Terms of Services

These terms and services govern the provision of services by eVirtualPal.


Services

Term

eVirtualPal will provide its services to the clients for a period described in the Service Plan. The terms will mechanically renew unless eVirtualPal or the client gives thirty day's prior notice.

Payment

eVirtualPal will begin providing regular service to the clients from the start date mentioned in the Service Plan. Clients shall pay for the services set by eVirtualPal in the Service Plan. Clients maintain a valid form of payment on file with eVirtualPal.

Client's Obligations, Acts and Omissions

Client shall respond to the request to provide information, approval, authorization, and decisions that are necessary for eVirtualPal to perform its services. If eVirtualPal performance or duties as described in this Agreement are breached because of any act of a client or his/her agents, eVirtualPal will not be considered responsible.

Taxes

Charges imposed by any federal, state or local government entity along with excision taxes and sales will be the client's responsibility.

Intellectual Property

eVirtualPal will own intellectual property rights including trademark and copyrights delivered to the clients under this agreement.

Confidential Information

Clients without the written consent of eVirtualPal shall not disclose confidential information of eVirtualPal including strategies, marketing and pricing.

Data Protection

eVirtualPal will put in all efforts to comply with the applicable laws to maintain and protect the privacy and security of personal information.

Representation and Warranty

eVirtualPal guarantees that it shall perform its services in a professional manner and in accordance with these terms.
In case clients find eVirtualPal Services defective, he/she must give a written notice of the defective service within 10 days from the day of discovery. Otherwise, eVirtualPal will not be liable for the breach of the warranty set forth.
In case of client's dissatisfaction, eVirtualPal will either perform the service again or refund the price of service in accordance with the pro-rata contract base.

Indemnification

Except to the extent arising from eVirtualPal's gross inattention or failure to maintain this Agreement, the client agrees to assure eVirtualPal for all costs, losses, and charges continued or experienced by eVirtualPal in connection with the third party claim to ascend in association with the Services.

Limitation of Liability

eVirtualPal will not be liable to the client or any third party in no event for any loss of use, revenue or profit or for any substantial, related, unforeseen, standard, unusual or punishing compensations whether ascending out of breach of agreement, unlawful act (including negligence) or otherwise, irrespective of whether such recompenses were predictable. whether or not eVirtualPal was warned of the chance of such damages, and nevertheless the failure of any approved or other therapy of its necessary determination. in no case, shall eVirtualPal's collective liability rising out of or connected to this contract, surpass the aggregate quantities paid to eVirtualPal in the period in which the action(s) (or inaction(s) the client's claim is based happened (or failed to occur).

Termination

In addition to any remedies provided under this Agreement, eVirtualPal will terminate this Agreement with immediate effect upon written notice to the client in case the client fails to:
  • Pay any amount that is due under this agreement
  • Has not performed or compiled with any of the terms of this Agreement
  • Becomes bankrupt

If eVirtualPal does not solve client's issue within 14 days, the client may terminate the service immediately.

Relationship of Parties

The connection between the parties is that of the self-governing service provider. Nothing restricted in this Agreement shall be interpreted as creating any organization, company, enterprise or another form of joint enterprise, service or fiduciary relationship between the parties and neither party shall have the right to contract, or drag the other party in any manner at all.

Agreement to Non-Hire/ Non-Solicit

Client, its partners, and/or its associated entities and communal entities accept neither to implore nor to employ any eVirtualPal employee or previous employee without either:
  • Achieving eVirtualPal's prior written approval
  • By recompensing eVirtualPal, a buy-out payment equivalent to the employees' recent three month's salary multiplied by four.

Performance

eVirtualPal quality presentation metrics used for advertising reasons redirect historical averages and are not assurances of future enactment for Client.

Money-Back Guarantee

Money back guarantees will only be valid for the first 21 days of Client provision or 500 minutes of practice, whichever happens first. Money-back guarantee is only obtainable on non-improved accounts.

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