Thank you for choosing Uniquely Coordinated for your virtual administrative and/or telephone answering service and small business management solution. These Terms of Services constitute a legally binding agreement (this “Agreement”) between Uniquely Virtual, LLC, a Georgia limited liability company (“Uniquely Coordinated), and you. BY clicking “SUBMIT,” or by otherwise using the services defined below you agree to be bond to this agreement’s terms and conditions. Please read this Agreement thoroughly before signing up for services.
WHEREAS, Uniquely Coordinated is in the business of providing Virtual Business Support Services. WHEREAS, Client agrees to contract with Uniquely Coordinated for Business Support Services.
NOW, THERFORE, in consideration of the fees to be paid by Client to Uniquely Coordinated, which are to be prepaid and satisfied as hereinafter stated, and in further consideration of the promises, covenants, and agreements herein contained, it is hereby agreed by and between the parties hereto as follows:
1. SERVICES TO BE PERFORMED: Business Support Services which could include one or more of the following: Virtual Administrative Support, Appointment Setting, Telephone Answering, Business Support and or Business Consulting Services.
2.ADDITIONAL SERVICES: If Client needs any other services, other than those specifically described above under services to be provided, which may or may not relate to the described services, Client and Uniquely Coordinated may make a new agreement to provide the other services.
3. COMPENSATION: Due to the uniqueness of the services being provided by Uniquely Coordinated, Client will be billed in advance to prepay for Services Fees. Any expenses Uniquely Coordinated pays on the Clients behalf will be forward to client for immediate reimbursement.
a. SERVICE FEE: Service fees are based on the type of service and number of service hours selected by client above.
b. COSTS AND EXPENSES: In addition to the service fee, Client may be billed for, and shall pay the following costs and expenses: postage, delivery charges, products or services provided by outside businesses or services and / or other such expenses which may be incurred by Uniquely Coordinated in the performance of its services on Client’s behalf.
c. INVOICING: Uniquely Coordinated will send to Client an itemized invoice on a monthly basis. All invoices for Uniquely Coordinated costs and expenses [which have not been prepaid] are due upon receipt by Client.
d. AUTOMATIC BILLING: Uniquely Coordinated will process payment for services to Clients Credit Card on file at the start of each months billing cycle, for a term of this agreement. Uniquely Coordinated will email or mail Client invoice and receipt for each payment processed.
e. RETURNED PAYMENTS: Client will be billed, and shall pay to Uniquely Coordinated, a fee of Thirty-Five ($35.00) Dollars for any payment returned unpaid for any reason. Additionally, until payment is made good, by the payment of cash, certified check, money order, or credit card, Uniquely Coordinated will perform no services for Client.
f. DURATION OF AGREEMENT: Agreement shall become effective upon receipt of initial payment of service fees by Client, and shall be enforced and renewed every thirty (30) days and continue on a month to month agreement thereafter.
g. TERMINATION OF AGREEMENT: Agreement may be terminated by either party hereto at any time upon thirty (30) day written notice to the other party. Each party reserves the right to terminate this Agreement for any reason whatsoever.
4. LIMITED WARRANTIES, REMEDIES, AND DAMAGES
UNIQUELY COORDINATED does not warrant that it will have sufficient resources to handle unexpected increased service requests. UNIQUELY COORDINATED does not warrant that the service is error-free, or will operate without delays or interruptions. UNIQUELY COORDINATED is not responsible for transmission errors, corruption of data, or the security of information carried over telecommunication services. Subject to the foregoing limitations, UNIQUELY COORDINATED will use commercially reasonable efforts to provide the services, and if UNIQUELY COORDINATED fails to do so, my sole remedy will be, at UNIQUELY COORDINATED sole discretion, either: (1) the correction of the failure to provide the services, must be to the satisfaction to the client or (2) a refund of the service fees Client paid to UNIQUELY COORDINATED for such services during the period of time that the services were affected. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, UNIQUELY COORDINATED MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED HEREUNDER. UNIQUELY COORDINATED SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY LIABILITY HEREUNDER WILL BE LIMITED TO DIRECT DAMAGES, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR LOSS OF GOODWILL) FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT. UNIQUELY COORDINATED ENTIRE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS I PAID TO UNIQUELY COORDINATED FOR SUCH SERVICE DURING THE TWELVE (12) MONTHS PRECEDING SUCH FAILURE TO PROVIDE THE SERVICE. THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
5. DISPUTE RESOLUTION
Client will send UNIQUELY COORDINATED a written notice of any dispute on any invoice within thirty (30) days of statement date, or such statement shall be deemed to be correct and payable in full. Both parties will provide detailed information regarding any dispute, and each party agrees to cooperate with the other in an investigation of disputed matters. If either party initiates legal proceedings to collect any amount due here under or for any other reason, the non-prevailing will pay the prevailing parties costs and reasonable attorneys’ fees in such proceedings and any appeals. Both parties waives any and all rights they may have to a jury trial in connection with any proceedings concerning this Agreement.
6. INDEPENDENT CONTRACTOR: Both Uniquely Coordinated and Client agree that the relationship created by this Agreement is that of Independent Contractor, and not that of employee and employer, and shall not be construed otherwise.
7. BUSINESS HOURS: Uniquely Coordinated is available 9:00am - 5:00 pm, Monday-Friday. Uniquely Coordinated and its personnel can be reached by telephone at (888) 248-7067 or by email at firstname.lastname@example.org.
8. NOTICES: All notices necessary or desirable to be given here under shall be in writing and delivered in person or sent by certified mail or overnight delivery, return receipt requested, email or by facsimile, if to Uniquely Coordinated, addressed at:
Uniquely Coordinated, LLC
3330 Cumberland Blvd Suite 500
Atlanta, GA 30339
or to such other address as is stated in a notice given in compliance herewith. Any notice in accordance with the foregoing shall be deemed to have been given when delivered in person, or by facsimile or by email, or, if mailed, on the day received or refused by the intended recipient. Notices by facsimile or email will be deemed to have been received on the transmission date unless sent outside of normal business hours, in which case receipt will be deemed to be the next normal business day.
9. LEGAL FEES: If either party brings an arbitration proceeding or a lawsuit in order to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees in addition to any other relief to which that party may be entitled.
10. INABILITY TO PERFORM: If by reason of: act of God; inevitable accident; fire; lockout, strike or other labor dispute; riot or civil commotion; act of public enemy, enactment, rule, order or act of government or governmental instrumentality (whether federal, state, or local); failure in whole or in part of Uniquely Coordinated to perform under the terms of this Agreement, it shall not constitute a breach of this Agreement by Uniquely Coordinated, except to the extent of refunding any advance payments made by Client for the service or goods not provided.
11. APPLICABLE LAW: The interpretation, construction and enforcement of this Agreement shall be in accordance with the Law of the State of Georgia.
12. AMENDMENTS: Any changes or amendments to this Agreement must be made in writing and signed by the parties hereto.
13. PARTIES BOUND: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successor and permitted assigns.
14. ENTIRE AGREEMENT: This Agreement constitutes the entire, sole, and exclusive agreement between you and Uniquely Coodinated regarding the services, and supersedes any and all prior or contemporaneous communications, representations, or agreements, either verbal or written, between the Parties with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.