PREPAID HOURLY BUNDLES & PACKAGES
All Services listed above will be performed after the purchase of a prepaid hourly bundle. The Client agrees to Prepay for the first 10 hours of work performed by The Contractor. Time will be tracked as it has been used, when time is running low The Contractor will offer The Client more time by issuing another invoice via email. The Client may purchase more hours, however, there is no obligation to do so.
INCLUDED SERVICES & PROGRAMS
Bundle & Package costs are inclusive of The Contractor’s time spent working digitally with The Contractors own programs and/or the programs and accounts provided by The Client . Any additional programs, materials, setup time, travel, out-of-pocket costs, software licenses, administrative fees, assistance, subcontractor costs and any printed materials or promotional materials will be at the cost of the The Client and billed as additional expenses.
Any expenses incurred by The Contractor while providing The Client with Services will be invoiced to The Client in a timely manner. The Client is responsible for paying for and delivering any third party software licenses, logins, or products Client wishes Contractor to utilize no later than one (1) week prior to the project start date unless a shorter lead time is agreed to by the Contractor. At the Contractor’s discretion, The Contractor will make reasonable efforts to integrate Client’s suggested software or products.
The Contractor’s support hourly rate varies as described in the above proposal however all prices are in CAD. Additional hours are available on an ‘as needed’ basis at the discretion of the Contractor in order to complete a single project which fall outside the scope of work outlined in this agreement.
TRAINING MATERIALS & EXPENSES
The Client agrees to provide appropriate training materials to The Contractor to complete the tasks expected of them. Training materials include materials such as scripts, Standard Operating Procedures (SOP’s), and/or examples of previous work and tasks, zoom meetings, videos, and phone calls or a combination of those materials.
The Client understands that initial hour bundle purchased will be used towards The Contractor learning the expectations and processes of The Clients business. Initial bundle(s) may be spent faster than expected while The Contractor gets established with the processes and unfamiliar software used by The Client. The Contractor may waive time spent on unfamiliar software if there is value in the product but should not be expected.
The payment terms of this project vary and have been listed in the proposal above. If a service is to be prepaid it must be paid prior to work commencing. If the service is billed periodically or upon completion, the payment is due upon receipt of the invoice. If The Contractor does not receive payment from the Client prior to the project start date, the project may be delayed and/or cancelled based on availability. Work will discontinue if payment has not been made within 3 business days of receiving the invoice.
If a rate increase is expected, The Client will be provided no less than thirty (30) days written notice of this change and a new Agreement will be provided.
The Contractor shall provide The Client with one complimentary thirty-minute pre-service consultation prior to booking. The Parties shall agree on an acceptable date and time for conducting the pre-service consultation. The manner in which the consultation shall be conducted is at the discretion of the Contractor. In most instances, this consultation is conducted via phone or video chat. The consultation is a single event and all other communication will be of shorter duration. If the client chooses not to utilize the complimentary phone call, no discount will be given for the declined service. Subsequent project consultations may be considered billable.
If The Contractor has been contracted to supply Jobber training, the trainings will be completed via Zoom in one hour training sessions, unless a different duration was requested by The Client. These trainings may include the sharing of screens. Personal recordings of trainings are permitted for personal or internal use but may not be shared for profit. With consent recordings captured by Growth Virtual Assistance will be shared with you via Google Drive and you are to save them within 30 days of the recording or they may be removed from shared folders within Google Drive.
The Client understands that Jobber is an ever evolving software platform and that The Contractor may not have experience or an in depth understanding of newly developed features or some of the third party integrations available as they are released. The Contractor has full knowledge of the core workflow, CRM features, products and services, job setups, and general settings of Jobber.
TIME TRACKING & BILLABLE TASKS
All Contractor time spent working on the Services listed above, and the tasks, downloading of apps & programs, training etc. associated with those services will be considered “billable”. The time spent will be recorded digitally and will be available upon request. The Contractor will communicate with The Client when hours are getting low.
SUBMISSION OF TASK REQUESTS
The Client will submit task requests and communicate with the Contractor by Phone, Email, SMS, Facebook Messenger, Asana, or other Client software. The Client will send each task request individually, and clearly define that task. As a best practice all communication regarding a particular task should remain on that same thread (if communicating via email/SMS). All tasks requested by The Client are expected to fall within The Contractors scope of this Agreement or the scope of The Contractors Business
The Client agrees to give The Contractor suitable amounts of time or suitable deadlines to complete a project. The deadlines given must be reflective of the work to be performed. The Contractor will inform The Client when a project deadline is unrealistic and recommend a more suitable deadline. The Client must understand that The Contractor has previous engagements and responsibilities so the submission process must be followed. The Contractor will try to accommodate emergency projects but acceptance is not guaranteed.
Should The Contractor require account access to any program or app needed for the tasks assigned, The Client shall provide with access no later than one (1) week prior to project start date unless a shorter lead time is agreed upon. For example: when working within the Jobber CRM the client is expected to provide an email for login purposes and may have to set account with administrator status for Contractor to provide the services requested.
Parties will treat and hold all information of or relating to this Agreement, the Services provided and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.
Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
RELATIONSHIPS OF THE PARTIES
The Contractor and any related sub-contractors are not employees, partners or members of The Client’s company or organization. The Contractor has the sole right to control and direct the means, manner and method by which the services in this Agreement are performed. The Contractor has the right to hire assistants, subcontractors or employees to provide The Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes, registrations or permits. The Client is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to The Contractor.
Any and all work created as a result of Contractor’s Services is considered a work for hire and are expressly assigned to and owned by Client upon creation. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.
GUARANTEE & WARRANTY
The Contractor offers no warranty on any of the information, tasks, or projects completed for The Client. The Contractor will do their best to provide the best possible service and correct any work that may have improperly completed if due to The Contractors error. The Contractor does not guarantee direct/measurable results of administrative, marketing, and branding materials created for The Client.
LIMIT OF LIABILITY
The Client agrees that the maximum amount of damages she is entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed The Contractor’s total cost as set forth in this Agreement.
Client agrees to indemnify and hold harmless Contractor and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services provided herein.
ASSUMPTION OF RISK
The Client and related parties/participants expressly assume any risk of loss or damages associated with the tasks they have assigned and related activities as described herein.
The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
CANCELLATIONS AND RESCHEDULING
CLIENT DESIRES TO CANCEL & RESCHEDULING
If the Client desires to cancel a prepaid bundle prior to usage of hours, the cancellation must be sent in writing to the contractor via email. The remaining amount of hours will be credited via pay pal or e-transfer (Canada) if more than $100.00 is owed.
If the Client desires to cancel an hourly service for which has not been prepaid, the Client may cancel hourly services at any time and written notice may be sent by email at any time. Time spent on work completed will be invoiced and funds will be due upon reciept. Refunds will not be given due to Client cancellations unless the deadline was missed or the work requested will and completed up to date will not delivered.
Client desides to re-schedule
Re-scheduling is permitted, however, notice is required to change the dates of scheduled work. Re-scheduling meetings, trainings, consultations, and other timeblocks will be at The Contractors discretion and schedule. Repeated re-scheduling may lead to The Contractors desire to cancel services.
CONTRACTOR DESIRES TO CANCEL OR RESCHEDULE
In the event The Contractor cannot or will not perform their obligations in any or all parts of this Agreement, it (or a responsible party) will immediately give Notice to The Client. The Contractor will make every attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered.
TRANSFER OF SERVICES
All Services provided by The Contractor are considered non-transferrable. The hours purchased by The Client may not be transferred to another person or business, however, The Client is permitted to have up to two representatives that may assign work or make changes to projects at one time.
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
If The Client fails to deliver or provide the resources and materials needed to complete assigned tasks or use up the prepaid purchased hours within 30 days it is at the The Contractors sole discretion to discontinue services.
The Client agrees to provide and maintain a safe, professional, working relationship with The Contractor at all times. If at any time The Contractor feels that a situation is unsafe, verbal abuse is present, harm is threatened, or their personal reputation is in jeopardy it will be at the discretion of The Contractor to immediately end The Clients current project(s). If the offending behavior prevents the completion of a project, creates a lapse in the quality of work, or results in missed deadlines, The Client agrees to hold The Contractor harmless and The Client is responsible to pay any outstanding amounts owed to the contractor.
The laws of Alberta govern all matters arising under or relating to this Agreement, including torts.
Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via either of the following methods of delivery at the date and time which the Notice is sent:
If any portion of thi Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain legal and enforceable.
The parties may amend this Agreement only by the parties’ written agreement with proper Notice.
Neither party may assign or subcontract any rights or obligations in this Agreement without proper Notice, unless otherwise provided herein.
The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.