Home page Terms & of Service 2022

Terms & of Service 2022

All website content is for advertising purposes only and does not create any representations,
warranties. The terms of these TOS shall take precedent over any website content. By signing an
Order Form (defined below), which references these Terms of Service (“TOS”),
the Customer agrees
that they have had the opportunity to review these TOS and agrees to be bound by the terms set
out herein. Any capitalized terms used in these TOS and not otherwise defined have the meaning
given to them in the Order Form.

If the Customer is a corporation, the individual signing the Order Form represents and warrants
that they have the authority to bind the corporation.

This Terms of Service (the “TOS”) is entered into between you and your
organization (“you” or
“your”) and Exec Viva Inc. (“Viva”), and applies to Viva
services, including
but not limited to
the Viva website www.execviva.com (the “Website”) and Viva remote
administrative support
(altogether, the “Service”) and supplements any order form entered into between
you and Viva
(each, an “Order From”).

BY EXECUTING AN ORDER FORM THAT REFERENCES THE TOS OR BY USING THE SERVICE YOU ARE
AGREEING TO BE BOUND BY THE TOS.

1. H2: Virtual analyst service

  1. 1.1 VA Services. During the Term (defined below at Section 2) of this
    TOS,
    Exec
    Viva
    Inc. (“Viva”) will provide the Customer with one or more Virtual
    Analyst
    (“VA”)
    to
    assist the Customer with any of the following (the “VA Services”):(а) Administrative Support;(b) Operations Support.
  2. 1.2 Order Forms. The scope of VA Service for each VA included in this
    TOS
    shall
    be set forth in
    an order form (the “Order Form”), signed by the Customer prior to the
    commencement of VA
    Services. Unless otherwise agreed upon in writing, the service plan referenced in the
    Order
    Form, detailing the scope of services to be provided by the VA shall refer to the
    introductory
    deck presentation provided to the Customer (“Intro Deck”).
  3. 1.3 Expenses. Should the Customer require any specialised tools or
    resources
    which must be
    acquired by an engaged VA, the VA or Viva shall acquire these items without prior
    approval
    of
    the Customer up to a maximum Monthly amount of $200. These expenses will be reimbursed
    by
    the
    Customer and billed immediately to the Customer. Any amount greater than $200/Month
    shall be
    approved by the Customer in writing. Viva reserves the right to require the Customer to
    pay
    for
    any expenses in advance. (Potential expenses include, but are not limited to Rebtel,
    OtterAI,
    OpenPhone).
  4. 1.4 Termination by Viva. Viva may terminate the TOS and the Customer’s
    access to
    the Services:1.4.1 Upon breach of these TOS by the Customer without notice,
    compensation
    to
    the Customer; or1.4.2 Upon 30 days notice.
  5. 1.5 DISCLAIMER. THE SERVICE IS PROVIDED TO YOU “AS IS” AND VIVA AND ITS
    SUBSIDIARIES, AFFILIATES,
    OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY,
    “REPRESENTATIVES”),
    DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY,
    INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
    NON-INFRINGEMENT
    OF THIRD-PARTY RIGHTS OR COMPLIANCE WITH LAWS WITHIN YOUR JURISDICTION. WITHOUT LIMITING
    THE
    FOREGOING, VIVA MAKES NO REPRESENTATIONS THAT USE OF THE SERVICE WILL NOT INFRINGE ANY
    COPYRIGHT, PATENT, TRADEMARK LAW OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND
    WITHOUT
    LIMITING THE FOREGOING, VIVA AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR
    WARRANTIES
    THAT
    THE SERVICE, SERVICES PERFORMED AND PRODUCTS PROVIDED BY VIVA OR OTHER THIRD PARTIES,
    WILL
    COMPLY WITH APPLICABLE LAWS WITHIN YOUR JURISDICTION, MEET YOUR REQUIREMENTS, NOT CAUSE
    DAMAGE
    TO YOU, USER PROPERTY OR PROPERTY OF OTHERS, OR THAT OPERATION OF THE SERVICE WILL BE
    UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR
    MOBILE
    DEVICE OR RESULT IN LOST DATA. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY VIVA
    AND
    THE
    REPRESENTATIVES WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH
    ADVICE
    OR
    INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF
    THE
    SERVICE.

2. H2: Personal data we collect

We collect certain personal data when you begin using the Service. The following is a description
of the personal data that we may collect, use and process in connection with the foregoing:

  • your full name, email address, and telephone number;
  • information about your business, which may include personal data about others;
  • your responses to our “Cross Client Training Manual,” including information relating to your
    business priorities, personal hobbies, and common expressions.

3. H2: Termination

  1. (a) Termination. Either party may terminate this Agreement by notifying
    the
    other
    party in writing of its desire to terminate this Agreement (a “Notice of Termination” ).
    Written Notice of Termination shall specify a Termination Date which shall be no less
    than
    15 days after the Notice of Termination. On the Termination Date this Agreement will
    terminate. Any unused hours to the Termination Date shall be refunded to the Customer.
    Any
    amounts owing by Customer shall be paid on or prior to the Termination Date. Further,
    Receiving Party will return or dispose of any tangible records of the Confidential
    Information in accordance with the Customer’s’ Confidentiality Agreement Any provision
    of
    this Agreement which expressly or by its nature survives termination or expiration, or
    which
    contemplates performance or observance subsequent to termination or expiration, will
    survive
    the termination or expiration of this Agreement for any reason.

H2: Process:

1. All Viva personnel must notify the appointed person immediately if they become aware
of
any
actual or possible personal data breach. [This obligation is included in Viva’s Internal
Handbook].

2. The steps taken by the appointed person when responding to a personal data breach may
include:

(a) Ensuring that the personal data breach is contained as soon as possible;

(b) Notifying Viva’s appropriately involved and potentially affected management team,
employees,
contractors, and customers and others of the breach in accordance with this policy.

H2: 2023 Viva Holiday Calendar

  • New Year’s Day – Monday, January 2, 2023
  • Martin Luther King Jr. Day – Monday, January 16, 2023
  • President’s Day – Monday, February 20, 2023
  • Memorial Day – Monday, May 29, 2023
  • Independence Day – Tuesday, July 4, 2023
  • Labour Day – Monday, September 4, 2023
  • Columbus Day – Monday, October 9, 2023
  • Veterans Day – Friday, November 10, 2023
  • American Thanksgiving – Thursday, November 23, 2023
  • Christmas Day – Monday, December 25, 2023
  • Viva Office Shutdown – Tuesday, December 26, 2023 – Friday, December 29, 2023