal. Unused time is not carried over to the next month. The facilities will be paused till the payment is received if your payment is denied.
Expenses: The Client is responsible for covering any additional costs incurred in order to complete the Client’s job.
Refunds: If you terminate your subscription between 10 days of the purchase date, we’ll give you a 100% refund. If you still want to cancel your membership after using our services inside those 10 days, we will reimburse you the leftover cost after subtracting a sum for the hours actually used. You will not be billed for those hours, and in the unlikely event that you are unhappy with the job completed by your designated Droidfit team member, one can request a full refund of the current month’s subscription fee. To talk about any such situations, kindly get in touch with your account manager.
3. Responsibilities and Indemnities of Clients
Supervising the VAs: You have control over your virtual assistant’s actions. If you ask your assistant to decide how any work, actions, tasks, strategies, or other business-related functions are carried out, you do so on the understanding that the assistant is operating on your behalf and therefore is constantly under your control.
Passwords: You absolutely assume all risk and responsibility for safeguarding the security of your data if you choose to grant your virtual assistant access for your commercial and/or personal accounts. Any damage, liabilities, or violations that may result from such access will be exclusively your responsibility.
Copyright: The legal defence provided to creators or owners of unique published and unpublished creative and intellectual works is known as copyright. You do so at one’s own risk and are solely accountable for supervising his or her work and making sure that all necessary permissions to utilise such material or images have indeed been obtained. If you ask your virtual assistant to source content as well as images to be used on your website or even in marketing or even other materials related to your business, you are doing so at your own risk. You will be completely responsible for any copyright law violations and could face legal repercussions, including penalties, if you ask your digital assistant to perform any of these tasks without the required authorizations.
Service Nature: You cannot carry out any unlawful or immoral action using your virtual assistant or one of the Services.
Indemnity: Your virtual assistant as well as the Contractor are hereby released, indemnified, and held harmless from any loss, liability, claim, or resulting damage from your decisions, instructions, and oversight (including, with no limitation, for any of the addition to assessing in this clause 4e) for any breach by you of this Agreement, unless the breach results from the Contractor’s or your virtual assistant’s gross negligence or willful misconduct. Furthermore, you relinquish any assertion that the Contractors or any VA is serving in a professional, consulting, or advisory capacity.
Closing the Account: By going into the Droidfit Portal & following the steps to discontinue membership, or by getting in touch with a Droidfit Representative by phone or email, you can terminate your Account at any point prior to the next billing date.
Each Party accordingly acknowledges that, during the Term, it is possible for each Party to occasionally receive from or work with information provided by the other Party (the “Confidential Information”), which is all confidential and valuable to such Party. With regard to the Confidential Information, each Party hereby accepts the following:
- Any confidential information obtained during or as a result of this Agreement regarding the goods, business, or affairs of the other Party will be deemed to include, without restriction, data in any format relating to copyrights, trade names, trademarks, trade dress, service marks, domain names, marketing & advertising plan, uniform resource locators (URLs), technology R&D, strategic briefs, ideas, contents, profit & loss data. Neither Party will distribute or reveal to any third party, or use for such Party’s own benefit or for the benefit of any third party.
- Each Party is responsible for treating the other Party’s confidential information with the same level of security and care that it would use to protect its own sensitive information, but no less than a reasonable level of care.
- The Confidential Information will only be used by the Parties in connection with the Services. If one Party has any questions about whether a proposed use of the Secret Information is appropriate, that Party will contact the other Party in writing right once (and before utilising the Confidential Information).
- Without the other Party’s prior written consent, neither Party will electronically, on just about any external device (including a USB thumb drive), or in the “cloud” copy, replicate, or save the Confidential Information. Access towards the Confidential Information will be protected both physically and electronically by each Party.
- No right, title, or property interests in or to the other Party’s Confidential Information shall be claimed by either Party.
- Upon expiration or other cancellation of the Term, and at any other times as either Participant may request, each Party shall return the other Party all data, strategic briefs, reports, memorandums, presentations, letters, replicas, manuals, illustrations, schematics, discs, e-mails, CD-ROMs, and other covers the types to the other Party’s business, along with all Confidential Information, in these kind of Party’s work space, personal possession, or control. Additionally, upon the exhalation or other cancellation of the Term, and at any other points of time as either Party might very well request, each Party shall deliver the other Party an implemented certificate certifying that such Party has immediately returned the other Party or torn up or eviscerated all data, corporate strategy briefs, reports, memorandums, keynotes, letters, replicas, manuals, illustrations, blueprints, discs, and other tangible items.
- Information that is or becomes generally available to the public (through no breach of the Terms by the other Party) or that was in the other Party’s possession or recognised by the other Party previous to receipt from certain Party as evidenced by the other Party via documented proof (if available) or in any other way will not be considered confidential information, and the other Party shall have had no obligation whatsoever underneath this Agreement with respect to such information.
- Either Party could make disclosures as necessary to comply with a valid order from a court or other authorised governmental body, as long as they promptly notify the other Party and cooperate reasonably, at the other Party’s expense, in any efforts made by that Party to limit disclosure and/or obtain confidential care or an order of protection.
- Each Party acknowledges that its obligations underneath this Section 5 shall survive the expiry or other cessation of the Term as well as shall be adhesion upon such Party’s legal representatives, successors, heirs, assigns, subsidiaries, and affiliates. Additionally, each Party agrees that its obligations underneath this Section 5 shall be for the benefit of the opposing Party, its subsidiaries, and affiliates, as well as the legal advisors, heirs, successors, and assigns of each of those parties.
The Client is not permitted to approach, hire, persuade, attempt to persuade, or encourage any VAs or other members of the Contractor’s staff should quit its Contractor in order to begin working for the Client directly. The Client acknowledges that if the Client violates this section 6, this same Contractor will suffer significant economic losses and damages that are difficult to calculate and determine with certainty as the basis for the Contractor’s recovery of actual damages, and also that liquidated damages are a fair, reasonable, and appropriate estimate of those losses and damages. Therefore, the Client agrees that liquidated damages, rather than actual damages for such breach, may be assessed as well as recovered by the Contractor against the Client in the event of such violation and without the Contractor of been required to provide any evidence of the amount or nature of actual damages sustained as a result of such breach; as a result, the Client shall be liable to a Contractor for payment of liquidated in the quantity of US$20,000.00 with respect to any such breach. These liquidated damages are not meant to be a punishment but rather an estimate of the real damages that the Contractor would suffer from replacing the VAs or other hired workers. Whether or not the Contractor has used its right to terminate the Term, the Client must pay the monetary damages to the Contractor between five (5) days of receiving notice of the resignation of a VA or even other staff members.
6. Warranties & Representations
Each Party hereby guarantees and certifies that they have the right to enter into all this Agreement and that it does not conflict with any other agreements they may have with third parties.
7. Liability Limitations
- In the event that the Contractor violates this Agreement, the Client’s remedies are limited to actual damages, but they cannot surpass the greater of the Client’s payment for the Offerings during the 12-month period immediately preceding the date on which those exact damages were incurred, unless otherwise required by statute in which the Client is a consumer.
- To the fullest extent permitted by law, neither the client nor the contractor (or each of their respective associates, executives, officers, employees, or agents) shall be liable for every indirect, extraneous, special, punitive, exemplary, or consequential damages (including, but not limited to, damages for loss of business earnings, business disruption, loss of business data, and the like) resulting from.
8. Law Choices, Arbitration
Without respect to its rules on conflicts of law, the laws of the Indian state of West Bengal shall govern this Agreement and how it is to be carried out. You agree to and submit to the sole jurisdiction of the state of West Bengal in India in all disputes arising from your use of this website and this Agreement, along with any disputes subject to mandatory arbitration. Any claim or claim of action arising out of or connected with your use or access of this site, to the extent permitted by applicable law, must be filed within one (1) year of the event giving rise to the claim or subject of action.
Client understands that by signing this agreement, they are giving up their right to have legal proceedings in court and, if applicable, a jury trial. The customer also consents to have its issues decided under Indian law, namely the laws of the state of West Bengal, rather than American law or the laws of any other country.
9. Independent Contractors
Neither Party shall be considered an employee, partner, agency, or joint venture of the other Party as a result of this Agreement. The Contractor continues and will continue to work for the Client as an independent contractor. Regarding the Contractor’s compensation under this agreement, the Client is not responsible for tax withholding. The Contractor shall not have any claim for vacation pay, sick leave, pension benefits, social security, worker’s compensation, health as well as disability payments, unemployment benefits benefits, or any other employee benefits against the Client under this Agreement or in any other context (whether on behalf of itself or any of its VAs).
Each and every notices, demands, or even other communication systems required or preferred to be given under this Agreement by either Party shall be here in writing and shall be deemed to have been duly given or managed to make to the other Party if delivered personally (by hand or through overnight courier), accumulated in the mail, certified as well as enrolled, postage prepaid, return invoice requested, and notices could also be given by email or facsimile transmitting, provided, even so, that receipt of any such email or facsimile transmission If the notice and demand is delivered personally, it will be considered effectively delivered at the moment of such delivery. If such notice, demand, or other communications is sent by mail, it will be conclusively considered delivered five (5) days after being deposited in the mail intended to the party to which it is intended. If the notification is transmitted through email or facsimile, it will be presumed to have been received on the day it was sent, so long as receipt of the email or facsimile transmission can be satisfactorily demonstrated. Either Party may alter its address as it relates to this clause by providing written notice in the manner described above.
11. Entire Agreement
Titles and headings should not be regarded as a part of this Agreement because they do not fully and accurately describe its contents. All earlier understandings, agreements, and representations are therefore terminated and cancelled in their entirety and have no further validity or effect. This Agreement represents the Parties’ entire understanding and agreement.
12. Unenforceability of Specific Terms
The rest of this Agreement shall still be in full force and effect even if any term of it—or any portion thereof—is determined to be invalid or unenforceable. You should also be aware that this Agreement’s Section 10 contains an arbitration clause, and that the arbitration shall take place in the Indian state of West Bengal.