Terms and Conditions


Terms of Service

Last modified on February 16, 2015

User’s Acknowledgment and Acceptance of Terms

Smart To Finish (“Us” or “We”) provides the www.smarttofinish.com site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. However, for any material modifications to the Terms of Use or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Use will automatically be effective upon the earlier of (i) your continued use of this site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Use on this site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Use in effect at the time such dispute arose.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

Overview of our Services

To ensure the quality of the Smart To Finish 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.

All Smart To Finish services are ongoing monthly that can be cancelled at any time with a 15-day cancellation notice.

Any agreement or attempted agreement between client and assistant, in connection with a service contract, requiring that payment be made outside of Smart To Finish 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 online Project Management program in coordination with the team project manager. Please send your requests individually: this means that each communication you have with your team member 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.

Occasionally our users will submit a task that falls outside the scope of services (for example: the task requires deep domain experience, is a project and not a task, etc). When this happens we’ll offer our extended services.

If you ever feel like your service could be better, you can contact us by telephone or email us
at amber@smarttofinish.com 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 Smart To Finish Team Diva creates anything original for you, such as research projects, reports, templates, spreadsheets, forms, etc. (“Work Product”), Smart To Finish 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. Smart To Finish owns the Work Product and has the right to use and disclose the Work Product to any third party, provided that Smart To Finish will not disclose your confidential information to any third party.

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 Smart To Finish to a third party.

As used in these Terms of Service, your confidential information means non-public information that you provide to Smart To Finish or a Smart To Finish Team Diva that you reasonably expect Smart To Finish 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 Smart To Finish or a Smart To Finish Team Diva; (2) was or becomes available to Smart To Finish or a Smart To Finish Team Diva on a non-confidential basis prior to your disclosure of the information to Smart To Finish or a Smart To Finish Team Diva; (3) is independently developed by Smart To Finish or a Smart To Finish Team Diva 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 Smart To Finish rights or property, or the rights or property of Smart To Finish Team Divas 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 Smart To Finish Team Diva 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 Smart To Finish Team Divas 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!

Payment:

Client agrees to pay Smart to Finish in accordance with the terms specified in their contract. Balances are due within 10 days of being invoiced, or on the 10th of the month, whichever is sooner. All payments are final and no refunds will be given. Any disputes on invoices must be in writing before the invoice due date. Invoices not paid on time will be subject to a late fee of 10% for each date it is late until paid in full. If an invoice is not paid by the 15th of the month, late fees will continue to be applied and all projects will be placed on hold until payment is made or payment arrangements have been put in place.

Cancellations

If you leave us, we’ll miss you dearly but we won’t hold you back. Services can be cancelled at any time with no additional fees or hassle with a 15-day cancellation notice. No refunds will be given. You can continue using your services for the remaining time for which you have paid but we will not be able to issue a refund at that point.

If you leave us and your work is based off of hourly services provided by Smart To Finish or Smart To Finish Diva’s then you are 100% responsible for the hours up to the date in which you have notified us. If Smart To Finish needs to complete a task or tasks prior to the ending of our relationship, then Smart To Finish will provide you with the items that will be complete and the amount of time expected, which will be billable as normal. Any emails, phone calls or online message boards that show communication between the client and Smart To Finish provides proof that a task has been complete and satisfactory, unless notified within 72 hours of our email, phone call or message board from you, the client, that it was unsatisfactory and these items will be billable.

Termination of Service

We reserve the right to terminate the service of a Smart To Finish client at any time — for any reason. 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:

1. 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
2. If the client is abusive to his/her Team Diva, project manager or any other Smart To Finish team member

In any case, rather Smart To Finish terminates the contract, or the client terminates the contract, all
information regarding the parties shall stay private as part of the contract agreement.