1. Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the services provided by ChabadWorks as described in detail in the “Included ChabadWorksServices” section of the ChabadWorks homepage. By subscribing to a ChabadWorks plan and remitting the first payment, you agree to be bound by these Terms.
2. Service Subscription and Payments
2.1. You can terminate your subscription to ChabadWorks at any time. Once terminated, services will continue until the end of the current month and will not renew in the subsequent month.
2.2. No refunds will be issued if you unsubscribe during the month.
2.3. Subscription plans are up to the number of hours specified. Unused hours will not be refunded or rolled over into the subsequent month.
2.4. While ChabadWorks strives to provide the best possible service to our clients, exceeding the hourly limit of your plan does not guarantee additional service hours. However, subject to our capacity and discretion, we may provide up to an additional 5% of the plan’s paid hours at no extra cost to you. Any service beyond this will require a plan upgrade or your explicit request to be billed for ad-hoc hours at ad hoc hourly rates listed on the homepage.
2.5. Monthly subscription fees will be charged to your credit card on the first day of each month with the exception of the first month whereby your credit card will be charged upon enrollment and the corresponding plan rates will be prorated until the end of the current month.
3. Service Delivery
3.1. You will be responsible to ensure that ChabadWorkers have sufficient tasks distributed throughout the month.
3.2. While ChabadWorks is committed to delivering the full number of hours as per the subscribed plan, we cannot guarantee the availability of services if the workload is not reasonably distributed throughout the month. We encourage you to provide a steady supply of tasks to ensure optimal utilization of the plan service hours. Please note that large volumes of work requested towards the end of the month may not be feasible due to capacity constraints. The plan is “up to” a certain number of hours reasonably distributed throughout the month, not a guarantee of that number.
3.3. ChabadWorkers may from time to time, without notice and prior instruction, perform tasks which in their judgment are necessary and/or beneficial to you within your subscribed plan.Kindly inform your client relationship manager if you do not consent to such activities.
3.4. Upon initial subscription, youwill be introduced to an account manager who will be responsible for the work conducted by ChabadWorks on your behalf. ChabadWorks reserves the right to substitute or replace any account manager at its discretion.
3.5. Account managers may collaborate with other specialized team members to complete tasks effectively and efficiently. This could involve tasks such as graphic design, bookkeeping and accounting, website updates and management of your CRM, among others. All hours spent by any ChabadWorker towards your tasks will be counted towards the usage of your monthly plan hours.
3.6. ChabadWorkers are entitled to request up to 10 variable days of leave per year, excluding Jewish holidays. Prior to taking time off, your account managerwill coordinate with you and exert best efforts to provide a back-up to take over their usual tasks. This is to ensure minimal impact on the service you receive.
3.7. The official hours of operation ofChabadWorks are Mondays through Fridays, 9am to 5pm EST/EDT. However, all work provided to you whether or notconducted during official hours of operation will count towards the total hours of your subscribed plan.
4. Time Tracking
4.1. ChabadWorks will track activity hours against your plan using timekeeping software.
4.2. You will be sent the current utilization of hours within 24 hours upon request. Additionally, ChabadWorks will attempt to provide a snapshot of time utilization on a specially designated client portal that will be available to you at all times.
5. Relationship of Parties
5.1. ChabadWorks shall be regarded as an independent contractor, and nothing herein shall be construed as constituting a partnership, joint venture, consortium, or other entity between the parties.
5.2. You shall not directly or indirectly hire or attempt to hire current or former ChabadWorkers.
5.3. You shall not discuss compensation directly or indirectly with any ChabadWorker. Any and all conversations regarding compensation, bonuses or any other benefits should be discussed directly with your ChabadWorksclient relationshipmanager.
5.4. You agree not to compel or request any ChabadWorker to help you with referring, soliciting or hiring any virtual assistant.
6. Security and Indemnity
6.1. You shall be responsible for the security and integrity of your website, software and data which we may use or access in providing services, and to the extent permitted by law, ChabadWorks expressly disclaims any liability in loss of data or use of such data or services provided.
6.2. You are encouraged to share information on a need-to-know basis and are generally advised to provide read-only access when possible. You acknowledge and agree that your use of the services is at your own risk.
6.3. You acknowledge further that services are provided by ChabadWorks for the sole purpose of supplementing your administrative capacity, and ChabadWorks hereby expressly disclaims any representation or warranty that such provided services will enable you to attain any particular goal or objective or provide you with any solution to any particular problem.
6.4. In no event shall ChabadWorks’ maximum liability to you for all claims arising out of or in any way related to your availment of services exceed Twenty percent (20%) of fees paid by you corresponding to your subscription plan during the twelve (12) month period prior to the occurrence of the event giving rise to the claim. Any amount previously paid by Chabadworks to you shall reduce the liability limit for further claims arising under your availment of the services.
Medallion Package subscriptions: For purposes of determiningChabadWorks’ liability cap, the basis shall be the prevailing Gold Package ratesrelevant to the period mentioned above.
6.5. You agree to indemnify and hold ChabadWorks harmless — including its officers, directors, employees, and agents — from any costs, losses, expenses (including attorney’s fees), liabilities that may arise from your use (or inability to use) the services, your violation of these Terms, your violation of any third party’s rights, or your violation of any applicable law. If any legal action is taken against ChabadWorksas a result of these circumstances, ChabadWorks may engage its own counsel to defend such action, and you agree to cooperate with ChabadWorks in defending such claims.
6.6. For Medallion Package subscription: All views and advice expressed by Rabbi Eliyahu Schusterman are his alone and do not necessarily reflect the views or positions of ChabadWorks.ChabadWorks does not warrant the completeness, accuracy or reliability of such views and advice.
7. General Provisions
7.1. These Terms are governed by and interpreted in accordance with the laws of the state of Florida, without regard to its principles of conflicts of laws.
7.2. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
7.3. ChabadWorks reserves the right to modify these Terms at any time, effective upon posting of an updated version of these Terms on the ChabadWorks homepage. You are responsible for regularly reviewing these Terms.
7.4. The failure of ChabadWorks to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
