Terms and Conditions – Nimble Remote Subscription Staffing, Terms and conditions for using Nimble Remote Subscription Staffing services to support your growing business, Remotely.

Terms and Conditions

User's Acknowledgment and Acceptance of Terms

These terms and conditions constitute a binding agreement (the “Agreement”) between you (the “Client”) and Nimble Remote Subscription Staffing (the “Contractor”) effective as of the date of first purchase of services by the Client. Each of the Client and the Contractor are referred to herein individually as a “Party” and collectively as the “Parties.” Nimble Remote Subscription Staffing ("Us" or "We") provides this service, the www.nimbleva.co site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. However, for any material modifications to the Terms of Use or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Use will automatically be effective upon the earlier of (i) your continued use of this site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Use on this site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Use in effect at the time such dispute arose.

As used in these Terms of Use, references to our "Affiliates/Contractors" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

This electronic record is prepared as per the Information Technology Act, 2000 and the rules thereunder, as may be amended from time to time. This record is generated by a computer system and does not require any physical or digital signatures.

Overview of our Services

To ensure the quality of Nimble 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 a 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. Your Nimble account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.

All Nimble Remote Subscription Staffing 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 Nimble Remote Subscription Staffing plans are recurring subscriptions that can be cancelled at any time

Any agreement or attempted agreement between client and assistant, in connection with a service contract, requiring that payment be made outside of Nimble Remote Subscription Staffing shall constitute a material breach of this agreement and be subject to cancellation without refund.

Requests & Tasks

Each request (task) must be submitted by email, phone, or SMS. Please send your requests individually: this means that each communication you have with your assistant should contain one, defined, task. You're more than welcome to submit multiple tasks at one time, but we ask that you create a separate email for each. This ensures the fastest possible turn around for each task.

If you ever feel like your service could be better, you can contact us by email at ops@nimbleva.co. For a list of example tasks that we will and won't do, please consult our "What We Do" page. 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"), Nimble Remote Subscription Staffing grants to 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 Nimble Remote Subscription Staffing to a third party.

As used in these Terms of Service, your confidential information means non-public information that you provide to Nimble Remote Subscription Staffing or a Virtual Assistant that you reasonably expect Nimble Remote Subscription Staffing to keep secret, including your personal information (i.e., your name, 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 Nimble Remote Subscription Staffing or a Virtual Assistant; (2) was or becomes available to Nimble Remote Subscription Staffing or a Virtual Assistant on a non-confidential basis prior to your disclosure of the information to Nimble Remote Subscription Staffing or a Virtual Assistant; (3) is independently developed by Nimble Remote Subscription Staffing 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 Nimble Remote Subscription Staffing 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 creation of the Work Product.

Warranties and Representations

Each Party hereby warrants and represents that such Party is free to enter into this Agreement, and that this Agreement does not violate the terms of any agreement between such Party and any third party.

Cancellations and Refunds

Monthly memberships can be cancelled at any time, though we are unable to prorate membership cancellations or refund due to unused time. All cancellation requests will go into effect at the end of your current monthly subscription. To cancel, just email your assistant or contact our Support Team: ops@nimbleva.co and ask us to cancel your subscription.

In the unlikely event that you are unsatisfied with the work performed by your assigned staff, you will not be charged for the hours used in the current billing cycle. Please contact your account manager to discuss any such instances.

Termination of Service

We reserve the right to terminate the service of Nimble Remote Subscription Staffing 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:

Nimble Remote Subscription Staffing Terms of Service Non-solicitation Provision

  1. As used herein, the term “Client Parties” means the Client and the Client’s parent, subsidiary and affiliated entities, and their successors and assigns, and all of their respective shareholders, members, partners, directors, officers, managers, employees and agents. Where the Client is an individual, the Client Parties shall include any business owned or operated in whole or in part by the Client, whether conducted as a sole proprietorship or in corporate form.

  2. During the term of this Agreement, and for a period of twelve (12) months after the termination of this Agreement, the Client shall not and shall cause the other Client Parties to not, directly or indirectly, on behalf of the Client or any other person, (i) solicit, recruit, induce, attempt to recruit or induce, or encourage any of the staff or any of the Contractor’s other employees or contractors with whom the Client had contact during the term of this Agreement to terminate or reduce their employment or contractor relationship with the Contractor in order to provide services directly to any other person, including the Client and the other Client Parties, or (ii) employ as an employee or engage as a contractor any individual (A) who is then, or was within the preceding three (3) months, an employee or contractor of the Contractor and (B) with whom the Client had contact during the term of this Agreement.

  3. Upon the Client’s written request, the Contractor may, at its sole discretion, allow the Client to solicit and employ or engage a named individual whose solicitation or hiring would otherwise violate clause (b) of this section, provided that the Client agrees in writing to pay, and does pay, to the Contractor the sum of $20,000 within ten (10) days after such individual accepts the offer of employment or engagement or terminates his or employment with the Contractor, whichever shall first occur.

  4. The Client agrees that if the Client breaches this section, the Contractor will incur substantial economic damages and losses in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the Contractor of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, for any breach of this section, the Contractor shall be entitled to temporary and/or preliminary injunctive relief, without the necessity of posting any bond or other security, in addition to all other remedies at law or equity to which the Contractor may be entitled. Should an arbitrator or court determine that any provision of this section is overly broad or otherwise unenforceable, the Client and the Contractor agree that the arbitrator or court shall modify such provision to the minimum extent necessary to render it enforceable. This section will survive the termination of the Term.

Data Rights and Protection

Each Party hereby acknowledges that during the Term, each Party may, from time to time, be supplied or work with certain information supplied by the other Party, all of which is confidential and of value to such Party (the “Confidential Information”). Each Party hereby agrees to the following in connection with the Confidential Information:

Obtaining Consent:

Nimble Remote Subscription Staffing 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. If at any time you wish to remove consent, please email our team at ops@nimbleva.co .

Limitation of Liability

Governing Law and Jurisdiction

This Agreement is being made and entered into by the Parties in India. Accordingly, the laws of the State of New Delhi shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the Parties hereunder. Any dispute, controversy or claim arising out of the terms of this Agreement or its interpretation shall be settled by the courts at New Delhi.

Notices

Any and all notices, demands, or other communications required or desired to be given hereunder by either Party shall be in writing and shall be validly given or made to the other Party if personally served (by hand or by overnight courier), or if deposited in the mail, certified or registered, postage prepaid, return receipt requested and notices may also be given by e-mail or facsimile transmission, provided, however, that receipt of any such e-mail or facsimile transmission is established by a read receipt or answerback confirmation. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five (5) days after deposit thereof in the mail addressed to the Party to whom such notice, demand or other communication is to be given. If such notice is given by e-mail or facsimile transmission, notice shall be deemed given on the date such e-mail or facsimile was sent provided that receipt of such e-mail or facsimile transmission is sufficiently proven. Either Party may change its address for purposes of this paragraph by written notice given in the manner provided above.