Terms of Service

Welcome to Winning Assistants LLC (the “Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our website winningassistants.com (the “Site”), as well as any services provided by Winning Assistants LLC, including the use of our virtual assistants (“Services”), and any other media form, media channel, mobile website, or mobile application related or connected thereto. By accessing or using the Site or our Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you are prohibited from using or accessing the Site or our Services.

Client Responsibilities​

​Supervision & Management: The Client is solely responsible for the day-to-day control, supervision, and management of its VA(s). The Client must ensure that the VA(s) perform their duties as expected.

Training & Onboarding: The Client is solely responsible for providing sufficient training and onboarding to the VA(s) to ensure effective performance.

Standard Operating Procedures (SOPs): The Client must train the VA(s) on the Client’s Standard Operating Procedures (SOPs), systems, and tools necessary for their duties.

Alignment with Mission and Values: The Client is responsible for sharing its mission, vision, and core values with the VA(s) to ensure alignment of work with the Client’s goals.

Meetings: The Client acknowledges Winning Assistants’ strong recommendation to hold weekly (or, if possible, daily) video meetings with the VA(s) for at least the first 30 days after placement to ensure effective communication and performance.

Limitation of Responsibility: The Client acknowledges that Winning Assistants will not manage day-to-day activities, train, supervise, scope, direct, control, or monitor the work performed by a VA. Winning Assistants cannot and shall not accept any responsibility and/or liability of any kind for the VA’s work or its quality.

​Actions of VA: The Client agrees that Winning Assistants shall not be responsible for any action or inaction on the part of a VA, whether during the interview stage or after successful hiring.

Background Checks

Although Winning Assistants conducts background checks, the Client is ultimately responsible for verifying each VA’s suitability for the role. Winning Assistants disclaims any liability for the suitability or actions of the VA.

Non-Solicitation / Introduced VA
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Any VA introduced to the Client, whether verbally or in writing (referred to as “Introduced VA”), will be considered a Winning Assistants VA for twelve (12) months from the date of introduction. If any Introduced VA is hired or otherwise engaged by the Client within this time-frame, the Client shall immediately pay Winning Assistants all fees due under this Agreement. The Client shall not circumvent the Company’s involvement in the hiring process.

Intellectual Property Rights
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Unless otherwise indicated, the Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, and slogans mentioned or appearing on the Site are the trademarks of their respective owners.

Client Intellectual Property

The Client is responsible for submitting VA-produced work to third parties and ensuring that the VA(s) create original materials that do not infringe upon any third party’s Intellectual Property Rights. The Client shall ensure that all work products comply with confidentiality, intellectual property, trademark, or other applicable provisions before submitting them to any third party.

Client Work Product

The Client is the sole and exclusive owner of all rights, title, and interest in the materials created by the VA during the VA’s term with the Client.

Recommendations
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Winning Assistants may suggest using specific third-party services or software, but the Client is under no obligation to utilize any of these services. The Client acknowledges that their use or non-use of any third-party services is solely the Client’s responsibility.

Data Protection

The Client must protect all confidential information provided by either party and ensure sufficient internet security measures are in place for VA Services, including data protection, anti-spam, and anti-cyber hacking measures. The Client must also implement password protection safeguards to protect work products and information accessible by the VA.

Turnover Event

If a VA decides to disengage with the Client, the Client acknowledges the importance of having processes in place for a smooth turnover upon VA Service termination or replacement. The Client accepts full responsibility for ensuring adequate procedures are in place to support its business in the event of an unexpected VA transition.

Links to Other Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Limitation of Liability

In no event shall the Company, its officers, directors, employees, or agents be liable to the Client for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:

Errors, mistakes, or inaccuracies of content.
Personal injury or property damage resulting from your access to and use of our Site.
Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
Interruption or cessation of transmission to or from our Site.
Bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Site by any third party.
Errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site.
This limitation of liability shall apply regardless of the legal theory under which such damages are sought, and even if the Company has been advised of the possibility of such damages.

Indemnification

To the extent allowed by law, the Client releases Winning Assistants from all liability, claims, and damages, known or unknown, arising from any action or inaction by the VA(s).

The Client agrees to defend, indemnify, and hold harmless Winning Assistants and its affiliates from all losses, damages, liabilities, and costs (including attorneys’ fees) arising from the Client’s conduct or the VA’s performance, including any related claims or complaints.

Governing Law and Jurisdiction

The Client represents, warrants, and covenants that the roles requested to be fulfilled by the VA are legal in the jurisdiction(s) of their operations and do not interfere with the rights of third parties.

Introduction/Presentation to Virtual Assistants

Any VA presented to Client, whether verbally or in writing (referred to as “Introduced VA”), will be considered a Winning Assistants VA for (12) months from the date of introduction. If any Introduced VA is hired or otherwise engaged by Client within this time-frame, Client shall immediately pay Winning Assistants all fees due under this Agreement.

Non-Compete Clause

The Client agrees not to create any business that directly competes with Winning Assistants’ provision of virtual assistant services for at least twenty-four (24) months from the effective date of this agreement. This includes sourcing, recruiting, vetting, and presenting VA candidates for potential employment to individuals and/or businesses.

Tax Responsibilities

Client and VA are responsible for preparing and submitting their own respective taxes, if applicable, related to income derived from this Agreement. Winning Assistants may change indirect taxes to Client, such as sales tax, GST, VAT or similar, only if required by law. Client shall be responsible for all taxes, fees, licenses required to employ or contract with the VA.​

Reference Sheets and Legal Considerations

Client may request, and Winning Assistants may provide (but under no circumstances shall be required to provide) templates, samples, and/or other documents, including, but not limited to generic employment and/or independent contractor agreements (“Reference Sheets”) to assist Client in evaluating conceptual terms and conditions upon which Client may consider engaging a VA, whether, in an employment, independent contractor, or some other capacity. Client acknowledges and agrees that any such Reference Sheets provided by Winning Assistants are (1) for reference purposes only, (2) may or may not include all legally required and/or prudent terms and conditions, (3) may or may not be appropriate for the type of engagement Client is considering, (4) may or may not comply with applicable laws, and (5) should not be copied, used, or relied upon by Client without independent counsel from advisors of Client’s choice. Client acknowledges that they not required to use any Reference Sheets. Client acknowledges and agrees that there are many considerations which must be taken into account when determining when, how, and under what terms a Client should engage a VA, including the local laws and customs in effect both in the jurisdiction where the Client and the VA are located. Winning Assistants strongly recommends that Client consult with local counsel and/or other advisors to assist Client in navigating such considerations. Neither Winning Assistants nor its counsel have or will render legal, tax, or regulatory advice to Client. In consideration of the foregoing, Client waives any and all rights, claims, and/or actions against, as well as releases Winning Assistants from any liability, expense, and/or loss, associated with Client’s use of the Reference Sheets. Client has read and understood this Section, and either consulted with or has had the opportunity to consult with, counsel and/or advisors of Client’s choice in agreeing to the terms and conditions of this Section.

Disclosures to Third Parties
Client assumes all liability, responsibility, and obligation to disclose the nature of its relationship with the VA to any third parties

Confidentiality

The Client agrees to treat any VA and/or Winning Assistants provided information with confidentiality.

Confidential Information and Client Responsibility

Client is solely responsible for any disclosure of confidential information made by Client to VA. If Client decides to disclosure any confidential information to the VA, Client may do so at their own discretion and risk. Client acknowledges that Winning Assistants does not monitor the activities, messages or communications between Client and VA, and is not liable for any violations of Applicable Law resulting from Client’s direction to any VA.

Verification Responsibility

While Winning Assistants conducts thorough background checks, the Client acknowledges its responsibility to verify each VA’s suitability for a position.

Relationship Acknowledgment

The Client acknowledges that VAs are not employees, partners, representatives, agents, joint venturers, or independent contractors of Winning Assistants.

Work Management

Winning Assistants does not manage, train, supervise, scope, direct, control, or monitor the work performed by a VA and cannot accept any responsibility or liability for such work or its quality.

Payment Responsibility

The Client is responsible for paying their VA directly for the tasks performed (If chose “Hiring Away” package)

Limited Liability

Winning Assistants shall not be responsible for any action or inaction on the part of a VA, whether during the interview stage or after successful hiring. The Client releases Winning Assistants from any and all liability arising from the actions or inactions of any VA(s).

Indemnification

The Client agrees to defend, indemnify, and hold harmless Winning Assistants and its affiliates from any losses, damages, liabilities, and expenses arising from the Client’s conduct relative to a VA and/or the VA’s performance.

Legal Compliance

The Client represents, warrants, and covenants that the roles requested to be fulfilled by the VA are legal in the jurisdiction(s) of their operations and do not interfere with the rights of third parties.

By signing an Agreement with Winning Assistants, you agree to abide by these terms and conditions. If you have any questions or concerns, please don’t hesitate to contact us.

Changes to These Terms

The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us at:

Winning Assistants LLC
17595 Harvard Avenue, Suite C, Irvine, CA. 92614.
team@winningassistants.com

​By using our website, you agree to these Terms of Service.