CONTRACT TERMS & CONDITIONS
Last Modified: February 18, 2023
Terms of Service
Overview of our Services:
To ensure the quality of the ClearDesk 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 the 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 ClearDesk account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.
All ClearDesk 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 ClearDesk plans are monthly agreements at advertised or contracted rates which may at times begin with an initial period in which services are discounted (limit 1 per person and/or company) which begins at the moment of signing up. This is not a trial; this period is meant to cover the costs of some basic training and task refinement. Assigning your Virtual Assistant may take 5-7 business days from the moment of sign up. The ClearDesk may decide for any reason that monthly subscription prices need to be raised or decreased without notice after the contracted period. Advertised prices are subject to add-on fees for custom solutions that you require which are outside of the typical solutions our Virtual Assistants can perform.
Any agreement or attempted agreement between client and assistant, in connection with a service contract, requiring that payment be made outside of The ClearDesk shall constitute a material breach of this agreement and be subject to cancellation without refund.
Requests & Tasks:
Each request (task) for your virtual assistant must be submitted by phone, email, or SMS. You're more than welcome to submit multiple tasks at one time. You will have one Virtual Assistant dedicated to your use and needs for task work. You may request a change of virtual assistants at any time, for no added cost. This process will be completed by us within an amount of time we consider to be reasonable (usually 72 hours) although this may not always be the case. Your Virtual Assistant is dedicated to you but may not be exclusive. Our Virtual Assistants may be working on tasks for another customer, depending on your contracted monthly hours.
If you ever feel like your service could be better, you can contact us by telephone or email us at email@example.com. 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 Virtual Assistant creates anything original for you, such as research projects, reports, templates, spreadsheets, forms, etc. ("Work Product"), The ClearDesk grants you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.
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 The ClearDesk to a third party.
As used in these Terms of Service, your confidential information means non-public information that you provide to The ClearDesk or a Virtual Assistant that you reasonably expect The ClearDesk 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 The ClearDesk or a Virtual Assistant; (2) was or becomes available to The ClearDesk or a Virtual Assistant on a non-confidential basis prior to your disclosure of the information to The ClearDesk or a Virtual Assistant; (3) is independently developed by The ClearDesk or a Virtual 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 The ClearDesk’s rights or property, or the rights or property of Virtual 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 the creation of the Work Product.
Guarantee & Warranty:
There is no warranty on any of the information, tasks, or projects your Virtual 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 Virtual 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.
Termination of Service:
We reserve the right to terminate the service of a ClearDesk client at any time — for any reason. Should this occur, we will give you a prorated refund at the standard monthly rate for any period for which you have already paid. 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:
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.
If the client is abusive to his/her assistant or any other ClearDesk team member
If the client requests illegal tasks or tasks deemed unethical of their ClearDesk team member
The client may cancel service for any reason, in writing, with a minimum 5-day notice prior to their next billing cycle for those paying for the month-to-month option. For clients who chose the 6-month or 12-month commitment options, the remainder of the unused term is still due.
ClearDesk Terms of Service Non-solicitation Provision:
I acknowledge that ClearDesk has made substantial investments in recruiting, training, and matching skilled ClearDesk assistants with each of its members including me and that ClearDesk has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that ClearDesk has agreements with ClearDesk assistants that protect this interest by requiring that ClearDesk assistants obtain ClearDesk's prior written consent before accepting any direct engagement (whether as an employee, or consultant, contractor, or otherwise) with the ClearDesk 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 twenty-four (24) months immediately following the termination of my relationship with ClearDesk for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any ClearDesk 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 ClearDesk to leave his or her employment with ClearDesk and to work for me in any engagement directly or indirectly. Should any solicitation by me become a substantial factor resulting in a ClearDesk assistant leaving ClearDesk and accepting an engagement with me directly or indirectly without ClearDesk's consent, I agree to pay ClearDesk as liquidated damages calculated to compensate ClearDesk for its lost investments and not as a penalty of any kind, a one-time fee equivalent to two years of my monthly ClearDesk subscription in effect at the most recent date that the ClearDesk assistant had been assigned to me by ClearDesk.
Data Rights and Protection:
The ClearDesk has the utmost respect for our customers’ privacy and information protection. Given the ever-changing regulatory environment, we strive to stay ahead of the curve. If at any time a customer discontinues their relationship with The ClearDesk, the customer can request that his or her personal data be wholly erased from our records.
In our mission to ethically and lawfully serve our customers we have the following policies in place in order to adhere to international and domestic law:
The ClearDesk wrote our terms of service to make it as understandable and straightforward as possible. Our valued customers are able to give and rescind consent at any time.
This gives users rights to their own data. Customers will be able to obtain their data from The ClearDesk in an electronic report and reuse that same data in different environments outside of ours.
Privacy by Design:
The ClearDesk has a full and detailed map of our data collection process and the various parties privy to that data The ClearDesk has specifically designed its systems and trained its staff to maintain customer privacy. We strive to continue to improve and adapt this design to be forward-looking.
7-day Money Back Guarantee:
If for any reason you don’t love your assistant in the first 7 days of service, we offer a 100% money-back guarantee. Simply advise us in writing by the 7th working day with your assistant.