HEARTCORE WORX – TERMS & CONDITIONS VIRTUAL ASSISTANT PACKAGES
The HeartCore Worx Agreement (“Agreement”) is made between HeartCore Worx (“HeartCore Worx” or “We”) and (“You”). HeartCore Worx and You each acknowledge and agree to and accept the following terms and conditions:
- Program Participation and Virtual Assistant Services. By accepting this Agreement, You will become a member of HeartCore Worx Services (“Service”) wherein HeartCore Worx will provide You with high level ongoing virtual assistant support. There are 3 different virtual assistant program packages and depending on the package you choose, you will receive the following: The copywriting package includes 8 emails per month and 4 launches per year containing 8 additional emails and tech support for page builds. The social media package includes 4 graphic posts or captions and 3 short videos with captions per week. The Random package includes a minimum 6 hours of random VA work per month which need to be used within the month or they are forfeited. Any hours used over the 6 minimum are charged at the hourly rate of $35 per hour as indicated in the payment for services below. Alternatively is the purchase of direct hours. Hours can be purchased at any increment, are purchased in advance of work performed and are used for any VA work requested.
- Payment for the Services. The Service(s) is for 30 days and will continue until canceled and HeartCore Worx agrees to provide the services described in Section 1. In exchange for these services, You agree and accept to pay the monthly service fee until at which time you choose to cancel services. You agree and accept to remit the down payment and the balance payments to HeartCore Worx via a pre-authorized electronic debit to the bank account or credit card specified by You during the down payment. You agree and accept to make the down payment and balance payments regardless of Your level of participation in the Service. HeartCore Worx is authorized to collect the then-applicable fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. HeartCore Worx is not obligated to refund any charges for services rendered. An automatic recurring payment will continue monthly until it is canceled by you. A 30-day cancelation notice must be provided in writing to [email protected] to cancel services. (Example, If You contract your services on the 1st for the 30 days and then on the 14th of that same month you decide to cancel, you will be charged for the first half of the next month) For the Random Package, Heartcore Worx is authorized to automatically debit the cost for services performed beyond the minimum 6 hours on the 15th and 30th of each month. For clients who purchase hours, service will continue until all hours are used and or additional hours are requested. Hours once purchased are non refundable.
- HeartCore Worx Does Not Guarantee Results. HeartCore Worx is convinced You will derive great benefits from Your participation in the Service and is dedicated to helping You become as successful as You envision. However, HeartCore Worx does not guarantee or represent in any way that You or Your business will attain a certain level of sales, profits, earnings, or any other metric of success, either in the short-term or long-term. You and Your business’s success depends on many factors, including but not limited to Your personal motivation, Your participation in these Services are an investment. None of the stories shared or examples used in HeartCore Worx’s materials, on its website, or during its calls or events is a guarantee of any particular result or success. HeartCore Worx disclaims any express or implied promise or representation other than those contained in this Agreement.
- Confidentiality. You agree and accept that HeartCore Worx’s methods, processes, and strategies utilized in the Services are the sole and exclusive property of HeartCore Worx and constitute a confidential proprietary system that is protected by law, including but not limited to copyright, trademark, and trade secret law. HeartCore Worx’s system includes all materials associated with the Virtual Assistant Program and the business coaching strategies We teach, and all associated advice. You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the Service, (ii) is required by valid legal process (whereby You agree and accept to provide prompt written notice of such legal process to HeartCore Worx so that We can take appropriate legal action to protect HeartCore Worx’s interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You further agree and accept that any violation of the terms of this Section 5 will cause substantial and irreparable harm to HeartCore Worx and that HeartCore Worx is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.
- Cancellation of Services. If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if You fail to make any two payments on time, HeartCore Worx is permitted to cancel Your services by providing written notice of cancellation to You at the email address provided by You. Upon cancellation, You agree and accept to pay to HeartCore Worx a cancellation fee equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the minimum term agreement. The cancellation fee is due immediately and HeartCore Worx is authorized to collect such fee immediately, including by debiting Your bank account or credit card on file. You agree and accept that the cancellation fee is an amount of agreed upon damages and is not a penalty. HeartCore Worx shall have no further obligations to perform under this Agreement following cancellation.
- Termination from Services. You agree and accept that HeartCore Worx may terminate You from the services by providing You with written notice of termination if We determine in our discretion that You are conducting Yourself or Your business in a manner that is disparaging or disruptive to HeartCore Worx, that infringes upon HeartCore Worx’s intellectual property or other rights, or that violates the confidentiality provisions set forth in Section 5. Termination under this Section 6 does not constitute cancellation, and all payments under Section 2 shall immediately become due and payable upon termination.
- Advice Not Given. You agree and accept that the services are not intended to and do not provide You or Your business with any legal, tax, financial, or accounting advice.
- Use of Likeness. You agree and accept that HeartCore Worx is authorized to record, photograph, or otherwise capture Your likeness, voice, images, interviews, and statements made in connection with Your participation in our services for HeartCore Worx’s own use. You hereby assign to HeartCore Worx all rights, title, and interest to have and to use, royalty free, any such likeness or portion of Your participation in the services for advertising, marketing, documentary, informational, training, or any other lawful purpose.
- Arbitration Agreement. HeartCore Worx and You each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, HeartCore Worx and You are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury. The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either HeartCore Worx or You may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, which decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in San Diego, California, unless otherwise required by law.
- GDPR Compliance. You agree and accept that HeartCore Worx will be using your personal data entered here to deliver the product or service you are purchasing and to communicate relevant information about the delivery of the product or service to you. In accepting this agreement you are indicating that you have read and accept our Privacy Policy and our Terms of Use.
- Entire Agreement. The terms of these terms and conditions constitute the entire agreement between HeartCore Worx Worx and You and supersedes any prior or contemporaneous written, oral, or implied agreement related to the Program. If any portion of this Agreement is unenforceable, such portion shall be severed and the remainder of this Agreement shall be fully enforceable.
- Governing Law. The construction, interpretation, and application of the terms of this Agreement are governed by the laws of the State of California, without regard to its conflict of law rules.
NOTICE OF CANCELLATION
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN 3 BUSINESS DAYS FROM THE DATE OF YOUR SIGNED ORDER FORM. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU UNDER THE CONTRACT OR TRANSACTION WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER IN SUBSTANTIALLY AS GOOD A CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR TRANSACTION, OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK. IF YOU MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, DATE/TIME STAMPED NO MORE THAN 3 DAYS AFTER PURCHASE OR SEND A TELEGRAM, TO
HeartCore Women
249 S Hwy 101-340
Solana Beach CA 92075
USA
NOT LATER THAN MIDNIGHT OF THREE BUSINESS DAYS AFTER THE DATE OF TRANSACTION. I HEREBY CANCEL THIS TRANSACTION.
Date of Transaction ___________________________________________
Date of Cancel Request ________________________________________
Buyers Signature _____________________________________________
Importantly, the three day period provided for in this section does not commence until the consumer is furnished a “Notice of Cancellation” and the address at which such seller can be given. If those conditions are met, the seller must return to the consumer the full amount of any payment made or consideration given under the contract or for the merchandise.
NOTICE OF CANCELLATION
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN 3 BUSINESS DAYS FROM THE DATE OF YOUR SIGNED ORDER FORM. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU UNDER THE CONTRACT OR TRANSACTION WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER IN SUBSTANTIALLY AS GOOD A CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR TRANSACTION, OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK. IF YOU MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, DATE/TIME STAMPED NO MORE THAN 3 DAYS AFTER PURCHASE OR SEND A TELEGRAM, TO
HeartCore Women
249 S Hwy 101-340
Solana Beach CA 92075
USA
NOT LATER THAN MIDNIGHT OF THREE BUSINESS DAYS AFTER THE DATE OF TRANSACTION. I HEREBY CANCEL THIS TRANSACTION.
Date of Transaction ___________________________________________
Date of Cancel Request ________________________________________
Buyers Signature _____________________________________________
Importantly, the three day period provided for in this section does not commence until the consumer is furnished a “Notice of Cancellation” and the address at which such seller can be given. If those conditions are met, the seller must return to the consumer the full amount of any payment made or consideration given under the contract or for the merchandise.