Last updated: March 26th, 2018
User’s Acknowledgment and Acceptance of Terms
This is a Website, email and app based service. You will need to register to become a member of this Website if you wish to access our service, and continued membership is subject to the Company’s subscription charges set out in your subscription plan. We will send you emails or messages to communicate with you about your requests. We also send you emails from time to time to communicate about promotional offers or new features. You can unsubscribe from those marketing emails at anytime. Each account is for the use of a single person and any accounts are not transferable to another user. Any requests that you submit on the Website are intended for your benefit only. (You can not share requests with another person without our prior consent.) If you’d like to use our service as a team, please contact support to sign up for a team account.
Our service and these Terms and Conditions shall be governed by and construed in accordance with the laws of Japan and the parties hereby submit to the exclusive jurisdiction of the Japan courts.
Regardless of currency, all invoices and payable charges for our service originate from Japan and, as such, we are a Japan based company trading in Japan for tax purposes.
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Services from the Supplier
1.2 “Contract” means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.3 “Services” means the services that the Buyer agrees to buy from the Supplier;
1.4 “Supplier” means Virtual Assist Japan of that owns and operates
1.5 “Terms and Conditions” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.6 “Website” means Virtual Assist Japan and any subdomains of these.
1.7 “Billday” means the monthly anniversary of the original signup, upon which further monthly subscription fees will be taken. In the event that the original billday is not available in a future month (for example 31st) the fees will be taken on the last day of the month.
1.8 “Signup form” means the online web page where the price of each hour purchased is agreed and agreement to the Supplier’s terms and conditions is made.
2.1 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
4.1 The price of the Services shall be that stipulated on the website, and is customised to the Buyer’s needs.
4.2 Subscription fees are taken on the Buyer’s Billday at the beginning of the monthly period. Your subscription period starts on a day you purchase a plan and lasts for 28 days to 31 days. If you do not use time purchased within a month, you lose it at the end of the term.
4.3 Payment of the monthly subscription price must be made monthly by credit card. Fees will automatically be charged on a monthly basis unless cancelled. To cancel subscription, the Buyer must give notice of cancellation to the supplier prior to the next billday. If the buyer have already been billed, the cancellation request will not take effect until the following month. The supplier does not offer prorated refunds or cancellations for unused time.
4.4 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
4.5 If any payment is not paid within 10-day after billday, the contract shall be deemed terminated.
4.6 The service can be customised to the Buyer’s needs. Fees for additional work requested by the Buyer are due prior to any additional work commencing and can be made via credit card.
4.7 Once you have paid for a month, no refund will be granted. Refunds are available solely at the discretion of the Supplier.
5.1 Requests can be almost any type that can be executed using a computer or a phone and requires a pysical presence. The service does not include any international phone calls made by the Supplier on the Buyer’s behalf. Please check for details of what we can or cannot do on our service page.
5.2 If you have several requests that need to be done, send each in separately. If you have one big request, break it down into small pieces and send each in separately.
5.3 If your request is clearly out of the scope of our service, we will let you know in the first response. However, we may spend some time trying to finish your request before we realize that it’s not something we can finish or an amount of work beyond our service level. If that happens, you will be given a response with as much work as the assistant has been able to do, and time purchased is used.
5.4 We reserve the right to decide at our sole discretion if a request is outside the scope of our abilities.
6.1 The Supplier shall perform the Services with reasonable skill and care. However, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6.2 The Services are subject to an initial contract period of one month and shall continue thereafter on a rolling one month contract unless and until terminated in accordance with clauses (6.3 and 6.4.)
6.3 Subject to clause 6.2, either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving notice to the other. Should the account be terminated by the Buyer, account information will be required for account security purposes. After the end of the paid-for period, the Buyer will have no further access to the account and all data relating to the Buyer may be deleted within one month.
6.4 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
6.5 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services should the Buyer become financially insolvent.
6.6 The Buyer may not use the Supplier’s service to arrange or in relation to any illegal or immoral activity.
6.7 The Buyer agrees that the Supplier will use vetted, interviewed and approved freelance Virtual Assistants to fulfil the Buyer’s workload, task and project requirements.
6.8 The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site.
7.1 The Supplier reserves the right to periodically update any prices shown on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure any prices shown are correct at the point at which the Buyer places an order.
7.2 The Supplier reserves the right to withdraw the Services from the Website at any time.
7.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
8.1 Where the Services provided involve the purchase of articles which may only be purchased by persons of a certain age the Buyer will be asked when placing the order to declare that they are of the appropriate legal age to purchase the articles.
8.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services or articles, the Supplier shall be entitled to cancel the order immediately, without notice.
9.1 The Supplier makes no warranties of any kind, expressed or implied for the services provided. Although we try our best to give you the most accurate information as quickly as possible, we offer no warranty of any kind. Under no circumstances will the Company be liable in any way for any information it provides on the Website or through our service, including, but not limited to, any errors or omissions in any responses and information our assistants give you, or any loss or damage of any kind incurred in connection with use of such information made available via the service.
9.2 In the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages, which shall in no circumstances exceed the regular monthly subscription price of the Services paid by the Buyer and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.3 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Suppliers agents or employees.
9.4 To the extent permitted by law, the Supplier shall not be liable to the Buyer save as expressly provided for in this agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the customer.
9.5 The Supplier disclaims any warranty or merchantability or fitness for a particular purpose.
9.6 The Supplier is not responsible for any loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by the Supplier and its employees. The Supplier cannot guarantee that the service will be uninterrupted or error-free, or meet the Buyer’s requirements.
9.7 The Supplier is not responsible for any loss or damages the Buyer or Buyer’s business may suffer as a result of fraudulent or negligent activity carried out by any agent, person, freelancer or company working in association with or on behalf of the Supplier. The Buyer accepts all responsibility and risk for sharing any sensitive data, including financial or payment information, with any agent, person, freelancer or company working in association with or on behalf of the Supplier.
9.8 The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of strikes, lock outs, accidents, war, fire, flood or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
10.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
11.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase until the Buyer’s monthly renewal of the Services occurs.
11.2 Monthly renewal of the Services will be subject to the Supplier’s then current Terms and Conditions.
11.3 The Supplier shall be entitled to alter the price of the Services provided at any time. Price changes will take effect in the next billing due, providing 10 business days’ notice has been provided within the Buyer’s account.
11.4 All of these changes shall be effective upon their posting on our site.
12.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Japan and the parties hereby submit to the exclusive jurisdiction of the Japan courts.
If you have any questions about this, please email us at firstname.lastname@example.org