WHEREAS, Client desires to engage Chiro Practice Solutions (CPS) to provide chiropractic virtual assistant services, and CPS desires to provide such services to Client on the terms and conditions set forth herein.
The “Parties” (the Client & Chiro Practice Solutions (CPS)) agree as follows:
Services
CPS agrees to provide chiropractic virtual assistant services (the “Services”) to Client, as set forth in Exhibit A, which is incorporated herein by reference.
Communications
As our valued client, we will keep you informed through email communications, which are an integral part of our Services. These emails will encompass various subjects, ranging from account information and updates on new services to general notifications and exclusive offers. Additionally, we will reach out to you concerning essential matters such as security, privacy, and administrative issues. Please be aware that these messages will be sent to the email address you have provided. Should your email address change, it is your responsibility to inform us promptly to ensure uninterrupted communication. If you opt to receive information via text, you acknowledge that carrier rates may apply, and you are responsible for any associated charges.
Payment
In consideration for the Services, Client agrees to pay CPS the fees set forth in Exhibit A. Payment shall be made in accordance with the terms set forth here.
Term and Termination
These terms and conditions shall commence on the Effective Date, which is when your Chiro Virtual Assistant is placed, and shall continue until terminated by either Party, with 30 days written notice to the other Party. Either Party may terminate this terms and conditions agreement immediately upon written notice to the other Party if the other Party breaches any material term or condition of these terms and conditions and fails to cure the breach within 30 days of receiving written notice of such breach. You may close your Chiro Practice Solutions account by contacting info@ChiroPracticeSolutions.com.
Third-Party Services
Chiro Practice Solutions may display promotions and advertisements from third parties within the Services, or provide information and links to third-party products or services through the Services. Please be aware that any business dealings or communication with these third parties, as well as any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the third party.
Chiro Practice Solutions shall not be held responsible or liable for any losses or damages incurred as a result of your dealings with these third parties or their promotions, or due to the presence of non-Chiro Practice Solutions advertisers or third-party information accessible through the Services. It is your responsibility to carefully review and assess any dealings with third parties, as they operate independently from Chiro Practice Solutions.
Confidentiality
CPS acknowledges that it may have access to confidential and proprietary information of Client and agrees to keep such information confidential and to use it solely for the purposes of performing its obligations under these terms and conditions.
Ownership
All work product and intellectual property developed by CPS in connection with the Services provided under these terms and conditions shall be owned by Client.
Prohibition of Off-Platform Business Transactions & Non-Competition Agreement
When Clients and Virtual Assistants utilize Chiro Practice Solutions, they mutually agree not to conduct any business dealings outside of the platform. Engaging in such activities is strictly prohibited, and any attempt to do so may lead to the termination of the user’s account.
Client acknowledges the significant investment made by CPS in recruiting, training, and providing Chiropractic Virtual Assistants (CVAs) to support the Client’s practice. In consideration of this, Client agrees to the following non-competition provisions:
Intellectual Property Protection
CPS confirms that it has the necessary rights and permissions to utilize any pre-existing intellectual property or proprietary information required for executing the Services. Any pre-existing intellectual property or proprietary information that CPS brings to the engagement will remain the property of CPS. The Client agrees not to use, reproduce, distribute, or disclose such property without obtaining CPS’s explicit written consent.
Independent Contractor
CPS will execute its Services as an independent contractor, and it is explicitly stated that these terms and conditions do not establish an employment, partnership, or joint venture association between the Parties.
Representations and Warranties
CPS assures that it possesses the essential competencies and expertise to carry out the Services outlined in these terms and conditions. It commits to conducting these Services with a professional and diligent approach, adhering to all pertinent laws and regulations.
Indemnification and Liability
The Client agrees to indemnifying, defending, and absolving CPS from any claims, losses, damages, or liabilities linked to the Client’s utilization of CPS’s Services. CPS’s responsibility towards the Client in the event of any breach of these terms and conditions or any claim arising from the Services shall be limited to the total fees paid by the Client to CPS under these terms and conditions.
Limitation of Liability
CPS assumes no responsibility for any indirect, consequential, special, or incidental damages that may arise in connection with the Services provided under these terms and conditions. This applies even if CPS has been previously advised of the possibility of such damages.
The Client acknowledges that the Services may experience temporary periods of unavailability due to maintenance, acts of nature, or other factors. We want to emphasize that, to the fullest extent permitted by law, we do not provide any warranties regarding the connection to, transmission over, or outcomes of using any network connection or facilities provided (or not provided) through the Services. It is your responsibility to assess your computer and transmission network requirements and the resulting outcomes. Additionally, you agree that any inadvertent inaccuracies in the information used by you on the Services are not our responsibility or liability.
Dispute Resolution
All disagreements, controversies, or claims arising from or related to these terms and conditions, including their creation, interpretation, execution, or conclusion, shall be settled through binding arbitration in accordance with the regulations of the American Arbitration Association. The arbitration proceedings shall take place in Atlanta, Georgia, and shall be presided over by a sole arbitrator appointed in accordance with the aforementioned rules. The arbitrator’s ruling will be conclusive and binding upon both parties involved.
You agree not to initiate legal proceedings against Chiro Practice Solutions in any other venue. In the event that any party fails to comply with an arbitrator’s order, they will be held liable for the costs and expenses, including attorneys’ fees, incurred by the opposing party in enforcing the arbitration award. However, if temporary or preliminary injunctive relief is required, any party may seek immediate court intervention without prior arbitration to prevent immediate and irreparable harm.
The provisions of this arbitration clause shall be enforceable in any court of competent jurisdiction. You acknowledge and agree that any claim arising from the use of Chiro Practice Solutions or these terms and conditions must be filed within one (1) year from the date the claim or cause of action arose; otherwise, it shall be forever barred.
The failure of Chiro Practice Solutions to exercise or enforce any right or provision in these terms and conditions shall not be considered a waiver of such right or provision. If any provision of these terms and conditions is found to be invalid, the parties agree that the court should strive to give effect to the parties’ intentions as expressed in the provision, and the other provisions of the terms and conditions will remain fully valid and effective. The section titles in the terms and conditions are included for convenience purposes only and do not have any legal or contractual significance.
Governing Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Any legal action arising out of or in connection with these terms and conditions shall be brought in the state or federal courts located in Fulton County, GA.
Entire Agreement
These terms and conditions, together with Exhibit A, constitute the entire agreement between the Parties and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the Parties with respect to the subject matter hereof. In the event of any significant revisions to our terms and conditions, we will promptly publish a notification on our website. By continuing to use Chiro Practice Solutions after such changes, you are indicating your consent to be bound by the updated terms and conditions. The governing laws for the terms and conditions and the relationship between you and Chiro Practice Solutions shall be those of the State of Georgia, without regard to its conflict of law provisions.
Amendments and Waivers
These terms and conditions may not be amended except by written agreement signed by both Parties. No waiver of any breach of any provision of these terms and conditions shall constitute a waiver of any other breach or of such provision.
Thank you for entrusting us with your practice needs, and we look forward to providing you with exceptional service!
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EXHIBIT A: SERVICES
CPS shall provide the following services to Client:
Recruitment Services: CPS shall post jobs, screen applicants, interview, hire, onboard, and basic train chiropractic virtual assistants to virtually support the Client’s chiropractic clinic/practice.
Virtual Assistant Support: CPS shall provide virtual assistant support to the Client as needed.
Other Services: CPS may provide additional services to the Client upon mutual agreement between the Parties. Any such additional services shall be set forth in a separate agreement and shall be subject to the terms and conditions set forth therein.
Fee Schedule (Subject to Change):
$25/hour – Administrative & Personal Assistant Services
$35/hour – Finance Services
$45/hour – Specialty Services
Expert Services Rates Vary, provided upon request
We require a minimum commitment of 10 hours per month for Chiro Virtual Assistant services. If less than the minimum is utilized, billing will be based on the 10-hour minimum.