B2B VIRTUAL ASSISTANTS LLC
CREDIT DISPUTE OUTSOURCING VA AGREEMENT
1. BACKGROUND: Parties have agreed that Client would like to retain Service Provider to serve as a Virtual Assistant (VA). Client is of the opinion that the Service Provider has the necessary qualifications, experience, and abilities to provide services to the Client. The Service Provider is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Service Provider (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows.
2. SERVICES PROVIDED: Client hereby agrees to engage the Service Provider to provide the Client with the following services (the "Services") to include but not limited to:
- Disputes to the 3 Credit Bureaus (Experian, TransUnion, and Equifax)
- Disputes to the Creditors and Collectors
Note: Disputing VA is not credit repair company: The role of the disputing virtual assistants is solely limited to assisting the client in identifying and disputing any inaccuracies found in their credit reports. The disputing virtual assistants shall work under the direction and instruction of the client.
3. TERM OF AGREEMENT: The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The term may be extended with the written consent of the Parties. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 10 days' written notice to the other Party. In the event that the Service Provider wants to terminate the service during the 10-day notice period, Service Provider is still responsible fees for services during that time.
Note: Independent Hiring Prohibition
By engaging with B2B Virtual Assistants, the Client hereby acknowledges and agrees to refrain from independently hiring or contracting any Virtual Assistant (VA) directly who is currently employed or has been employed by the Agency during the term of this Contract.
4. CONFIDENTIALITY. Service Provider agrees to hold in strict confidence and not to disclose to others or use for any purpose (other than the performance of this Agreement and Services), either before or after termination of the Agreement, any confidential or proprietary information of Client, including, without limitation, any confidential or proprietary information that is transferred pursuant to this Agreement. Confidential and proprietary information includes, without limitation, any technical or business information, product formulas or specifications, login credentials, manufacturing techniques, process, experimental work, program, software, marketing or distribution plans, strategies or arrangements, or trad e secrets relating to the products, systems, equipment, services, sales, research, or business of Client.
Confidential information is not limited to a specific medium and can be oral, written, electronic, or physical in format. (“Confidential Information”)
5. OWNERSHIP OF SERVICES: Service Provider acknowledges that Service Provider has no right, title, or interest in or to any Services produced hereunder. Service Provider acknowledges that Service Provider will make no claim to any right, title, or interest in any of the Services created hereunder. Service Provider further acknowledges and agrees that Client shall own all rights, title, and interest in or to any Services produced hereunder.
For the avoidance of doubt and to further evidence the full ownership of the Services by Client, Service Provider hereby assigns to Client all rights, title, and interest to the Services. Service Provider agrees to assist Client with the enforcement of any proprietary rights over the Services, including the prompt execution of any additional documents that may be reasonably requested by Client.
6. DISCLAIMER: Service Provider has made every effort to ensure that all business services have been tested for accuracy and effectiveness. There is no guarantee that Client will see positive results to its business using the techniques and materials provided by Service Provider. Service Provider assumes no management responsibility for Client's decisions or for policies or practices that Client implements.
As part of the Services, Service Provider Service will use techniques and methods that have proven successful in the past, in accordance with reasonable industry standards. This does not, however, guarantee that they will be successful for Client’s business. Because every audience and product is different, Service Provider cannot guarantee specific performance of the Services.
7. DATA SECURITY: To perform the Services, Client may provide Service Provider with login credentials to certain accounts owned by Client. Service Provider undertakes reasonable efforts to safeguard this information. At no time will Service Provider claim any ownership right in such accounts. Client grants Service Provider the authority to access these accounts to complete the Services. Client understands and agrees that Service Provider is not responsible for any breach of data security for these accounts.
8. INDEMNIFICATION: Service Provider agrees to defend, indemnify, and hold Client, its affiliated companies and its respective employees, officers, directors, trustees, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and costs) which they suffer as a result of (i) the negligence or intentional misconduct of Service Provider or (ii) Service Provider’s breach of any provision of this Agreement (including any representation or warranty).
Client shall indemnify, defend, and hold Service Provider harmless from and against any loss, liability, damage, or expense, including reasonable attorney's fees, incurred or suffered by or threatened against Service Provider in connection with or as a result of any claim brought by or on behalf of any third party person or entity as a result of or in connection with Service Provider 's appearance or association with Client, unless such claim arises from Service Provider 's acts or omissions or arises from or is related to breach of any obligation and/or warranty made by Service Provider hereunder.
9. CHOICE OF LAW AND JURISDICTION: This Agreement shall be governed by the laws of the State of FLORIDA without regard to its conflict of laws doctrine, and applicable federal laws of the United States of America.
10. MUTUAL NON-DISPARAGEMENT: Service Provider agrees to refrain from any disparagement, defamation, libel, or slander of any of the Releasees, and agrees to refrain from any tortious interference with the contracts and relationships of any of the Releasees. Client agrees to refrain from any disparaging statements about the Service Provider.
11. NOTICE: Except as otherwise provided herein, all notices that either party is required or may desire to give the other party shall be in writing to the following addresses. Electronic mail is permissible but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt.
Service Provider: B2B Virtual Assistants LLC
3350 SW 148th Avenue Suite 110, Miramar, Florida, USA support@b2bvirtualassistants.com
12. LIMITATION OF LIABILITY: CLIENT AGREES THAT IT HAS USED SERVICE PROVIDER’s SERVICES AT ITS OWN RISK. CLIENT RELEASES PROVIDER SERVICES FROM ANY AND ALL CLAIMS OF DAMAGES THAT MAY RESULT FROM ANY CLAIMS ARISING FROM THIS AGREEMENT, ALL ACTIONS, CAUSES OF ACTION, CONTRACT CLAIMS, SUITS, COSTS, DEMANDS, AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN EQUITY ARISING FROM THIS AGREEMENT. Service Provider ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY WRITTEN MATERIALS OR CORRESPONDENCE TO CLIENT.
13. ARBITRATION: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration 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. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorney’s fees. Any such arbitration shall be conducted by an arbitrator experienced in Contract Law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who hall be employed by or is affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction