This Terms of Service (the “ToS” or “Agreement”) applies with respect to the usage of the services (the “ContactVA”) offered by UPSelling LLC (the “Company”),This website https://contactva.com/ is operated by UPSelling LLC (referred to as we, us and our). By selecting the “I accept”, “Start Trial” or “Try It Free” option the Client acknowledges that the Client has read, understands, and agrees to be bound by the terms of this Agreement. Notwithstanding the foregoing, Client’s use of the Service shall bind them and any employees, agents or subcontractors who access the service to the terms and conditions of this Agreement. If client does not agree with any of the terms or conditions of this Agreement, Client is not authorized to use the Service for any purpose whatsoever and must discontinue any and all use.

This Agreement is effective from the Client’s activation date and shall remain in full force and effect indefinitely unless and until either party terminates the Agreement. Client can cancel the service at any time subject to a minimum of thirty (30) days’ written notice. If written notice to cancel is provided thirty (30) days in advance of the next billing date, Client’s account will be canceled at the end of the then relevant period and Client will not be charged Fees again. For the avoidance of doubt, termination by Client must be provided within 30 days of the next billing date. The client will not receive a refund for any Fees already paid to Company. Written notice can be provided via email to support @ contactva.com The company can, in its sole and absolute discretion, terminate this Agreement at any time.

Term and conditions to prevent employees of ContactVA from engaging in direct business with their customers, even after the contract is canceled, can help protect company's relationships and prevent potential conflicts of interest.

Non-Compete Clause for Employees:

a. During the term of employment with ContactVA, and for a specified period after termination (e.g., [X] months/years), employees shall not directly or indirectly engage in, provide services to, or be employed by any business that competes with the products or services offered by ContactVA within the same geographical area where ContactVA operates.
b. The scope and duration of the non-compete clause should be reasonable and necessary to protect the legitimate business interests of ContactVA.

Non-Solicitation of Customers and Clients:

a. During their employment with ContactVA and for a specified period after termination (e.g., [X] months/years), employees shall not directly or indirectly solicit, divert, or take away any customers or clients of ContactVA for the purpose of engaging in a competing business.

Customer Non-Solicitation Clause:

a. Customers of ContactVA shall agree not to directly or indirectly solicit or engage in any business activities with the employees of ContactVA for a specified period after the termination of their contract with ContactVA.

Non-Disclosure and Confidentiality:

a. Employees and customers shall adhere to strict non-disclosure and confidentiality obligations regarding any proprietary information, trade secrets, or sensitive data they come across during their association with ContactVA.

Intellectual Property Rights:

a. Any intellectual property, work product, or innovations created by employees or customers during their association with ContactVA shall be the sole property of ContactVA.

Enforcement and Consequences:

a. Violation of these terms and conditions may result in legal action and claims for damages against the party in breach.

Confidentiality

Company reserves the right to inform its employees, temporary workers or subcontractors of any Confidential Information relating to Client or Client’s business if such communication is necessary or desirable for Company’s performance of its obligations arising from this Agreement, it being understood that Company will bring the confidential nature of this aforementioned information to such persons.

General

Client may not transfer or assign any or all of Client’s rights or obligations under this agreement.
If Company fails, at any time during the term of this Agreement, to insist on strict performance of any of Client’s obligations under this Agreement, or if Company fails to exercise any of the rights or remedies to which it is entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve Client from compliance with such obligations. A waiver by Company of any default shall not constitute a waiver of any subsequent default. No waiver by Company of any provision of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
This Agreement and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Service and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into this Agreement, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before entering into this Agreement except as expressly stated in this Agreement.
Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this Agreement (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in this Agreement.
Under this Agreement ContactVA Virtual Assistants (VAs) shall not engage in any business dealings with establishments such as bars, casinos, nightclubs, or the pornographic industry. VAs will refrain from supporting businesses associated with the pork food industry during the term of our contract. Additionally, any advertisement featuring images of girls will not be required or endorsed by ContactVA VAs.
This Agreement, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland. Any dispute arising from, or related to, any element of this Agreement shall be subject to the exclusive jurisdiction of the courts of Ireland. You agree that any legal proceedings brought by you against Company arising out of or in connection with this Agreement may only be brought by you in the courts of Ireland unless you reside in another member state of the European Union. If you reside in any other jurisdiction, proceedings may be brought by Company there instead.

Severability:

a. If any provision of these terms and conditions is deemed unenforceable or invalid, the remaining provisions shall continue to be in full force and effect.

Governing Law and Jurisdiction:

a. These terms and conditions shall be governed by and construed in accordance with the laws of Jurisdiction. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts in Jurisdiction.

Amendments:

a. ContactVA reserves the right to amend or modify these terms and conditions at any time. The updated terms shall be communicated to employees and customers in writing or through other appropriate means. Again, it's crucial to consult with legal counsel to ensure these clauses are appropriate for your business and comply with relevant laws and regulations. Non-compete and non-solicitation clauses are subject to specific requirements and limitations in different jurisdictions, so it's essential to tailor them accordingly.