Terms of Service

Service-Specific Terms

  • Services.
    NinjaVA specializes in offering comprehensive Virtual Assistant (VA) placement services, designed to cater to the diverse needs of our clients across various industries. With a focus on the home services and trades sectors, we provide a tailored approach to ensure that each client receives the support they need for their unique business challenges. Our services range from task management and project coordination to specialized support in areas such as customer service, administrative tasks, and beyond. Leveraging advanced technology and a rigorous selection process, NinjaVA connects clients with skilled VAs who are equipped to handle a wide array of tasks, thereby enhancing productivity and facilitating business growth. The following Service-Specific Terms (“Terms of Service”) apply to services provided by NinjaVA to Clients pursuant to an order form or other purchase document (which may be digital/online) entered into by the parties.
  • Performance Metrics and Reporting.
    You have access to performance dashboards that provide real-time insights into your VA’s activities, productivity metrics, and project status updates. These tools are designed to enhance transparency and facilitate effective management of your VA’s performance. You can monitor:
    • Time Tracking: View the hours your VA has worked and allocate time efficiently.
    • Feedback and Reviews: Provide feedback on your VA’s performance to help us maintain high service standards
  • Support and Maintenance.
    NinjaVA is dedicated to providing ongoing support to ensure a seamless experience for both you and your VA. Our support and maintenance services include:
    • Screen Monitoring:
      Default Feature: screen capture monitoring of Client’s VA’s work activities is enabled by default. This feature is designed to enhance productivity and ensure quality service delivery. In addition, mouse activity and keyboard activity (key presses per minute) are also recorded, but specific keys that are pressed are not collected or stored. These metrics are required to be a VA in our ecosystem.
  • Data Handling: When the VA uses the time tracking software, and is actively logging time (not off or on break), every 3 minutes a screen capture of all monitors is taken and uploaded to a CDN (content delivery network) called Bunny (bunny.net). These screen captures are then viewable from the client’s account on NinjaVA.com. Screen captures may contain sensitive business information and are stored securely for a period of 30 days. Access to screenshot files is protected by an app key and app secret. Access to Bunny.net is restricted within our company and 2 step verification is enabled. Clients are responsible for informing their VAs about the activation of this feature.
    • Opt-Out Option: While we recommend using screen monitoring for effective oversight, clients have the option to opt out. Instructions for opting out are available within the service dashboard.
    • Customer Support: Access our support team via email, text and phone for assistance with any issues related to service delivery, technical difficulties, or contractual concerns.
    • Technical Assistance: Receive help with using our SaaS platform, troubleshooting technical problems, and optimizing your use of our services.
    • Service Updates: Stay informed about new features, updates, and improvements to our Services through regular communications.
    • Training and Resources: Utilize available training materials and resources to maximize the effectiveness of your VA and our platform.
    • VA Placement Charges and Fees. In consideration for the VA placement services provided by NinjaVA, the Client agrees to pay a one-time placement fee. This fee is due and payable upon the successful placement of a VA with the Client. NinjaVA does not impose recurring monthly or annual fees for the use of its services. However, NinjaVA retains a small portion of the VA’s hourly cost, which is inclusive in the rates provided to the Client. This retention is necessary to cover various operational costs including, but not limited to, credit card processing fees, international wire transfer fees, server and website development, the creation of courses and resources, and provision of ongoing support to both the Client and the VA. All payments to NinjaVA must be made in accordance with the payment instructions provided at the time of billing. Failure to comply with these payment terms may result in the suspension or termination of services.
    • VA Payment Terms:
    • Payment Obligations. By utilizing NinjaVA’s Services, you agree to pay all fees and charges associated with the Services as outlined in any applicable terms, policies, or agreements—whether written or electronic—that we may have in place. These fees are subject to change at our discretion, and we will notify you of any such changes in advance.
    • Initial Sign Up: To access and receive our Services, you are required to provide valid credit card or other approved payment account information. This information is securely collected and stored by our trusted third-party payment processor, Stripe, through an embedded Stripe form. No financial information is stored on our servers. By providing your payment information, you authorize NinjaVA to charge your designated credit card or payment account for the Services rendered on a weekly basis, based on the Virtual Assistant’s hours worked, and to retain a portion of the Virtual Assistant’s earnings to cover costs as provided for in section 4 above.
    • Weekly Billing Cycle. NinjaVA operates on a weekly billing cycle. Charges for Services are automatically processed every week using your designated payment method. Detailed invoices outlining the services rendered and corresponding charges will be provided for each billing period. Your continued access to and use of the Services is contingent upon our receipt of timely and accurate payment.
    • Authorization to Charge. You hereby grant NinjaVA the authority to charge your credit card or other approved payment method for all fees related to the Services. This authorization remains in effect until you update your payment information or terminate your account. You are responsible for ensuring that your payment information is current and accurate to avoid any interruptions in service.
    • Payment Failure and Account Suspension. If we are unable to process a payment due to an expired credit card, insufficient funds, or any other reason, or if you fail to keep your payment information current, NinjaVA reserves the right to immediately suspend or terminate your access to the Services without prior notice. Such suspension or termination constitutes a termination of these Terms of Service and your account with NinjaVA.
    • Delinquent Payments. In the event of any unpaid or delinquent amounts, NinjaVA reserves the right to charge interest on the outstanding balance at a rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lower. Additionally, you agree to reimburse NinjaVA for all reasonable costs incurred in the collection of any overdue payments, including but not limited to collection agency fees, attorneys’ fees, and other related expenses.
    • Refusal of Service Delivery. Your right to utilize NinjaVA’s Services is strictly conditioned upon our receipt of payment. Refusal to deliver Services by NinjaVA does not absolve you of your payment obligations. All amounts owed must be settled in full regardless of any disputes or service delivery issues.
    • Billing Disputes. If you believe there is an error in your billing, you must notify us in writing within thirty (30) days of the charge in question. Failure to do so will constitute acceptance of the charge, and NinjaVA will have no obligation to investigate or correct the billing discrepancy. To dispute a charge, please contact our support team through the Contact Page with relevant details and documentation.
    • Automatic Renewal and Cancellation. Unless otherwise specified, your engagement with NinjaVA’s Services may automatically renew on a weekly basis at the end of each billing cycle. You can cancel your subscription at any time by emailing hello@NinjaVA.com. Upon cancellation, you will continue to have access to the Services until the end of the current billing period, after which your account will be terminated, and no further charges will be applied.
    • Refund Policy. All payments are non-refundable except as expressly provided in these Terms of Service or required by applicable law. If you believe you are entitled to a refund, please contact us through our Contact Page to discuss your request. Refunds will be considered on a case-by-case basis and are not guaranteed.
    • Subscription Management. You can manage your payment information and reviewing billing history through your account dashboard. It is your responsibility to ensure that your payment information is up-to-date to maintain uninterrupted access to the Services.
    • Legal Compliance. NinjaVA complies with all relevant financial and consumer protection laws in Delaware, USA, and all applicable U.S. state jurisdictions. This includes adherence to regulations governing automated billing, data protection during payment processing, and transparency in billing practices. By agreeing to these Terms of Service, you acknowledge and consent to our compliance with these laws.
    • Consent to Receive Text Messages. By registering on our website, you hereby provide your consent for NinjaVA Inc., together with its affiliates or successors, to send text messages to the mobile number you have supplied. These messages may be transmitted using an automatic telephone dialing system.

Your agreement to receive text messages from NinjaVA Inc., whether they are promotional or transactional in nature and originating from a ten-digit number, is governed by the terms outlined in this Text Message Agreement. This includes the Dispute Resolution procedures specified herein and is also subject to the Privacy Policy available via the provided link. 

Upon consenting to our text message services, you will receive an initial confirmation message for each text message program you join. Should you decide to opt out by replying STOP to any received message, you will receive a final opt-out confirmation message. For assistance with any of our text message services, replying with HELP to any received message will provide you with the needed support. Initiating a text message to any of our programs may result in receiving related text messages in response.

As a subscriber, you are entitled to receive various types of text messages (SMS/MMS) to your mobile device. These messages may cover a range of topics, including but not limited to, quotes, estimates, service inquiries, real-time Q&A about our services and pricing, appointment scheduling and confirmations, requests for feedback, project updates, marketing communications, and follow-ups.

You are free to discontinue the SMS service at any stage by texting “STOP” to our shortcode. Following your opt-out, a confirmation SMS will verify your unsubscription, and no further messages will be sent. Should you wish to re-subscribe, you may do so using the original registration process, at which point SMS communications will recommence.

For any issues encountered with the messaging service, send HELP for further assistance or contact us directly at hello@ninjava.com. Please note, delivery delays or message failures are not the responsibility of carriers.

Message and data rates may apply for any messages exchanged between you and us. The frequency of messages varies based on your interactions with NinjaVA Inc. Our Privacy Policy addresses any privacy concerns and can be reviewed here: Privacy Policy.

It is your responsibility to ensure your mobile plan is compatible with this program, which may not be supported by all carriers. Currently, AT&T, Boost Mobile, Sprint, T-Mobile, U.S. Cellular, and Verizon are compatible, though NinjaVA Inc. reserves the right to modify the list of supported carriers without prior notice.

By providing your mobile number, you confirm it is accurate and that you have the authority to approve receipt of text messages at that number. Should you change, deactivate, or relinquish your number, it is your responsibility to opt out of NinjaVA Inc.’s text message programs to avoid any breaches of these Text Terms.

For customer service inquiries related to our text messaging programs, contact us toll-free at 778-200-0525.

We encourage you to review our Privacy Policy for further information.

NinjaVA Inc. may periodically update these Text Terms. Any significant changes will be communicated through text message notifications.

    • Termination Policy. You have the flexibility to terminate your Virtual Assistant’s (VA’s) employment at any time without any contractual obligation for advance notice. However, providing a 14-day notice is appreciated as it facilitates a smooth transition and allows us to arrange a potential VA replacement to ensure uninterrupted service.
    • Immediate Termination. While you can terminate the VA’s employment at any time, NinjaVA reserves the right to terminate your account and access to our Services immediately if you breach any of these Terms of Service or engage in prohibited activities. In such cases, you will not be entitled to any refunds for unused services.
    • Termination Procedures. Upon termination, whether initiated by you or NinjaVA, you agree to:
    • Cease all use of the Services.
    • Return or destroy any proprietary materials provided by NinjaVA.
    • Settle any outstanding payments owed to NinjaVA within 14 days of termination.
    • Effect of Termination. Termination of your account does not relieve you of any obligations or liabilities that accrued prior to termination. All provisions of these Terms of Service that by their nature should survive termination will remain in effect after termination, including but not limited to sections on Intellectual Property, Liability, and Indemnification.
    • Replacement Guarantee. NinjaVA is committed to ensuring your satisfaction with our Virtual Assistants. To uphold this commitment, we offer the following replacement guarantee:
    • Standard Replacement Guarantee. If you are dissatisfied with your assigned VA within the first 60 days of service, NinjaVA will provide up to three replacement VAs at no additional placement fees. To initiate a replacement, you must notify us within the 60-day period, detailing the reasons for your dissatisfaction.
    • Extended Replacement Guarantee. For clients who purchase specific service plans, NinjaVA offers an extended replacement guarantee of up to 12 months. This extended guarantee provides additional replacements beyond the standard three, ensuring you have ample opportunity to find a VA that meets your needs.
    • Replacement Process. To request a replacement, please contact our support team through hello@ninjava.com . We will promptly assign a new VA to your account and coordinate the transition to minimize any disruption to your operations.
    • Limitations. The replacement guarantee does not apply to dissatisfaction arising from factors beyond NinjaVA’s control, such as changes in your business requirements or the VA’s availability. Additionally, the guarantee is subject to adherence to all Terms of Service and proper use of the Services.
    • Intellectual Property Rights. Your intellectual property rights are paramount to NinjaVA. This section outlines how intellectual property is managed between you, NinjaVA, and our Virtual Assistants (VAs).
    • Ownership of Work Product. All work produced by VAs for you remains your exclusive intellectual property. This includes, but is not limited to, documents, designs, code, and any other deliverables created as part of the Services. By using our Services, you retain full ownership and all associated rights to your work product.
    • Use of Anonymized Data. NinjaVA retains the right to use anonymized data for the purposes of service improvement, research, and marketing. Anonymized data excludes any personally identifiable information and cannot be traced back to you or your VA. This ensures that your sensitive information remains confidential while allowing us to enhance our Services.
    • Protection of Intellectual Property. You are responsible for ensuring that any materials provided to VAs do not infringe upon the intellectual property rights of third parties. Similarly, NinjaVA ensures that the VAs do not disclose or misuse your intellectual property. Any breach of intellectual property rights by either party will be addressed promptly in accordance with these Terms of Service.
    • Licensing of Software and Tools. If you utilize NinjaVA’s SaaS platform or any proprietary tools provided by NinjaVA, you are granted a limited, non-exclusive, non-transferable license to use these tools solely for the purpose of accessing and managing your VA’s services. All rights, title, and interest in and to the software and tools remain with NinjaVA.
        1. NinjaVA Intellectual Property. All intellectual property, including but not limited to NinjaVA’s proprietary systems, methods, procedures, protocols, software, and documentation, remains the exclusive property of NinjaVA. Any unauthorized use, duplication, or disclosure of NinjaVA’s intellectual property is strictly prohibited and may result in legal action. 
    • Third-Party Intellectual Property. Any third-party software, tools, or materials integrated into the Services are subject to their respective licenses and terms of use. You agree to comply with all such third-party agreements when using these components of the Services.
    • Data Privacy and Security. At NinjaVA, the privacy and security of your data are of utmost importance. This section outlines our commitment to protecting your personal and business information:
    • Data Collection and Use. We collect and process personal information solely for the purpose of providing our Virtual Assistant placement services. This includes information necessary for account creation, billing, service delivery, and customer support.
    • Data Storage and Protection
    • Security Measures: NinjaVA employs industry-standard security practices, including encryption, firewalls, and secure data storage solutions, to safeguard your information against unauthorized access, disclosure, alteration, or destruction.
    • Access Controls: Access to personal data is restricted to authorized personnel who require it to perform their duties. All employees and contractors are bound by confidentiality agreements and trained in data protection protocols.
    • Data Retention. We retain personal information only for as long as necessary to fulfill the purposes outlined in our Privacy Policy or as required by law. Upon termination of services, data is securely deleted or anonymized in accordance with our data retention policies.
    • Data Privacy Policy Reference. For detailed information on how NinjaVA collects, uses, stores, and protects your data, please refer to our Privacy Policy. This policy provides comprehensive insights into our data handling practices and your rights regarding your personal information.
    • Third-Party Services. NinjaVA may engage third-party service providers to facilitate our operations. These providers are contractually obligated to maintain the confidentiality and security of your data and comply with applicable data protection laws.
    • International Data Transfers. Given our cross-border services, your data may be transferred and processed in jurisdictions outside of your country of residence, including Canada and the United States. NinjaVA ensures that such transfers comply with relevant data protection laws through mechanisms like Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs).
    • Waiver of Liability for Placement Services. In consideration of utilizing the placement services provided by NinjaVA, the Client acknowledges and agrees to the following terms:
    • NinjaVA exercises diligent efforts and due diligence in the selection and placement of candidates to meet the Client’s requirements. NinjaVA endeavors to ensure that candidates possess the requisite qualifications, skills, and professional conduct appropriate for the Client’s needs. Despite these efforts, NinjaVA does not assume responsibility or liability for any acts, omissions, damage, or misconduct that may arise from or be caused by a candidate placed with the Client through NinjaVA’s services.
    • NinjaVA serves as an intermediary in the placement process, relying on information provided by both the candidates and the Client at the time of the placement. The Client acknowledges that it is their responsibility to conduct their own comprehensive evaluations of candidates, which may include, but are not limited to, background checks, interviews, and reference verifications, to ensure the suitability of the candidate for the Client’s specific requirements.
    • By engaging NinjaVA’s services, the Client hereby releases, indemnifies, and holds harmless NinjaVA, its officers, employees, agents, affiliates, licensees, and web hosting services from any claims, damages, losses, liabilities, costs, and expenses, including but not limited to reasonable attorneys’ fees, arising from or related to the conduct or actions of a candidate placed by NinjaVA. Notwithstanding the foregoing, NinjaVA’s total aggregate liability for any and all claims arising from or related to its services shall not exceed the amount of the most recent one month of services paid for by the Client to NinjaVA.
    • The Client acknowledges and accepts that they bear the responsibility for taking all necessary precautions to mitigate potential risks associated with employing a candidate placed through NinjaVA’s services. This Waiver of Liability is acknowledged by the Client upon engagement of NinjaVA’s placement services and is binding upon the Client, their heirs, executors, administrators, successors, and assigns.
    • Respect and Professional Conduct. At NinjaVA, we are committed to fostering an environment of mutual respect and professionalism among all participants in our community, including clients, Virtual Assistants (VAs), and NinjaVA team members. We believe that respectful communication and ethical behavior are paramount to maintaining a positive and productive working relationship.
    • Communication: All interactions, whether verbal, written, or electronic, must be conducted with courtesy and professionalism. We expect all parties to communicate openly and honestly, while maintaining a respectful tone.
    • Diversity and Inclusion: We celebrate and respect diversity in our workplace. Discrimination, harassment, or any form of disrespectful behavior based on race, gender, age, sexual orientation, disability, or any other personal characteristic is strictly prohibited.
    • Professional Boundaries: Clients and VAs are expected to respect each other’s personal and professional boundaries. This includes adhering to agreed-upon working hours, respecting privacy, and maintaining a clear separation between personal and professional matters.
    • Conflict Resolution: Should any disputes or conflicts arise, parties are encouraged to address them promptly and directly through open communication. NinjaVA offers support for conflict resolution and encourages parties to seek assistance if needed.
    • Ethical Conduct: All parties must adhere to the highest standards of ethical conduct. This includes honesty in communications, integrity in actions, and a commitment to fulfilling contractual obligations.
    • Reporting Violations: Any violations of this Respect Policy should be reported immediately to NinjaVA’s support team. We are committed to investigating and addressing any reports of misconduct swiftly and effectively.
    • By adhering to this Respect Policy, all parties contribute to a supportive and harmonious community where everyone can thrive and succeed.
    • Miscellaneous.
    • Non-Circumvention. Clients are prohibited from bypassing NinjaVA to directly contract with VAs or make payments outside of the NinjaVA platform. All financial transactions must be processed through NinjaVA to ensure transparency and compliance with our terms.
    • Business/Employer Uses of our Services. If you are using our Services on behalf of a business or employer, you are accepting these Terms of Service on their behalf, and that business or employer agrees to be bound by these Terms of Service.
    • Governing Law. These Terms of Service and any disputes arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of Delaware, USA excluding its conflict of laws principles.
    • Assignment. You may not assign or delegate your rights or obligations under these Terms of Service or your account for the Services without our prior written consent. NinjaVA reserves the right to assign these Terms of Service or any of our rights or obligations at any time without restriction.
    • Conflicts. In the event of any conflict between these Terms of Service and any additional terms for a Service, the additional terms will prevail only for that specific conflict.
    • No Third-Party Beneficiaries. These Terms of Service govern the relationship between NinjaVA and you and do not confer any rights or benefits on any third parties. If you fail to comply with these Terms of Service and we do not take immediate action, it does not waive our right to enforce these terms in the future. If any provision of these Terms of Service is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.
    • Contact Information. For information on how to contact NinjaVA, please email us at hello@NinjaVA.com.
    • Severability. If any part of these Terms of Service is deemed unlawful, void, or unenforceable by a court of competent jurisdiction, the remaining Terms of Service will remain in full force and effect. Only the unlawful, void, or unenforceable portion will be removed. You agree that these Terms of Service are specifically enforceable through injunctive relief and other equitable remedies without the need to prove monetary damages or post a bond.
    • No Waiver. Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights or provisions. Any waiver of our rights or remedies must be in writing and signed by an authorized representative of NinjaVA.
    • Entire Agreement. These Terms of Service, including any amendments and documents incorporated herein, constitute the entire agreement between you and NinjaVA regarding the Services and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, related to the same subject matter.
    • Relationship of the Parties. The relationship between you and NinjaVA is that of independent contractors. These Terms of Service do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
    • Force Majeure. Neither party shall be liable to the other for any loss or damage resulting from any failure or delay in performing its obligations under these Terms of Service due to Force Majeure. Both parties agree to use reasonable efforts to minimize the impact of Force Majeure. For the purposes of this section, “Force Majeure” includes events such as strikes, lockouts, natural disasters (e.g., earthquakes, hurricanes, floods, fires), war, rebellion, civil unrest, changes in laws or regulations, epidemics, pandemics, acts of government or military authorities (including the denial or cancellation of any necessary licenses), malicious or criminal acts by third parties, unavailability of materials, carriers, or communication facilities, internet and network disruptions, and any other events beyond the reasonable control of the affected party. Force Majeure does not include economic hardship, changes in market conditions, or insufficient funds.
    • Survival. Notwithstanding any provisions to the contrary, the obligations and rights set forth in Sections on Intellectual Property Rights, Confidentiality, Limitation on Liability, Indemnification, Payments and Fees, and any other provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement, shall survive any termination or expiration of this Agreement.
    • Binding Arbitration
    • Arbitration. For any dispute, claim, question, or disagreement arising from or relating to these Terms of Service or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and, in the case of cross-border disputes or claims involving parties in Canada, the International Centre for Dispute Resolution Canada rules. 
    • The number of arbitrators shall be one unless the claim exceeds $1,000,000, in which case the number of arbitrators shall be three. The place of arbitration shall be Bellingham, Washington, USA, unless otherwise agreed by the parties. The arbitration proceedings shall be conducted in English. 
    • The arbitral award shall be final and binding upon the parties without appeal or review except as permitted by Canada or United States law for arbitration decisions and may be entered in any court having jurisdiction thereof. 
    • This arbitration clause shall survive the termination of these Terms of Service. Notwithstanding the foregoing, the parties may seek preliminary injunctive relief from a court of competent jurisdiction while arbitration under this clause is pending, if necessary to protect the rights or property of the party seeking relief.
    • Notices. Any notices to NinjaVA required or permitted under these Terms of Service shall be in writing and delivered by certified mail, courier, or email (with confirmation of receipt), to the following address: NinjaVA Inc., 140 Pearl Street, Suite 100, Buffalo, New York, Attention: Cristin Murray. Notices are deemed given upon receipt if delivered by certified mail or courier, or upon confirmation of receipt if sent by email. For the purpose of notice, NinjaVA may change its address by providing notice in accordance with this section. By providing us with your email address, you agree to receive all necessary notices electronically at that email address. It is your responsibility to ensure that your email address is accurate and to update or change it as needed.