Terms of Use

User’s Acknowledgment and Acceptance of Terms

These terms and conditions constitute a binding agreement (the “Agreement”) between you (the “Client”) and Nine to 6 Technologies Private Limited doing business as 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.” Nine to 6 Technologies Private Limited (“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

You may cancel your Nimble account or any Service Request within one month of the start of using Services. Upon such cancellation you will be entitled to pro-rata refund of the subscription amount. For cancellation of Services after the initial period of one month, you would be required to provide advance notice for a period of one month prior to the date of cancellation of Services.

In the event that your account is suspended or terminated you will not be entitled to any refund for the services purchased, except as may be determined by Nimble in its sole discretion.

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:

If the client is constantly requesting tasks outside the scope of their service plan and we’re unable to find a solution by scaling back the requests.
If the client is abusive to his/her assistant or any other Nimble Remote Subscription Staffing team member.
Non-payment of dues for the subscription period will entitle Nimble to terminate the agreement with You. Please also note that Nimble will not be obligated to provide any services to you unless actual payment collection has taken place in favour of Nimble. You will also be liable for any loss or damages which Nimble may suffer on account of non-payment of bills.

Nimble Remote Subscription Staffing Terms of Service Non-solicitation Provision

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.
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.
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.
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:

Neither Party will disseminate or disclose to any third party, or use for such Party’s own benefit or for the benefit of any third party, any Confidential Information relating to the products, business or affairs of the other Party, however acquired during or by reason of this Agreement, such Confidential Information being deemed to include, without limitation, information in any format pertaining to copyrights, trademarks, trade names, service marks, trade dress, domain names, uniform resource locators (URLs), websites, advertising and marketing plans, media planning/placement, strategic briefs, sales plans, ideas, concepts, new products, improvements, inventions, proposed launches, discontinuance of existing products, product and consumer testing data, sales and market research; technology research & development, corporate strategic plans, budgets, profit & loss data, raw material costs, identity of suppliers, customer lists, customer information, formulae, processes, methods, and associations with other organizations.
Each Party will treat Confidential Information received from the other Party with the same degree of care and security as such Party would use with respect to such Party’s own Confidential Information, but not less than a reasonable degree of care.
Neither Party will use the Confidential Information for any purpose other than as it relates to the Services. If either Party is in any doubt as to whether a proposed use of the Confidential Information is appropriate, such Party will immediately (and before using the Confidential Information) seek written clarification from the other Party.
Neither Party will copy, reproduce or store the Confidential Information without the other Party’s prior written consent whether electronically, on any external drive (including a USB drive) or on the “cloud.” Each Party will secure physical and electronic access to the Confidential Information.
Neither Party will assert any right, title or property interest in or to the Confidential Information of the other Party.
Upon the expiration or other termination of the Term, and at such other times as either Party may request, each Party will return to the other Party all information, strategic briefs, reports, memos, presentations, letters, copies, manuals, drawings, blueprints, discs, e-mails CD-ROMs and all other materials relating to the other Party’s business, including all Confidential Information, in such Party’s work space, personal possession or control. In addition, upon the expiration or other termination of the Term, and at such other times as either Party may request, each Party will deliver to the other Party an executed certificate confirming that such Party has promptly returned to the other Party or shredded or destroyed all information, strategic briefs, reports, memos, presentations, letters, copies, manuals, drawings, blueprints, discs, e-mails, CD-ROMs and all other materials relating to the other Party’s business, including all Confidential Information, in such Party’s work space, personal possession or control.
Confidential Information will not include, and the other Party shall have no obligation whatsoever under this Agreement with respect to, information that is or becomes (through no breach of this Agreement by the other Party) generally available to the public, or was in the other Party’s possession or known by the other Party prior to receipt from such Party as demonstrated by the other Party through written documentation (if available) or otherwise.
Either Party may make disclosures required by valid order of any court or other authorized governmental entity, provided such Party promptly notifies the other Party and provides reasonable cooperation, at the other Party’s expense, with the other Party’s efforts, if any, to limit disclosure and to obtain confidential treatment or a protective order.
Each Party agrees that such Party’s obligations under this section shall continue beyond the expiration or other termination of the Term and shall be binding upon such Party’s legal representatives, heirs, successors, assigns, subsidiaries and affiliates and shall inure to the benefit of the other Party, the other Party’s subsidiaries and affiliates and their legal representatives, heirs, successors and assigns.

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

Except as may be required by law where the Client is a consumer, in the event of a breach of this Agreement by the Contractor, the remedies of the Client will be limited to actual damages but will not exceed the greater of the amount paid by the Client for the Services during the twelve month period immediately prior to the date in which those actual damages were incurred or US$12,000.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL EITHER CLIENT OR CONTRACTOR (OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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.