Terms of Service
Last Updated: January 1, 2020
User’s Acknowledgment and Acceptance of Terms
Overview of our Services
To ensure the quality of the OrangeUP 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—they’ll love you and so will we. Your OrangeUP account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.
All OrangeUP 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 OrangeUP plans are recurring subscriptions that can be canceled 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 OrangeUP shall constitute a material breach of this agreement and be subject to cancellation without refund.
Requests & Tasks
Each request (task) must be submitted by phone, email 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 telephone or email us at [email protected] 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”), OrangeUP 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 OrangeUP to a third party.
As used in these Terms of Service, your confidential information means non-public information that you provide to OrangeUP or a Virtual Assistant that you reasonably expect OrangeUP to keep secret, including your personal information (i.e., your name, your social security number, 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 OrangeUP or a Virtual Assistant; (2) was or becomes available to OrangeUP or a Virtual Assistant on a non-confidential basis prior to your disclosure of the information to OrangeUP or a Virtual Assistant; (3) is independently developed by OrangeUP 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 OrangeUP’s 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.
Guarantee & Warranty
There is no warranty on any of the information, tasks, or projects your Virtual Assistant completes for you. What we will promise is that we’ll do our best to provide the most accurate, most effective information available and we know Virtual Assistants do this better than anyone else. However, if we give you information or results that are wrong, although we’ll be deeply sorry, you can’t hold us liable for it (or the results) legally or morally — we’re sorry!
If you leave us, we’ll miss you dearly but we won’t hold you back. Monthly memberships can be canceled at any time, though we are unable to prorate membership cancellations or refund due to unused time. All cancellation requests will go into effect at the end of your current monthly subscription. To cancel, just email your assistant or contact our Support Team: [email protected] and ask us to cancel your subscription.
Termination of Service
In darker news, we reserve the right to terminate the service of a OrangeUP 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 OrangeUP team member
OrangeUP Terms of Service Non-solicitation Provision
I acknowledge that OrangeUP has made substantial investments in recruiting, training and matching skilled OrangeUP assistants with each of its members including me, and that OrangeUP has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that OrangeUP has agreements with OrangeUP assistants that protect this interest by requiring that OrangeUP assistants obtain orangeUP’s prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the OrangeUP member to whom they were assigned. Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twelve (12) months immediately following the termination of my relationship with OrangeUP for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any OrangeUP assistant who is assigned to me at that time or who was assigned to me within the six months preceding termination of my relationship with OrangeUP to leave his or her employment with OrangeUP and to work for me in any engagement directly or indirectly. Should any solicitation by me become a substantial factor resulting in a OrangeUP assistant leaving OrangeUP and accepting an engagement with me directly or indirectly without OrangeUP’s consent, I agree to pay OrangeUP as liquidated damages reasonably calculated to compensate OrangeUP for its lost investments and not as a penalty of any kind, a one-time fee equivalent to one year of my monthly OrangeUP subscription in effect at the most recent date that the OrangeUP assistant had been assigned to me by OrangeUP.
Data Rights and Protection
OrangeUP has the utmost respect for our customers’ privacy and information protection. Given the ever changing regulatory environment, we strive to stay ahead of the curve. In our mission to ethically and lawfully serve our customers we have the following policies in place in order to adhere to international and domestic law:
OrangeUP wrote the 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 Data Protection Officer at [email protected] Additional details are provided below in our “Data Protection Officer” description.
Timely Breach Notification:
In the event of a data breach, OrangeUP will notify our associated data controllers and customers within 72 hours. In addition to outlining the nature of the breach, the breadth, and actions involved to remedy the situation will be detailed.
Right to Data Access:
If at any time a customer wishes to access his or her existing data profile, OrangeUP will provide a free electronic copy of the data we collected about that customer. This report will also include the various ways the information has been used.
Right to Be Forgotten:
If at any time customer discontinues their relationship with OrangeUP, the customer can request that his or her personal data is wholly erased from our records.
This gives users rights to their own data. Customers will be able to obtain their data from OrangeUP in an electronic report and reuse that same data in different environments outside of ours.
Privacy by Design:
OrangeUP has a full and detailed map of our data collection process and the various parties privy to that data OrangeUP has specifically designed its systems and trained its staff to maintain customer privacy. We strive to continue to improve and adapt this design to be forward looking.
Data Protection Officer:
OrangeUP has appointed a Data Protection Officer who can be reached at [email protected] This internal officer will be able to rescind customer consent as requested, alert stakeholders of a data breach, provide access to data reports, ensure the right to be forgotten, establish data portability as requested, and oversee privacy by design with a fiduciary responsibility.
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