The Site is operated by Equivity, Inc. (together with any subsidiaries, affiliates, employees, and agents and their respective successors and assigns, “Equivity” or “we”). Here, any user (“you”) can open an account (an “Account”) and have an assistant (a “Virtual Assistant”) assigned to you, to help you with certain administrative and marketing projects, and, if you are a licensed attorney, paralegal projects. These projects may include helping you find and engage third parties (“Service Providers”) to perform certain services such as sending mail and packages, providing marketing and bookkeeping software, or providing transportation. Both assistance directly provided by Virtual Assistants and Service Providers will be referred to here as the “Services.” The Services include:
- Document formatting and proofing
- Data entry
- Contact list organization and management
- Internet and public database research
- Calendar management
- Meeting scheduling and coordination
- Drafting emails and correspondence
- Share drive organization
- Preparing requests for reimbursement
- Making travel arrangements, including airfare, hotels, and rental cars
- Preparing invoices
- Researching and purchasing client gifts and preparing thank you notes
- Researching events and activities
- Project management
- Blog Writing
- Configuration of and reporting via Google Analytics
- Website design, management, and content creation
- Video editing
- Social media marketing
- Search engine optimization (SEO)
- Graphic Design
- Google Ads/PPC Ads
- Email marketing
- Proofreading and editing
- Creating and managing pay-per-click advertising campaigns
- CRM/Contact Database Management
Services provided by paralegals that can be performed under the supervision of a licensed attorney include:
- Preparing document production
- Preparing and responding to discovery requests
- Managing case files
- Cite checking
- Preparing medical record summaries
- Assisting with real estate closings
- Drafting and redlining contracts
- Assisting in preparing for trial
- Preparing pleadings
- Preparing and filing corporate formation documents
- Preparing corporate governance documents
- e-filing pleadings
- Preparing drafts of bankruptcy petitions and related schedules
- Drafting plans of reorganization and monitoring payment plans
- Discovery document collection and organization, including the ordering of medical records and police reports
- Preparing demand packages
- Drafting estate planning documents
- Preparing and filing probate documents
- Preparing lease agreements for commercial and residential leases
- Performing lien searches
- Preparing applications for citizenship and visas
Equivity works on a subscription basis in increments of days set forth on the Site (each, a “Subscription Period”). Subscription Periods may be thirty (30) days, three-hundred sixty-five (365) days, or another period of time set forth in writing on the Site. You subscribe to a plan (your “Subscription”) that entitles you to a Virtual Assistant’s services for a set number of hours during each Subscription Period (“Service Hours”). Examples of Equivity’s plans include plans of 5 hours per month, 10 hours per month, 15 hours per month, 30 hours per month, and 50 hours per month.
- The fee for your subscription (your “Subscription Fee”) is based on the number of Service Hours you are entitled to receive from your Virtual Assistant during each Subscription Period.
- You will pay your Subscription Fee by giving us a credit card, which will be your “Card on File.” You may change the Card on File at any time through your Account.
- When you ask for Services, you submit a “Service Request” by contacting your Virtual Assistant (see section below called “Contacting Your Virtual Assistant”). While our Virtual Assistants can fulfill many Service Requests by themselves, some Service Requests may require the assistance of a Service Provider. For example, a Virtual Assistant may schedule a package for pick up and mailing with the assistance of a courier. As another example, the Virtual Assistant may provide bookkeeping assistance, but require access to bookkeeping software offered by a Service Provider. In these examples, the courier may charge a fee for shipping the package and the software provider may charge a monthly fee for using the software. Fees that Service Providers charge for their services are “Service Provider Fees.” Service Provider Fees are separate from and in addition to your Subscription Fee. (See section below called “Service Provider Fees.”)
ELIGIBILITY FOR SERVICES
- You must be at least 18 (eighteen) years old in order to open an Account and have Services provided to you. If you open an Account and we determine that you are not eighteen years old, we may terminate your Account immediately.
TERM, RENEWAL, AND TERMINATION
- Once you have opened an Account, chosen your Subscription, and provided a Card on File to pay your Subscription Fee, and your Card on File has cleared through our credit-card processor, we will notify you and assign you a Virtual Assistant and your Subscription will start to run.
- If you want to terminate your Subscription, you must notify us by emailing your “Client Experience Manager” or Virtual Assistant. A Client Experience Manager is an Equivity representative who will periodically check in with you to assess your satisfaction with Equivity’s Services and serve as the main contact for any issues that arise from the Services. If you have not been assigned a Client Experience Manager, you may terminate the service by emailing email@example.com.
- If you do terminate your Subscription, the termination will be effective on the last day of the Subscription Period during which you gave us notice of your wish to terminate your Subscription. Until then, if you have Service Hours left for that Subscription Period, you may continue to use the Services until the end of that Subscription Period.
CHANGES TO YOUR VIRTUAL ASSISTANT ASSIGNMENT
- Equivity cannot guarantee that you will be assigned the same Virtual Assistant for the entirety of any Subscription Period. For example, if a Virtual Assistant terminates their employment with Equivity during a Subscription Period, Equivity may assign a different Virtual Assistant to your account. Equivity, in its sole discretion, may change the Virtual Assistant assigned to your account at any time.
CONTACTING YOUR VIRTUAL ASSISTANT
- Once we have assigned you a Virtual Assistant, we will send you an e-mail with your Virtual Assistant’s contact information. You may submit requests to your Virtual Assistant using the Virtual Assistant’s contact information or through a request made via the Site.
INSTALLATION OF SOFTWARE ON YOUR VIRTUAL ASSISTANT’S DEVICES
- Any request that your Virtual Assistant install any software on any of your Virtual Assistant’s devices or on any Equivity system must be approved in advance by the Client Experience Manager on the account.Equivity reserves the right to refuse to permit the installation of any software on its or its employees’ devices or systems.
- Equivity does not guarantee that software you request that your Virtual Assistant uses or installed will be compatible with the Virtual Assistant’s devices or Equivity’s systems.Equivity reserves the right to uninstall any software from its systems or its Virtual Assistants’ devices at any time.
- You must disclose beforehand whether software that you request to install on your Virtual Assistant or Equivity’s systems that includes tracking functionality other than logging behavior within the installed software itself.For example, software that tracks the user’s activities outside of the installed application or records the user’s keystrokes must be approved by Equivity and disclosed before installation.Requesting installation of software without disclosure is ground for termination of your account without refund of your Subscription Fee.
CONSENT TO E-MAIL AND PHONE COMMUNICATIONS
- You consent to receive e-mails at the e-mail address you provide to us in your Account (i) from your Virtual Assistant about your Service Requests, arrangements for Services, and the performance of and payment for Services, (ii) from Service Providers whom we recommend to you for the purpose of having them provide Services to you that you have requested with respect to arrangements for such Services and the performance of and payment for such Services, and (iii) from us about aspects of the Site and the Services that may be of interest to you.
- You consent to receive phone calls at the phone number you provide to us in your Account (i) from your Virtual Assistant about your Service Requests, arrangements for Services, and the performance of and payment for Services, and (ii) from Service Providers whom we recommend to you, for the purpose of having them provide Services to you that you have requested and with respect to arrangements for such Services and the performance of and payment for such Services.
CHARGES AND PAYMENT
- We will charge the Card on File for your Subscription Fee for each new Subscription Period unless and until you notify us in writing that you wish to terminate your Subscription or you change the settings in your Account to change your Subscription.
- If we change the Subscription Fee for your Subscription, we will notify you through the Site or via the email address stored in your account. If that happens, unless you notify us in writing that you wish to terminate your Subscription (as provided above), we will charge the Card on File, and you will be obligated to pay, the increased Subscription Fee.
Service Provider Fees
- SERVICE PROVIDER FEES ARE SEPARATE FROM AND IN ADDITION TO YOUR SUBSCRIPTION FEE. You are responsible for all Service Provider Fees that we incur on your behalf in performing the Services.
- Some Service Providers will require payment of Service Provider Fees in advance. Others will bill you after the Services have been completed.
- There will be a servicing fee of 5-10% added to the total amount of the service provider fees.
- You agree to reimburse Equivity for all Service Provider Fees you authorized, including Service Provider Fees that you authorized before terminating your Subscription, but that come due thereafter.
- Service Hours are only available during the Subscription Period. If you don’t use all of your Service Hours during a particular Subscription Period, those Service Hours will expire. You cannot carry unused Service Hours over to the next Subscription Period.
- If you have any good-faith reason not to want to work with a particular Service Provider that Equivity proposes to use, you can request that your Virtual Assistant locate an alternative Service Provider, but the time spent locating the Service Provider that you rejected and the time spent locating a new Service Provider will be charged against your Service Hours for that Subscription Period.
LIMITATION ON SCOPE OF SERVICES
- Your Virtual Assistant will provide only Services that can be performed remotely.
- Your Virtual Assistant will not perform any professional services such as legal services, financial services, or tax preparation services. THE SERVICES DO NOT INCLUDE ANY LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL ADVICE OR SERVICES.
- ANY ADVICE THAT A VIRTUAL ASSISTANT OR ANY OTHER EQUIVITY REPRESENTATIVE MAY OFFER IN THE COURSE OF PROVIDING SERVICES DOES NOT CONSTITUTE AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
- Equivity will only provide paralegal services where such services are under the supervision of an attorney.
- Any Services that need to be performed at your home, at some other location, or in person will be performed by Service Providers, who will charge separate Service Provider Fees that they will charge to you directly or that will be billed to Equivity and charged by Equivity to your Card on File.
- Your Virtual Assistant may not and will not engage or help you engage directly or indirectly in any illegal, fraudulent, or immoral activity or in the pursuit of information about activities that reasonably can be considered illegal, fraudulent or immoral, which includes, without limitation, the infringement of anyone else’s proprietary or personal rights.
- Your Virtual Assistant may not and will not disclose to you any information about any other user of the Site or the Services.
PROHIBITION ON SOLICITING YOUR VIRTUAL ASSISTANT
VIRTUAL RECEPTIONISTS/ ANSWERING SERVICES
- These services are subject to sales and use tax based on the client’s location. State and local taxes will be charged as applicable for telecommunication services.
- Any changes/updates/additions in scripts, handling process’ profile and/or on-call schedule must be emailed to firstname.lastname@example.org. It is the client’s obligation to confirm that Equivity receives the request in writing.
- Offices, businesses, or clients that close during their normal office hours (representing an exponential increase in the call volume) without notice of more than 3 business days to Equivity, are subject to an unscheduled closing service fee that can range from $50-$200 per location. This will be added to the next month’s invoice.
- Unused minutes or calls for the monthly plans cannot be rolled over or transferred to the following month.
- Over usage minutes are always included in the next month’s invoice. Over usage minutes are any minutes that are over the base plan’s included minutes.
- All calls are rounded up in 30 second increments.
- Equivity shall not be liable for any interruption or failure of Answering/ dispatch/ transferring Services caused by or resulting from (i) any incompatibility of Client’s Tenants/ patients or customers’ Services or (ii) any act or event beyond the reasonable control of Equivity, including but not limited to geographic or climatic conditions, wind, fire, flood, act of God, riot, war, strike or labor dispute, governmental acts or orders or any other similar or dissimilar act or event not within the reasonable control of Equivity.
- In recognition that service interruptions in the telecommunications industry are frequently due to circumstances beyond an Equivity’s and a carrier’s control and difficult to assess as to cause or resulting damages. Equivity shall have no liability for damages arising out of mistakes, omissions, interruptions, delays, errors, or defects in transmission unless caused by the unlawful or grossly negligent acts of Equivity, in which case damages shall not exceed the actual resulting loss and shall in no event exceed an amount equivalent to the proportionate charge to the Client for the period of the service disruption or the amount of $200, whichever is lesser.
- Notwithstanding the foregoing, Equivity shall provide a pro rata adjustment of the fixed monthly charges billed by Equivity for the period of any interruption of service caused by failure of Equivity’s network that lasts longer than 24 hours. In no case shall a credit exceed the fixed monthly charges. A credit allowance will not be given for the interruptions caused by the negligence or willful act of Client or Client’s answering/ dispatch Tenants/ patients or customers.
- Equivity owns all rights in and to the Site, including, without limitation, trademark rights in the EQUIVITY name and logo, all copyrights (including, without limitation, all source code), and other rights in the content of Equivity’s that appears on the Site (“Site Content”).
LIMITATIONS ON USE OF THE SITE
- You may not:
- Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Site.
- Transmit to the Site or to your Virtual Assistant any viruses, malware, worms, or any computer code designed to damage, improperly obtain information from, or modify the Site.
- Transmit to the Site or to your Virtual Assistant any pornographic, obscene, or defamatory material or any material that violates a person’s right to privacy or right of publicity.
INTERACTION AND DISPUTES WITH SERVICE PROVIDERS; RELEASE
- You are solely responsible for your communication and interaction with any Service Provider. Use your common sense.
- If there is a dispute between you and any Service Provider, even though your Virtual Assistant may try to help resolve it, Equivity is under no obligation to become involved.
- You hereby release Equivity, its subsidiaries and affiliates, and their officers, employees, agents, and successors in interest from claims, demands, and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site.
- If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
REPRESENTATIONS AND WARRANTIES
- DISCLAIMER OF WARRANTIES. THE SITE AND THE SERVICES ARE MADE AVAILABLE TO YOU “AS IS.” TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EQUIVITY EXPRESSLY DISCLAIMS AND DOES NOT MAKE ANY PROMISE, REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (i) ABOUT THE ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS, SAFETY, OR RELIABILITY OF ANY INFORMATION, SERVICES OR GOODS THAT ANY VIRTUAL ASSISTANT OR ANY SERVICE PROVIDER MAY PROVIDE; (ii) ABOUT THE SAFETY OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICES PROVIDED OR GOODS PROCURED BY OR THROUGH ANY VIRTUAL ASSISTANT OR ANY SERVICE PROVIDER; (iii) THAT ANY SERVICES PROVIDED OR GOODS PROCURED WILL NOT INFRINGE THE COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY OR INFRINGE ANY THIRD PARTY’S RIGHT OF PRIVACY OR PUBLICITY; (iv) ABOUT THE PRIVACY OR SECURITY PRACTICES OR SYSTEMS OF ANY SERVICE PROVIDER; OR (v) THAT THERE IS NO LOWER OR BETTER PRICE OR DEAL FOR ANY SERVICES PROVIDED OR GOODS PROCURED THROUGH ANY VIRTUAL ASSISTANT OR ANY SERVICE PROVIDER. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL EQUIVITY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF EQUIVITY OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, ANY VIRTUAL ASSISTANT, OR ANY SERVICES, WHETHER THE DAMAGES ARISE FROM (i) USE OR MISUSE OF THE SITE OR SERVICES, (ii) YOUR INABILITY TO USE THE SITE OR SERVICES, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICES, (iv) ANY INFORMATION, SERVICES OR PRODUCTS YOU RECEIVE OR USE THROUGH THE SITE, THROUGH YOUR INTERACTION WITH ANY VIRTUAL ASSISTANT OR ANY SERVICE PROVIDER, OR AS A RESULT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, SERVICES OR PRODUCTS THAT MAY BE PROVIDED TO YOU BY ANY SERVICE PROVIDER, (v) A SERVICE PROVIDER’S FAILURE TO PROVIDE ADEQUATE PRIVACY OR SECURITY WITH RESPECT TO YOUR CREDIT CARD OR OTHER PERSONALLY IDENTIFYING INFORMATION, (vi) THE ACTION OR FAILURE TO ACT OF ANY VIRTUAL ASSISTANT, EQUIVITY REPRESENTATIVE, OR SERVICE PROVIDER, OR (vii) ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
CONSENT TO COLLECTION AND USE OF DATA
You may not assign this agreement or Equivity’s rights or obligations under it without Equivity’s express written consent. Equivity may assign this agreement to the surviving party in a merger of that party into another entity or to a party that acquires all or substantially all its assets.
COPYRIGHT PROTECTION POLICY
- If you believe that any content that you own has been posted on the Site without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached as follows: email@example.com.
GOVERNING LAW, JURISDICTION, AND TIME LIMIT ON CLAIMS
- During the course of your Virtual Assistant providing you with Services, your Virtual Assistant may store information in order to provide the services that you request. For example, if you request that your Virtual Assistant formats a Word document, your Virtual Assistant may download that document in order to make the requested formatting changes and then upload the document to a document repository specified by you.
- While Equivity may store your documents in the course of completing work for you, Equivity reserves the right to delete all documents pertaining to your account once you no longer have an active Subscription with us.
- Equivity may delete documents during the Subscription Period, therefore you are responsible for keeping copies of the documents.
- Equivity is not liable for ensuring that the data provided by you is secure or will not be lost.
MARKETING CONSULTANT (OR MARKETING PRO) AND MARKETING DIRECTOR (OR FRACTIONAL CMO) PLANS
The scope of work outlined in the proposal and strategy accepted by the client is to be followed. If, for any reason, the scope of work changes significantly without discussion with the Client Experience Manager (CEM), the client is fully responsible for any deliverables that are not of the structure agreed upon at the time of proposal and strategy acceptance.
MARKETING AND WEBSITE WORK
If the scope of work for your marketing project or website changes, the CEM is required to be notified. In doing so, they will determine if a new website proposal needs to be created to reflect these changes and/or if additional hours need to be purchased in order to complete the work requested.
We cannot confirm specifically what sales or profits will result from a website build or redesign.
If your website breaks due to legacy site issues or security issues, including malware, while we are working on a website project Equivity is not held liable. If we deem that we are able to assist, additional hours will need to be purchased to complete this work outside of any current project parameters.
CHANGES TO TERMS