Terms of Service
UPDATED AUGUST 19, 2021
We tailor our services for each of our Client’s requirements. The specific services, number of hours and pricing, etc., are outlined in the “Summary of Services”. Please refer to this page https://www.overdriveservices.com/services and our Plans https://www.overdriveservices.com/plans if you are undecided about your needs.
This is a monthly recurring subscription with an Initial Term of 2 months. Any “First month” or longer discounts we may be offering are applied to the first invoice(s), and each following month after the discount period will be billed at the normal rate. You may upgrade, downgrade, or cancel your subscription at any time after the Initial Term provided a 15-day advance notice is given. Company may select from the Service Plans alluded to above or OverDrive and Company may agree on different service levels and pricing. Unless otherwise agreed, there are no set-up fees of any kind.
Your subscription begins when you sign up and remit the first payment. Once subscribed, it can take from one to three weeks for your Assistant to be selected. The time between your initial subscription payment and our selecting the Assistant(s) will be credited to your second payment.
Once selected, we take your Assistant through orientation and, if needed, training. The orientation they receive centers around your industry and your business specifically. Once completed, they begin their work for you. We encourage you to be ready to work with them since the subscription payments will not abate or be credited if your Assistant is idle.
Pricing and Billing
Your Assistants will work the number of hours appropriate to the plan you have chosen and the monthly subscription price will be the same each month regardless of the actual days in any one month. Company has the flexibility of working with the Assistants on Company’s preferred times. Assistants will not be required to work more than the selected subscription provides without Company incurring overtime of 1.5 times their fee, or unless time off is given in lieu of overtime as agreed or a combination thereof. Full-time Assistants will accrue 10 days of paid vacation during the year accruing at a rate of .833 days per month and 5 days of personal leave per year which are ordinarily sick days. Personal leave days will be made up. Though earned, unless exceptions are made, no vacation will be taken until the 4th month. Half time Assistants accrue at half the aforementioned rate. Should any Assistant become ill and unable to report to work for 2 weeks, OverDrive will replace the Assistant. Since personal leave days are made up usually within 60 days, invoices rarely vary. Assistants will be off on traditional US holidays plus Christmas Eve Day and New Year’s Eve Day and any Company-specific days off.
Specialist Work Schedule
Payments are monthly and due in advance. Thereafter and on an ongoing basis, Company will pay by credit card which will occur automatically unless other arrangements are made. If your payment is not received or your credit card fails to process, we will notify you. If the problem persists for 48 hours, OverDrive reserves the right to stop work until the problem is resolved. Payments are earned when received. Company agrees that no refunds (be they through credit card reversals or direct payment refunds) will be given once payment is made except and only in the case of an overpayment in which case a credit will be issued.
Payments and Termination
As your requirements change, please let us know and we will modify your invoice as appropriate.
Additional Services Requested
OverDrive reserves the right to terminate this Agreement without prior notice for lack of payment or unprofessional treatment of any OverDrive staff member. Unprofessional conduct shall include, but not be limited to, cursing, suggestive comments or using abusive language with any member of the OverDrive staff.
Right to Terminate
Company agrees not to solicit, recruit, or hire any OverDrive Partner, Assistant, Contractor, or other Employee at any time during the life of the project or 36 months thereafter without written permission of OverDrive.
Recruiting Company Personnel
Company (Indemnifying Party) shall defend, indemnify and hold harmless OverDrive, its affiliates, officers, directors, shareholders, agents, contractors and employees (each an Indemnified Party) from any and all claims, demands, obligations, liabilities, damages, expenses and actions of every kind and nature.
Indemnity and Hold Harmless
This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed, and interpreted in accordance with the laws of Texas without giving effect to principles of conflicts of law. Any dispute hereunder shall be settled by binding arbitration under the rules of the American Arbitration Association (“AAA”) in Dallas, Texas. Either party may apply to AAA for the appointment of a single arbitrator to hear such dispute, with the costs of the arbitrator to be paid by the non-prevailing party, and each party paying its own legal fees and costs.
This Agreement sets forth the entire understanding of the parties. Any amendments or modifications must be in writing to be valid.
This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Company and OverDrive.
Successors and Assigns
This agreement including the terms and conditions set forth herein (Agreement) are between OverDrive Services, LLC, and its affiliates (hereafter OverDrive), and your company (You or Company). This Agreement involves OverDrive’s assigning staff to serve Company. OverDrive will provide Assistants for your needs at your request. These may include General Administrative Staff, Customer Service Representatives, Marketing, Sales Support, Bookkeepers, Credit and Collections and Back Office Personnel, or any other Professionals (hereinafter Assistants) you require and as agreed.