Terms of Service

Terms of Service


Last modified on October 13th, 2014

User's Acknowledgment and Acceptance of Terms

Zirtual ("Us" or "We") provides the www.zirtual.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of the "Last Modified" date identified at the top of this page. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. However, for any material modifications to the Terms of Use or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Use will automatically be effective upon the earlier of (i) your continued use of this site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Use on this site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Use in effect at the time such dispute arose.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.


Overview of our Services

To ensure the quality of the Zirtual experience we have set up our terms of service for our mutual benefit. If you violate these rules it will mean you've broken the terms of service and this may result in a termination of your account.

Tasks and concierge requests are non-transferable. You cannot sell or give away tasks on your plan but you are more than free to buy a plan for your friends, family and loved ones—they'll love you and so will we. Your Zirtual account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.

All Zirtual plans are governed by a monthly hour limit by plan type. If these hours are unused by the next billing cycle, the hours will not carry over to the next cycle.

All Zirtual plans are recurring subscriptions that can be canceled at any time.

Any agreement or attempted agreement between client and assistant, in connection with a service contract, requiring that payment be made outside of Zirtual shall constitute a material breach of this agreement and be subject to cancellation without refund.


Requests & Tasks

Each request (task) must be submitted by phone, email or SMS. Please send your requests individually: this means that each communication you have with your assistant should contain one, defined, task. You're more than welcome to submit multiple tasks at one time, but we ask that you create a separate email for each. This ensures the fastest possible turn around for each task.

Occasionally our users will submit a task that falls outside the scope of services (for example: the task requires deep domain experience, is a project and not a task, etc). When this happens we'll offer our extended services through our Zirtual Plus network.

If you ever feel like your service could be better, you can contact us by telephone or email us at happiness@zirtual.com. For a list of example tasks that we will and won't do, please consult our "expectations" page. That should give you a good idea of what we're able to accomplish and what we simply cannot do. Agreeing to these terms of service means you understand and agree to keep your tasks within the scope of our business.


Ownership and Confidentiality of Work Product

If a Zirtual Assistant creates anything original for you, such as research projects, reports, templates, spreadsheets, forms, etc. ("Work Product"), Zirtual grants to you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes. Zirtual owns the Work Product and has the right to use and disclose the Work Product to any third party, provided that Zirtual will not disclose your confidential information to any third party.

To avoid doubt, you retain sole ownership of your confidential information and your intellectual property and, to the extent your confidential information or intellectual property is incorporated into the Work Product, it will be removed prior to any use or disclosure by Zirtual to a third party.

As used in these Terms of Service, your confidential information means non-public information that you provide to Zirtual or a Zirtual Assistant that you reasonably expect Zirtual to keep secret, including your personal information (i.e., your name, your social security number, your credit card information, and similar information), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by Zirtual or a Zirtual Assistant; (2) was or becomes available to Zirtual or a Zirtual Assistant on a non-confidential basis prior to your disclosure of the information to Zirtual or a Zirtual Assistant; (3) is independently developed by Zirtual or a Zirtual Assistant without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect Zirtual's rights or property, or the rights or property of Zirtual Assistants or our other clients.

As used in these Terms of Service, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with creation of the Work Product.


Guarantee & Warranty

There is no warranty on any of the information, tasks, or projects your Zirtual Assistant completes for you. What we will promise is that we'll do our best to provide the most accurate, most effective information available and we know Zirtual Assistants do this better than anyone else. However, if we give you information or results that are wrong, although we'll be deeply sorry, you can't hold us liable for it (or the results) legally or morally — we're sorry!

We do offer our Epic Guarantee though, which you can read all about here.


Cancellations

If you leave us, we'll miss you dearly but we won't hold you back. Monthly memberships can be canceled at any time with no additional fees or hassle. In order to get a refund for your first month of service, you must cancel within the first 30 days. If you cancel after that period, you will be charged for that month's service (as well as all prior months of service), but we will not charge you for the month following the month in which you cancel. You can continue using your ZA for the remaining time for which you have paid but we will not be able to issue a refund at that point. If you've signed up through PayPal, you can cancel through PayPal's recurring payment dashboard. If you've signed up via credit card, just email your assistant or contact our Client Happiness team at: happiness@zirtual.com and ask us to cancel your subscription.

You may also sign up for an annual membership. Annual memberships are a yearlong commitment that will be billed and paid up front for a one-time payment covering the full cost of the subscription for the year. Annual memberships can be canceled within the first 30 days with no penalty. After the first 30 days, annual memberships are non-refundable. After one year from the initial subscription date, the annual subscription will terminate unless you contact happiness@zirtual.com to renew.

We may cancel your monthly or annual membership for any or no reason immediately upon notice to you but, if we do, we will give you a prorated refund at the standard monthly rate for any time period for which you have already paid.


Termination of Service

In darker news, we reserve the right to terminate the service of a Zirtual client at any time — for any reason. That means that rarely and under great duress we may end our relationship with a client for any number of reasons including but not limited to the following:

  1. If the client is constantly requesting tasks outside the scope of their service plan and we're unable to find a solution by scaling back the requests
  2. If the client is abusive to his/her assistant or any other Zirtual team member

Zirtual Terms of Service Non-solicitation Provision

I acknowledge that Zirtual has made substantial investments in recruiting, training and matching skilled Zirtual assistants with each of its members including me, and that Zirtual has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that Zirtual has agreements with Zirtual assistants that protect this interest by requiring that Zirtual assistants obtain Zirtual's prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the Zirtual member to whom they were assigned. Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twelve (12) months immediately following the termination of my relationship with Zirtual for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any Zirtual assistant who is assigned to me at that time or who was assigned to me within the six months preceding termination of my relationship with Zirtual to leave his or her employment with Zirtual and to work for me in any engagement directly or indirectly. Should any solicitation by me become a substantial factor resulting in a Zirtual assistant leaving Zirtual and accepting an engagement with me directly or indirectly without Zirtual's consent, I agree to pay Zirtual as liquidated damages reasonably calculated to compensate Zirtual for its lost investments and not as a penalty of any kind, a one-time fee equivalent to one year of my monthly Zirtual subscription in effect at the most recent date that the Zirtual assistant had been assigned to me by Zirtual.

Are you ready to supercharge your productivity?

Handing off your time-sinking tasks to a ZA so you can be more focused is a great way to start.


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