(Scroll down to read complete terms of agreement)
|1-Jan||New Year's Day|
|Last Monday in May||Memorial Day|
|1st Monday in Sept.||Labor Day|
|4th Thursday in Nov.||Thanksgiving Day|
If the Client's location is in a country other than the U.S. Client shall work with the VP to adjust the above 6 day holiday schedule to that which is appropriate for their country's traditional holidays.
In addition, it is expected that Virtual Professionals will require an additional seven (7) days off per year for illness, vacation or personal business. By signing this Agreement, Client has agreed that this level of expected VP time off is included as part of the cost of the monthly subscription amount.
Client shall immediately notify MOD of the completion or termination of a VP assignment. If Client violates this paragraph, Client acknowledges that determining the resulting damages to MOD would be impracticable or extremely difficult. Therefore, Client agrees to pay MOD as liquidated damages for each violation in the amount of $25,000.00 per VP. CLIENT SPECIFICALLY CONSENTS AND AGREES THAT IN THE EVENT CLIENT VIOLATES THIS SECTION, MOD MAY IMMEDIATELY CHARGE ALL FUNDS AND LIQUIDATED DAMAGES DUE HEREUNDER AGAINST CLIENT'S BANK ACCOUNT OR CREDIT CARD HELD ON FILE VIA CLIENT'S ACCOUNT THROUGH MOD's SELECTED MERCHANT PROVIDER. MOD, IN ITS SOLE DISCRETION, MAY CHARGE ANY PORTION OF SAID FUNDS OR DAMAGES WITHOUT WAIVING ANY AMOUNTS OWED BY CLIENT IN EXCESS OF SAID CHARGE.
CLIENT UNDERSTANDS THAT EACH VP THEY CAUSE TO BE HIRED AWAY FROM MOD WILL RESULT IN PAYING MOD $25,000.00, WHICH WILL BE IMMEDIATELY CHARGED, TO CLIENT'S DEBIT OR CREDIT CARD ON FILE.
CLIENT SPECIFICALLY CONSENTS AND AGREES THAT IN THE EVENT CLIENT ELECTS TO TERMINATE THE AGREEMENT AND CONTINUE TO RETAIN THE SERVICES OF VPs PURSUANT TO THIS SECTION, MOD MAY IMMEDIATELY CHARGE ALL FUNDS DUE HEREUNDER AGAINST CLIENT'S CREDIT CARD HELD ON FILE VIA CLIENT'S ACCOUNT THROUGH MOD's SELECTED MERCHANT PROVIDER. MOD, IN ITS SOLE DISCRETION, MAY CHARGE ANY PORTION OF SAID FUNDS WITHOUT WAIVING ANY AMOUNTS OWED BY CLIENT IN EXCESS OF SAID CHARGE.
CLIENT UNDERSTANDS THAT EACH VP THEY CAUSE TO BE HIRED AWAY FROM MOD WILL RESULT IN PAYING MOD $25,000.00 WHICH WILL BE IMMEDIATELY CHARGED TO CLIENT'S DEBIT OR CREDIT CARD ON FILE.
This Pricing and Term Addendum is in reference to the preceding Agreement between Client and MOD and is effective as of February 9, 2017.PRICING AND TERMS.
|One-time Setup Fee:||$397|
|Forty (40) Hour Per Week Service Level:||$1,747 per month|
Payment for monthly fee pricing above is based upon payment via credit card. If Client wishes to pay via ACH debit MOD will reduce the monthly billing rate by $20 per month.
By signing this contract, client agrees to pay the one-time setup fee of $397, and agrees to be committed to 90 days of service with MOD.
Client has the option to terminate this agreement at no cost after 90 days, by giving notice of cancellation to MOD in writing no later than 30 days from the end of the 90 day period.
This contract converts to a month-to-month agreement after the end of the initial 90-day period. After that point, client may only terminate this agreement by providing 30-day notice of cancellation, during which MOD is obligated to continue to provide services and Client is obligated to pay.
MOD may adjust pricing 4% annually to reflect periodic merit/performance increases for the client's Virtual Professional as well as other associated business costs. Client acknowledges, in writing, at the time of signing this Agreement that a minimum annual increase will be paid per applicable Virtual Professional who has been working for the Client for a full 365-day period and for each 365-day period thereafter.
This Referral Incentive Agreement ("Agreement") is made between MyOutDesk, LLC, a California corporation, located at 1210 G St., Sacramento, California 95814 ("Principal"), and you, our referral partner ("Referral Partner").Recitals
WHEREAS, Principal provides administrative services for its customers via third parties located in the Philippines commonly known as "virtual professionals" ("VP"); and
WHEREAS, Referral Partner is an independent third party familiar with Principal's business; and
WHEREAS, the parties desire to enter into an agreement whereby Referral Partner receives discretionary commission compensation from Principal in exchange for soliciting and referring potential clients to Principal that desire the services of a VP and/or VPs; and
WHEREAS, the parties do not intend to create an employer-employee relationship by way of this referral arrangement in any manner whatsoever; and
WHEREAS, the parties agree and understand that Principal is a recognized name in the industry and has a profound interest in protecting and preserving its public image and reputation and in turn, while ultimately controlling the method and means by which it may solicit potential clients for Principal, Principal desires to communicate certain expectations to protect its business reputation and goodwill;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, Principal and agree as follows:
Commissions are deemed earned by Referral Partner on acceptance or delivery of the order by Principal, whichever occurs first. Principal will pay commissions to Referral Partner by the last day of each month for commissions earned during the previous month.
All earned commissions are paid as a credit against your services invoiced (active clients) and as a check (non-active clients).
(a) This Agreement is controlled by and is to be construed under the laws of the State of California, and any action brought pursuant to or in enforcement of this agreement, said action shall be venued in the County of Sacramento, State of California.
(b) This Agreement is the entire agreement between the parties. If any portion of this agreement is determined by a court of competent jurisdiction to be void, invalid, or unenforceable, the remaining provisions will remain in full force and effect and will be in no way affected or invalidated.
(c) This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but which together shall constitute one in the same instrument. The section headings contained in this Agreement are inserted for convenience of reference only and shall NOT affect the meaning or interpretation of this Agreement.
(d) This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and legal representatives. Referral Partner shall not assign this Agreement without the prior written consent of Principal, which shall not be unreasonably withheld or delayed. Conversely, Principal may assign this Agreement or any of its rights and responsibilities hereunder, in whole or in part, upon written notice to, but without consent of, Referral Partner.