Service Agreement

The services are provided to you by Your Remote Assistant, Inc. ("Y|R|A"), a Texas corporation. By using Y|R|A's services you, the client ("Client"), agree to be bound by this Service Agreement whether or not you have read them. All provisions of this Service Agreement shall be binding upon the Client, the Client’s subsidiaries or other related and/or affiliated entities which the Client may now or hereafter own or have any interest in. If you do not agree with this Service Agreement, do not use the services of Y|R|A. By checking the box below, you agree to the terms and conditions of this Service Agreement and you are deemed to have executed this Agreement electronically in accordance with the E-Sign Act (U.S Code Subchapter| §§ 7001-7006). Y|R|A may at its sole discretion modify this Service Agreement at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of our services will indicate your acceptance of this modified Service Agreement.

PRICE AND AVAILABILITY

The products and services offered or referred to on this Site are subject to availability. The prices stated for such services are subject to change without notice.

RELIANCE ON INFORMATION

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Y|R|A’s sole discretion.

CHANGES TO THE SITE

Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.

CHANGES TO TERMS AND CONDITIONS

Y|R|A may at any time, and at its sole discretion, modify this Service Agreement, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review this Service Agreement periodically and your continued use of our services following such modifications will indicate your acceptance of this modified Service Agreement. If you do not agree to any modification of this Service Agreement, you must immediately notify us and stop using our services.

PRIVACY POLICY

Y|R|A’s personal information practices on this Site are governed by Y|R|A's privacy statement. Please review this privacy statement and print a copy for your records. Y|R|A does not intend to target or collect personal information from individuals under the age of 18.

NON-SOLICITATION 

Client acknowledges that Y|R|A recruits, trains and contracts its assistants and that this is a costly and time-consuming endeavor. Should Client wish, during and within two (2) years following the termination of this Agreement—measured from the last extension thereof—to directly or indirectly employ, or contract, whether through the same entity or any affiliated or related entity, any assistant who shall have contracted with Y|R|A or any individual who has been introduced to Client by Y|R|A, said Client shall first pay Y|R|A the sum of $20,000 per assistant or individual, which reflects the reasonable value of Y|R|A’s time and costs in recruiting and training such assistant.”

LINKS 

This Site may contain links to or references to third-party websites. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Y|R|A or its affiliates. Your use of such third-party websites is subject to the terms of service and the privacy policies of such websites.

REFERRAL PROGRAM

For every client you refer to us, while you are a subscriber of Y|R|A services, who subscribes to our services and remains a customer for at least 3 months, we will provide you a $100 credit to your account or a gift card of that value. Your account has to remain in good standing in order to be eligible for the referral bonus. The referral bonus is only redeemable for credit on your account or a gift card and has no cash value. Y|R|A reserves the right to change the referral program at its sole discretion, without prior notice.

CONNECTIVITY, FORCE MAJEURE 

Though infrequent, the subscriber should realize that power and internet interruptions in the Philippines, or any other country where the services are rendered, may at times occur. Y|R|A cannot be held responsible for these interruptions nor for delays or for failure or omission of Internet Service Providers. Y|R|A shall not be responsible for any loss or damage resulting from the failure of Internet Services caused by a malfunction of the ISP network of CPE (customer-provided equipment) and/or Peripherals for any reason whatsoever.

Y|R|A shall not be liable for delay or failure in performance of any of its obligations to the Client attributable in whole or in part to any cause beyond its reasonable control including, but not limited to,
actions or inactions of government bodies, changes in law, judicial action, war, civil disturbance, pandemic or epidemic, insurrection, sabotage, act of a public enemy, act of terrorism, labor difficulties
or disputes, failure or delay by Y|R|A suppliers or subcontractors, communication difficulties, shortage of energy, materials, labor or equipment, accident, fire, flood, storm or other act of God, or the Client’s
fault or negligence.

Notwithstanding any other provision of this Service Agreement, Y|R|A will not for any reason be liable for any indirect, incidental, out-of-pocket expenses, consequential, punitive, special or other similar damages, including but not limited to damages resulting from loss of actual or anticipated revenues or profits, or loss of business, data or goodwill.

JURISDICTION AND PRIVACY

This Service Agreement, and its formation, operation and performance, shall be governed, construed, and enforced solely and exclusively in accordance with the laws of the State of Texas, United States of America as in effect from time to time without giving effect or consideration to the conflicts of laws rules thereof. The Parties hereto submit to the exclusive personal jurisdiction of the courts of the State of Texas and the Federal courts of the United States sitting in Austin, Travis County, Texas, United States of America.

Without your agreement, we will not share, rent or sell any personal information with third parties in any way other than what is disclosed in the privacy statement. We collect and store Personal Information that specifically identifies you or your Account. The information you would be required to submit is your first name, last name, street address, city, state, zip/postal code, country, email address and your credit card and/or bank information. Credit card information is transmitted via SSL ("Secure Socket Layer") encryption for your protection.

SUBSCRIPTION HOURS

You are subscribing to a monthly number of hours of service to be performed by a dedicated assistant (i.e. not by a pool of assistants). These hours are to be used by you in said billing monthly period during business days, not on weekends or holidays (unless specifically agreed upon in writing), and at the agreed upon time of the business day (e.g. every business day from 9 am to 1 pm). The hours are not transferable to other persons and do not carry over to another period. The subscription and daily available hours are based on 20 business days per billing month. For billing months where there are more than 20 business days the additional business day(s) hours will be billed in addition to the monthly subscription rate at the pro-rated hourly rate. This hourly rate is computed by dividing the subscription rate by the number of monthly hours subscribed to (i.e. monthly rate/number of hours in subscription= hourly rate used for calculation of overage).

HOW TO SUBSCRIBE

To subscribe to Y|R|A you must provide your name, billing address, e-mail address and credit card, (hereinafter referred to as your "Payment Method") for payment of the monthly subscription fee. By subscribing to the Y|R|A services and by accepting the benefits of Y|R|A you agree that as a condition of your continued subscription in Y|R|A you authorize Y|R|A or its agent to charge your Payment Method the periodic Y|R|A subscription fee applicable to your subscription plan (e.g. 80 hours, 160 hours), as your Payment Method will be charged on the anniversary date every month. If your periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid subscription started on the 31st day of a month and the following month has 30 days), your Payment Method will be charged on the first day of the following month. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable periodic subscription fee. You agree to pay the applicable periodic subscription fees in accordance with your Payment Method issuer agreement, if applicable. You also authorize Y|R|A to charge your Payment Method for any other charges you may incur associated with your Y|R|A subscription and this agreement such as overages.

EXPIRATION DATE AND DECLINE OF CHARGES TO YOUR PAYMENT CARD

If your Payment Card for any reason will not accept charges for any fee, your subscription will be automatically suspended. You have a period of 3 days from the date your Payment Card was declined to provide us with a valid payment option by either rectifying the issue with the Payment Card issuer or providing new Payment Card information by contacting us. If Y|R|A is able to charge your new Payment Card during the 3-day period and any past due Y|R|A  fees are paid, then Y|R|A services will continue uninterrupted and this Payment Card will be used to charge the applicable periodic subscription fee for each consecutive subscription period until your Y|R|A subscription is canceled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If Y|R|A is unable to charge your Payment Card (existing or new, if you have provided new Payment Card information), throughout the 3-day period, then your Y|R|A subscription will be indefinitely suspended beginning on the 4th day from the date your Payment Card was initially declined. If the charge is accepted at a later date, then your Y|R|A benefits will be reinstated as of the date the charge is accepted. The charge date becomes your new periodic anniversary date and the Payment Card will be used to charge the applicable periodic subscription fee for each consecutive renewal period until your Y|R|A subscription is canceled and will be your Payment Card for all purposes.

CANCELLATION OF SERVICE

The initial periodic Y|R|A subscription fee is valid for an initial subscription period starting on the date your assistant starts working for you. For example, if your Y|R|A billing period begins on June 18 (first day your assistant started working for you), your initial subscription fee entitles you to Y|R|A benefits until July 17 and your Payment Method will be charged on July 18 (the anniversary date) for the period of July 18 through August 17. If you can cancel your regular Y|R|A subscription up to one week before the next billing period you will not be charged for any additional renewals. For example, if your anniversary date is the 18th of each month and you cancel your Y|R|A subscription Aug. 10, then you will not be charged on Aug. 18 (for the Aug. 18 to Sep 17 period) and your Y|R|A subscription term will terminate on Aug 17. To cancel send an email to admin@yourremoteassistant.com with Cancel My Account and your name in the header, from the email account you have been using to interact with Y|R|A and the reason for cancellation in the body of the message. If you do not receive an acknowledgement of your cancellation notice within 24 hours please verify that the email was sent and resend.  Client acknowledges that specialized hires such as accountants and financial analysts based on a client job description require a targeted search that is outside the regular recruitment process and takes considerable effort by YRA. As these specialized individuals are not as easily transferred to another position within the our clientele YRA requires that the Client provides a 30 day notice if they no longer wish to avail themselves of the services of this individual. There are no refunds for any time period (or portions thereof) already billed or paid for.

Y|R|A may suspend or cancel a Y|R|A subscription account, or otherwise restrict your use of Y|R|A, at its sole discretion, with or without cause.

INDEMNITY AND LIMITATION OF LIABILITY

Client will defend, indemnify and hold harmless Y|R|A from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) arising out of any third-party claim, action, investigation, audit, inquiry or proceeding that arises out of Client's violation of any applicable law, rule, or regulation. To the extent permitted by law, Client will defend, indemnify, and hold Y|R|A and its directors, officers, employees, agents, representatives, and assistants harmless from all claims, losses, and liabilities (including reasonable attorneys’ fees) to the extent caused by Client’s breach of this Agreement; its failure to discharge its duties and responsibilities; or the negligence, gross negligence, or willful misconduct of Client or Client’s officers, employees, or authorized agents in the discharge of those duties and responsibilities. Neither party shall be liable for or be required to indemnify the other party for any incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in connection with this Agreement, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise) and regardless of how characterized, even if such party has been advised of the possibility of such damages.

PAYMENT METHODS

Y|R|A will only accept the following major credit cards for subscriptions: MasterCard, Visa, Discover and American Express. Y|R|A reserves the right to change the Payment Methods accepted at any time, at its sole discretion, without prior notice.

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