These terms and conditions constitute a binding agreement (the “Agreement”) between you (the “Client”) and MyTasker (the “Contractor”) effective as of the date of first purchase of services by the Client. Each of the Client and the Contractor are referred to herein individually as a “Party” and collectively as the “Parties.” MyTasker is owned by Tasker Virtual Assistance Services Private Limited and both the names “MyTasker” and “Tasker Virtual Assistance Services Private Limited” are referred to the “Contractor” in this agreement.
The User Agreement is subject to change by Tasker Virtual Assistance Services Private Limited at any time, at its sole discretion, with advance notice given to the user. The most current version of the User Agreement, which will supersede all earlier versions, can be accessed through the hyperlink at the bottom of the website www.mytasker.com owned by Tasker Virtual Assistance Services Private Limited. You should review the User Agreement regularly, to determine if there have been changes. Continued use of your membership constitutes acceptance of the most recent version of the User Agreement.
By affirmatively accepting the terms and conditions at the time of purchase and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Client accepts and agrees to the following:
The Contractor shall perform the Administrative services purchased by the Client with reasonable care and skill and otherwise in the manner customarily performed by service providers in the Virtual Service industry (individually and collectively, the “Services”). The Contractor may freely delegate any of the Services to the Contractor’s virtual assistant staff (“VAs” or “virtual assistants”) in the Contractor’s sole discretion.
The Client shall pay the Contractor in advance of delivery of work according to the subscribed plan. Plans will renew automatically each month during the Term on each monthly anniversary of your subscription date unless specified by the Client. On renewal, your PayPal account will be charged in advance based on your selected plan. Unused hours are not rolled over to the following month. If your payment declines, the Services will be suspended until the payment is made.
The Client should make payments of additional expenses that are necessary to perform client’s work.
We provide 100% refund if you cancel your subscription within 10 days of the date of your purchase. In case you have used our services within those 10 days and still wish to cancel the subscription, we will refund you the remaining after deducting an amount for the actual hours used.
In any unlikely event, when you are dissatisfied with the work performed by your assigned MyTasker team member, you will not be charged for those hours and you can ask for a full refund of your current month’s subscription amount. Please contact your account manager to discuss any such instances.
Refunds will not be given for the unused hours of your last month’s subscription.
Your virtual assistant acts under your direction. If you require your assistant to make decisions on your behalf about the way in which any work/ actions/ tasks/ strategies or other business related functions are performed, you do so on the basis that the assistant is acting on your behalf and is under your supervision at all times.
Should you decide to give your virtual assistant access to your business and/or personal accounts, you do so entirely at your own risk, and you are fully responsible for ensuring the security of your data. You will be solely responsible for any loss, liability or violations that might occur as a result of such access.
Copyright is the legal protection extended to authors or owners of original published and unpublished artistic and intellectual works. Should you request that your virtual assistant source content or images for use on your website or in marketing or other materials relating to your business, you do so at your own risk, and you are solely responsible for supervising his/her work, and ensuring that all appropriate permissions to use such content or images have been obtained. Should you request your virtual assistant to carry out any of these activities without the necessary permissions, you will be solely responsible for any violations of copyright law, and may be subject to legal sanctions, including fines.
You may not use your virtual assistant or any of the Services to engage in any illegal or immoral activity.
You hereby agree to release, indemnify and hold harmless both your virtual assistant and the Contractor from any loss, liability, claim or damage resulting from your decisions, directions and supervision (including, without limitation, for any of the matters described in this clause 4e) or for any breach by you of this Agreement unless caused by the gross negligence or willful misconduct of the Contractor or your virtual assistant. You further waive any claim that the Contractor or any of the VAs are acting in a professional, advisory, or consultative capacity.
You may close your Account at any time before the upcoming billing date by logging in to the MyTasker Portal and following the instructions to cancel membership or by contacting a MyTasker Representative via phone or email.
Each Party hereby acknowledges that during the Term, each Party may, from time to time, be supplied or work with certain information supplied by the other Party, all of which is confidential and of value to such Party (the “Confidential Information”). Each Party hereby agrees to the following in connection with the Confidential Information:
The Client shall not solicit, recruit, induce, attempt to recruit or induce, or encourage any of the VAs or any of the Contractor’s other staff to leave the Contractor in order to provide services directly to the Client. The Client agrees that if the Client breaches this section 6, the Contractor will incur substantial economic damages and losses in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the Contractor of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such breach, the Client agrees that liquidated damages may be assessed and recovered by the Contractor as against the Client in the event of such breach and without the Contractor being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore the Client shall be liable to the Contractor for payment of liquidated damages in the amount of US$25,000.00 with respect to any of the Contractor’s staff that the Client solicits, recruits, induces, attempts to recruit or induce, or encourages to leave the Contractor in order to provide services directly to the Client. Such liquidated damages represent estimated actual damages to the Contractor arising from having to replace the VAs or other staff so recruited, and are not intended as a penalty. The Client shall pay the liquidated damages to the Contractor within five (5) days of notice from the Contractor of the resignation of a VA or other staff and whether or not the Contractor has exercised its right to terminate the Term.
Each Party hereby warrants and represents that such Party is free to enter into this Agreement, and that this Agreement does not violate the terms of any agreement between such Party and any third party.
This Agreement shall not render either Party an employee, partner, agent of, or joint venture with the other Party for any purpose. The Contractor is and will remain an independent contractor to the Client. The Client shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the Client hereunder or otherwise (whether for itself or any of its VAs) for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
This Agreement and its performance shall be governed by the laws of the state of West Bengal, India, without regard to its conflict of law’s provisions. You consent and submit to the exclusive jurisdiction to state of West Bengal, India, in all questions and controversies arising out of your use of this site and this Agreement, including all questions and controversies subject to binding arbitration. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within one (1) year from the date on which such claim or action occurred.
CLIENT ACKNOWLEDGES THAT IT IS WAIVING ITS RIGHT TO HAVE ITS DISPUTES HEARD IN A COURT OF LAW AND TO HAVE A TRIAL BY JURY IF THAT WOULD OTHERWISE HAVE BEEN AVAILABLE. CLIENT IS ALSO AGREEING TO HAVE ITS DISPUTES DETERMINED UNDER THE STATE OF WEST BENGAL, INDIA AND NOT THE LAWS OF THE UNITED STATES OR ANY OTHER JURISDICTION.
Any and all notices, demands, or other communications required or desired to be given hereunder by either Party shall be in writing and shall be validly given or made to the other Party if personally served (by hand or by overnight courier), or if deposited in the mail, certified or registered, postage prepaid, return receipt requested and notices may also be given by e-mail or facsimile transmission, provided, however, that receipt of any such e-mail or facsimile transmission is established by a read receipt or answerback confirmation. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five (5) days after deposit thereof in the mail addressed to the Party to whom such notice, demand or other communication is to be given. If such notice is given by e-mail or facsimile transmission, notice shall be deemed given on the date such e-mail or facsimile was sent provided that receipt of such e-mail or facsimile transmission is sufficiently proven. Either Party may change its address for purposes of this paragraph by written notice given in the manner provided above.
Any titles or headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof. This Agreement constitutes the entire understanding and agreement of the Parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect. You are also advised that Section 10 of this Agreement includes an arbitration clause and the arbitration will occur in the state of West Bengal, India.