Terms & Conditions

Last Updated: October 1, 2024

IMPORTANT: These terms affect your legal rights. Please read them carefully before signing up for a service plan.

SECTION 1 – INTRODUCTION & CONSENT TO TERMS

Introduction & Agreement

Welcome to Vertu Agent, LLC ("Vertu Agent," "we," "us," or "our"), a Delaware limited liability company. These Terms & Conditions ("Terms") govern your use of our services that help you find quality global remote staff for your business.

By accepting these Terms and authorizing or depositing payment, you agree to this complete agreement. This agreement applies to all future hires facilitated by Vertu Agent.

Third-Party Disclaimer

Vertu Agent is not a party to the employment agreement between you ("User") and the individual providing global remote staff services ("Global Remote Staff"). We facilitate introductions, but don't provide the services themselves.

Vertu Agent makes no guarantees about Global Remote Staff or their work. They are independent contractors, not Vertu Agent employees or agents. Statements on our website or related to our services regarding their qualifications are based on information they provide or interviews we conduct. These are not guarantees from Vertu Agent.

Global Remote Staff cannot bind Vertu Agent with any actions, statements, or agreements. We take steps to vet them, but cannot guarantee their performance.

YOU UNDERSTAND AND AGREE THAT VERTU AGENT IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF YOUR GLOBAL REMOTE STAFF.

As independent parties, YOU AGREE that the Global Remote Staff is SOLELY RESPONSIBLE for their work. If there's a dispute with your Global Remote Staff, they, NOT Vertu Agent, are the responsible party.

Vertu Agent provides the service of connecting you with Global Remote Staff, NOT their services themselves. We interview them to match your needs, but you choose the individual(s) and make your own hiring decision.

By using our services, you waive any liability claims against Vertu Agent, our employees, agents, owners, and principals arising from your relationship with your Global Remote Staff, including any actions or inactions of the Global Remote Staff.

Changes to These Terms

We reserve the right to modify these Terms at any time. You agree to monitor these Terms for changes. Any modifications will be noted at the top of this document.

Section 2: Third-Party Disclaimer

Vertu Agent is Not Your Employer's Agent

Vertu Agent connects you with qualified global remote staff, but we are not a party to the employment agreement between you ("User") and the individual providing the services ("Global Remote Staff"). We act as a facilitator, not the employer.

Vertu Agent Makes No Guarantees

Global Remote Staff are independent contractors, not Vertu Agent employees. While we review their qualifications (experience, skills) through submitted information and interviews, these are not guarantees of their performance. We make no representations or warranties about their work.

Global Remote Staff Act Independently

Global Remote Staff have no authority to bind Vertu Agent by their actions or agreements.

Vertu Agent Cannot Guarantee Performance

While we take steps to carefully vet potential Global Remote Staff, we cannot guarantee their performance.

You Are Responsible for Your Global Remote Staff

YOU UNDERSTAND AND AGREE THAT VERTU AGENT IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF YOUR GLOBAL REMOTE STAFF.

The Global Remote Staff is solely responsible for their work. If you have a dispute with them, they, not Vertu Agent, are the responsible party.

Vertu Agent Connects You, You Choose

Vertu Agent connects you with potential Global Remote Staff. We interview them to match your needs, but the final decision is yours. You choose who to hire.

By using our Services, you waive any liability claims against Vertu Agent, our employees, agents, owners, and principals arising from your relationship with your Global Remote Staff, including any actions or inactions of the Global Remote Staff.

Section 3: Eligibility & User Account

Who Can Use Our Services

Our Services are only available to users who are 18 years of age or older. We do not target or knowingly collect information from anyone under 18.

Creating Your User Account

To use our Services, you'll need to create a User Account on our website. This involves filling out a sign-up form with information about yourself or your business, as prompted.

Keeping Your Information Accurate

By registering and becoming a User, you agree that:

  • All information you submit is accurate and truthful to the best of your knowledge.
  • You will update any errors or inaccuracies in your User Account information as soon as you discover them.
  • You will maintain your User Account by keeping it current and accurate.
Registering on Behalf of Others

You can only register a third-party user if you have their explicit consent to do so.

Our Right to Refuse Service

We reserve the right to refuse or terminate access to our Services for any reason.

Keeping Your Account Secure

You are solely responsible for keeping your password and account information confidential. You are also responsible for all activity that occurs under your account.

Section 4: Our Services

How It Works

Our simple, five-step process makes hiring global remote staff easy:

  1. Get Started: Watch a demo, attend an assessment call, and complete the sign-up.
  2. Candidate Selection: We search for, interview, and present candidates that match your specific needs.
  3. Interview Your Candidates: Interview your top choices to find the best fit for your team.
  4. Onboarding: Our success team helps you onboard your new hire.
  5. Start Working: Begin collaborating with your new global remote assistant.

Section 5: Hiring Details, Equipment, and Management

Final Hire Details

Once you've chosen your global remote staff, we'll provide a separate written document (Final Hire Details) outlining:

  • Hours and times of work
  • Specific tasks and responsibilities
Equipment and Tools

As the client, you are responsible for providing and covering the cost of the necessary software and tools required for your global remote staff to complete their tasks. The global remote staff, in turn, is responsible for possessing a computer, headset, and internet service that meets the required specifications for their role.

*The specific hardware requirements will be discussed during the assessment call.

Holidays and Overtime

Your global remote staff will not work on the following holidays unless explicitly agreed upon:

  • New Year's Day (January 1)
  • Memorial Day (May 27)
  • Independence Day (July 4)
  • Labor Day (September 2)
  • Thanksgiving (November 28)
  • Christmas Eve (December 24)
  • Christmas Day (December 25)  

If a team member is required to work on a federal holiday, they must agree in advance and will be compensated at double their regular hourly rate.

Your Management Responsibilities

You are responsible for overseeing, supervising, and managing your global remote staff. Our corporate team will also not be working on the listed holidays.

Section 6: Service Plans and Subscription

Our Service Plans

We offer monthly subscription plans for our Services ("Service Plans"). Details of our available Service Plans are on our website.

Plan Details

Each Service Plan includes 40 hours a week for the selected time period. 

Pricing

We reserve the right to adjust pricing at any time. If you have an active Service Plan, you will be notified by email at least one month in advance of any changes.

Overage Charges

If you exceed your allotted hours per week per agent, you'll be charged an additional 100% of your hourly rate for each extra hour (capped to a maximum of 10 extra hours per week per agent). For example, if your global remote staff costs $15 per hour, each extra hour will be $30.

Continuous Service

Your Service Plan will continue indefinitely unless you cancel or suspend it in accordance with this agreement. Failure to maintain an active credit card, make payments, or use all your hours each month does not cancel your Service Plan.

Upgrading Your Plan

If you consistently reach your Service Plan limit, we recommend upgrading or contacting us to discuss options that better suit your needs.

Section 7: Terms of Sale & Payment

Service Plan Billing and Renewal

Your Service Plan is a recurring subscription that automatically renews each month without further action from you. You will be charged based on the chosen plan. To cancel, follow the instructions outlined in these Terms.

Payment Processing

We will charge your chosen payment method on the business day before your global remote staff starts work. If your start date falls on a Monday, we will charge the preceding Friday to ensure successful payment.

Payment Information

When providing payment information, you represent that the details are accurate and you are authorized to use the chosen payment method. By using a credit card, you authorize Vertu Agent or its third-party processor to charge your card for all service-related expenses.

Chargebacks and Late Payments

Chargebacks are not permitted. If Vertu Agent successfully disputes a chargeback, you agree to a $500 administrative fee to cover the time and effort spent resolving the issue. This fee is not a penalty but a reflection of estimated costs.

Late payments will accrue interest at 3% per month until paid in full. Vertu Agent reserves the right to transfer unpaid invoices and accounts to a collection agency or attorney. You are responsible for all associated costs, including reasonable attorney fees.

Global Remote Staff Expenses

You are responsible for all expenses related to hiring and maintaining your global remote staff. This excludes any fees associated with Vertu Agent's services.

Annual Service Fee Increase

Vertu Agent automatically increases your global remote staff's monthly fee by $100 per year to account for raises, benefits, and other compensation adjustments aimed at maintaining service quality. For example, a 3-year service term with the same staff member would result in a total monthly increase of $300 ($100/year).

Section 7A: Global Remote Staff PTO/Vacation Benefit

PTO Eligibility

After six months of continuous full-time service with the client, global remote staff become eligible for 5 days of paid vacation (PTO).

Vacation Duration and Scheduling

The paid vacation consists of 10 business days, 5 days after 6-months of continuous service. Global remote staff must schedule their vacation in advance, considering the client's business needs and workload.

Vacation Pay

During the vacation period, global remote staff will continue to receive their regular compensation.

Vacation Frequency and Accumulation

Global remote staff are eligible for this benefit once every 6 months of continuous service. Unused vacation days can carry over to the next year. 

Termination and Unpaid Vacation

If a global remote staff's employment ends before they become eligible for vacation or before using their earned vacation, they will not receive payment for unused vacation days.

Section 8: Refund Policy

No Refunds

We do not offer refunds for our Services. If you're dissatisfied with your Service Plan, please contact us to discuss how we can improve your experience.

Canceling Your Service

To stop using our Services, please cancel your Service Plan according to the terms outlined in this agreement.

Section 9: Non-Refundable Deposit

Deposit Requirement

Before we begin providing our Services, you must pay a one-time non-refundable deposit of $299 USD per role ("Deposit").

Service Commencement

We will not start searching for global remote staff until we receive your Deposit. If the Deposit is not paid within 30 days of agreeing to these Terms, your engagement with Vertu Agent will expire.

Non-Refundable Nature of the Deposit

The Deposit is non-refundable and is not contingent on:

  • Hiring a global remote staff
  • Being satisfied with the candidates presented

The Deposit covers the time, effort, and costs Vertu Agent incurs in providing the Services, including:

  • Communication with you
  • Setting up your account
  • Finding and interviewing potential global remote staff
  • Preparing candidates for your review
Unused Deposit Funds

Any unused Deposit funds will be retained by Vertu Agent and not applied to future compensation.

Section 10: Term & Termination

Initial Term and Renewal

Your Service Plan starts with a 3-month term. After that, it automatically renews for one-month terms unless you cancel.

Early Cancellation

If you cancel your Service Plan during the initial 3-month term, you must pay for the entire 3-month period. This is due to the time and resources we invest in finding and preparing qualified global remote staff. This early cancellation fee is not a penalty but a reflection of the time and potential damages we incur. It's considered "liquidated damages" under Delaware law.

Cancellation Process

To cancel your Service Plan, you must submit a written request to your Account Manager. Cancellations are effective 30 days after we receive your request.

Replacing Global Remote Staff

If you replace an existing global remote staff with a new one and want to cancel, you must still provide a 30-day termination notice.

Section 11: Non-Solicitation, Payments, and Buyout

Payments to Global Remote Staff

All payments to your global remote staff must be made through our secure third-party payment processor. Direct payments to your staff will not reduce your service fees owed to Vertu Agent.

Non-Solicitation

During the term of this Agreement and for two years afterward, you cannot directly hire or solicit any global remote staff member you find through Vertu Agent.

Consequences of Solicitation

If you violate the non-solicitation clause, you agree to pay Vertu Agent liquidated damages of $10,000 ("Liquidated Damages"). This is not a penalty, but a predetermined amount reflecting the time invested in finding staff, lost income for Vertu Agent, and the breach of this Agreement.

Buyout Option

As an alternative, you may choose to "buy out" the non-solicitation clause for your global remote staff member. This buyout fee is $15,000.

A buyout negates the liquidated damages clause. Buyouts require a separate written agreement between you and Vertu Agent.

Section 12: Community Guidelines

Prohibited Activities

You are prohibited from using our Services for:

  • Unlawful Purposes: Any illegal activity.
  • Solicitation: Encouraging others to participate in illegal activities.
  • Violation of Laws: Breaking any international, federal, state, or local laws or regulations.
  • Obscene or Immoral Content: Promoting harmful or offensive material.

We reserve the right to terminate your account for violating these guidelines.

Section 13: Vertu Agent Intellectual Property

Copyright Protection

The content on our website is protected by copyright laws. Vertu Agent exclusively owns or has a license to this content.

Prohibited Uses

You cannot, without written permission, reproduce, distribute, sell, license, or use for commercial purposes any copyrighted material on our website ("Intellectual Property").

Trademark Protection

Vertu Agent and its name, logos, slogans, and other branding elements are trademarks or service marks ("Marks") owned by Vertu Agent LLC.
You cannot use these Marks without our written consent.

Limited License

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and use our website for personal purposes. This license does not include the right to:  

  • Republish, redistribute, transmit, sell, license, or download the website or its content, except as necessary for viewing or using the services.
  • Use the website or its content for purposes other than exploring our services.
  • Modify, reverse engineer, or create derivative works based on the website or its content.
  • Collect account information for yourself or others.
  • Use automated tools to gather or extract data, or overload our infrastructure.
Unauthorized Use

Any unauthorized use of our website automatically terminates the agreement  and may result in other legal actions.

Section 14: Work Product Ownership

All work products created by your global remote staff ("Work Product") will be your exclusive property as "work made for hire," provided that all payments to Vertu Agent are up-to-date. The Work Product includes physical deliverables and all the work of your global remote staff.

Section 15: Errors and Corrections

These Terms remain active and in effect as long as they are posted on our website. We may occasionally have errors, inaccuracies, or omissions in the information on our website, such as descriptions, pricing, promotions, offers, or availability. We reserve the right to correct these errors at any time.

Section 16: General Disclaimer

No Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. This includes, but is not limited to, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.  

Limitation of Liability  

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE YOU INCUR AS A RESULT OF USING OUR SERVICES.

Section 17: Limitation of Liability

Our Responsibility

We are not liable for:

  • Indirect, incidental, special, or consequential damages, including lost profits, even if we were aware of the potential for such damages.
  • Delays or performance issues beyond our reasonable control.
Maximum Liability

Our maximum liability to you for any damages, losses, or causes of action will not exceed the amount we received from you for your Services in the one month prior to the dispute.

Claim Deadline

Any claims or legal actions against us, whether contractual, warranty-based, or tort-based (including negligence) arising from our website, services, or these Terms, must be filed within one year of the incident.

Your Options

If you're dissatisfied with our services, you can stop using them. We have no other obligations to you.

Section 19: Privacy Policy

Link to Privacy Policy

For details on how we collect, use, and disclose your information, please refer to our Privacy Policy: Here

Additional Information for Delaware Residents

If you are a resident of Delaware, we have additional privacy disclosures specific to your state. Please review them on our website.

Information We Collect

To operate our website and provide the best experience, we may collect certain information about you. This includes information automatically collected through cookies and web beacons about your device, computer, and website usage.

How We Use Your Information

You agree that we may use the information we collect from you for various purposes, including:

  • Data analysis
  • Developing new services
  • Sending marketing campaigns (you can opt-out)
  • Creating content
  • Enhancing and improving our services
  • Identifying usage trends
  • Determining campaign effectiveness
  • Any other reasonable business purpose, subject to applicable laws
Opting Out of Marketing

You can unsubscribe from marketing communications by following the instructions in the emails you receive or by contacting us at support@vertuagent.com

Section 20: General Provisions

Entire Agreement

These Terms, along with any service-specific information on our website, constitute the entire agreement between you and Vertu Agent.

Waiver

If Vertu Agent fails to enforce any provision of these Terms, it does not mean we waive our right to enforce it later.

Assignment

You cannot transfer your rights or obligations under this Agreement without Vertu Agent's written consent.

Relationship

These Terms do not create an agency, employment, franchise, joint venture, or partnership between you and Vertu Agent.

Governing Law and Dispute Resolution

This Agreement is governed by Delaware law. Except for non-payment by you, any disputes arising from this Agreement or your use of our Services will be resolved through binding arbitration in Delaware. The prevailing party in any dispute will be entitled to recover reasonable attorney's fees and costs. The arbitration will follow the rules of the American Arbitration Association's Commercial Division.

Any final arbitration decision can be presented to a court of competent jurisdiction for confirmation as an enforceable judgment. If either party chooses not to arbitrate, they will not be able to recover attorney's fees or costs.

Class Action Waiver

To the extent permitted by law, you and Vertu Agent agree that any dispute arising from these Terms or the Services will be resolved individually through arbitration (except for non-payment). Class arbitration, class actions, or similar proceedings are not allowed.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will still be valid and enforceable. If necessary, an arbitrator or panel of arbitrators may modify an invalid provision to make it valid and enforceable.

Section 21: Contact Information

Contact Us

If you have questions or comments about these Terms, please contact us at support@vertuagent.com