By using our services you are agreeing to these terms.

Your access to and use of the service is conditioned on your acceptance of and compliance with these terms. These Terms apply to all visitors, users, and others who access or use the Service. These Terms are legally binding on all users of this Website and constitute a legally binding agreement between you (“User”) and eMarket Media.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of  the terms then you may not access the Service.

Overview of Services

eMarket Media is an external service provider and a digital marketing company specialized in administrative and real estate transaction coordination. The nature and scope of the service to be provided shall be clearly indicated in the Agreement. Any task falling short or requiring more constitutes a breach of such Agreement that may warrant a termination of service.

Tasks and services by the employee/agent are non-transferable. The client’s account is also exclusive and non-transferable.

Ownership and Confidentiality of Work Product

If an eMarket Media Virtual Assistant creates anything original for the client (“work product”). eMarket  Media will acknowledge the Client’s exclusive and irrevocable license to use the same for personal and commercial purposes. The Client owns the Work Product and has the right to possess, use, enjoy the fruits thereof, dispose or sell it to any third party, whether such third party is known to eMarket Media or not.

Guarantee & Warranty

eMarket Media ensures the Client that any agent assigned to him/her meets the necessary skills and knowledge required for the task. While eMarket Media offers a guarantee, there  is no warranty on any of the information, tasks, or project that the Virtual Assistant completes. eMarket Media provides the best quality of service including but not limited to effective and accurate working force to drive the best outcome. Though there is technically no employer-employee relationship between the Client and the Virtual Assistant, it is still the client, and not eMarket Media, who has control over the Virtual Assistant’s work, from start to completion.

NONDISCLOSURE

The terms of the user agreement governs the disclosure of information by and between eMarket Media, (the *Recipient*) and you, the new member (the *Discloser*) as of the date of this membership signup.

The parties are willing to disclose such information to each other on the condition that the recipient of the information does not disclose the same to any third party nor make use thereof in any manner except as set out below.

In consideration of such disclosure to each other, it is agreed by and between the parties hereto as follows:

Handling of Confidential Information:

The receiving party undertakes to treat as strictly confidential and not to divulge to any third party any of the information disclosed by the other and not to make use of any such information without the disclosing party’s prior written consent. The obligations of confidentiality and non-disclosure will be honored even after the termination of this agreement, except as required by governmental authorities.

Definition of Confidential Information

As used herein, Confidential Information shall mean any and all technical and non-technical information provided by either party to the other, including but not limited to, trade secrets, information related to current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, financial information, customer lists, employees, business and contractual relationships, sales and marketing plans.

Exceptions to Confidential Information

The above undertaking shall not apply to:

1. Information which after disclosure by the disclosing party is published or becomes generally available to the public, otherwise than through any act or omission on the part of the receiving party;
2. Information which the receiving party can show was in its possession at the time of disclosure and which was not acquired directly from the disclosing party;
3. Information rightfully acquired from others who did not obtain it under the pledge of secrecy to the disclosing party.
4. Information which at the time of disclosure is published or otherwise generally available to the public; 

Termination of Service

Either Party may terminate the Agreement upon 30 days written notice to the other Party for any purpose. The following are a few sample reasons for termination of service by eMarket Media:

1. If the Client is constantly requesting tasks outside the scope of the service plan and eMarket Media is unable to comply or find a solution.
2. If the Client is abusive to his/her Virtual Assistant or any other eMarket Media team member. Abuse consists of, and is not limited to, verbal abuse, written abuse, any form of racism, or sexism. Belittlement of any kind will not be tolerated.
3. If the Client is sharing or allowing another person/company to give tasks to the Virtual Assistant.
4. If the Client repeatedly fails to pay at the agreed time.

The lapse of the period of engagement of service (subscription), as defined by the kind of subscription, automatically terminates the service of eMarket Media unless a continuation thereof is agreed upon. Hourly Projects are deemed continuous, unless and until they are expressly cancelled by the Client.

Upon termination of service, the Client assumes the obligation to make all means to obtain all of his/her work files under eMarket Media/eMarket Media Virtual Assistant’s custody. Any files lost after 30 days from termination of service will not make eMarket Media and/or its Virtual Assistant liable to the Client or any third party.

The termination of service marks the termination of the work relationship between the Client and the eMarket Media’s Virtual Assistant. eMarket Media is not accountable to any failure or damage caused by the eMarket Media Virtual Assistant in his/her dealing with the Client in any form or nature after such termination of service.

Any Agreement between the Client and eMarket Media Virtual Assistant, in connection with a service contract, requiring that payment be made outside of eMarket Media shall constitute a material breach of the Agreement which justifies a termination of service and/or cancellation of subscription without refund.

eMarket Media Terms of Service Non-solicitation Provision

In the Agreement, the Client acknowledges that eMarket Media has made a substantial investment in recruiting, training and matching skilled eMarket Media Virtual Assistants with each of its Clients, and that eMarket Media has a legitimate interest in earning a reasonable return on those investments.

The Client also acknowledges that eMarket Media has agreements with eMarket Media Virtual Assistants that protect this interest by requiring that eMarket Media Virtual Assistant obtain eMarket Media prior written consent before accepting any direct engagement with the Client to whom they were assigned.

Accordingly, to the fullest extent permitted under applicable law, the Client agrees that during his/her subscription and for a period of twelve (12) months immediately following the termination of such subscription with eMarket Media for any reason, he/she shall not directly or indirectly solicit any eMarket Media to leave his or her employment with eMarket Media and to work for him/her in any engagement directly or indirectly. Should any solicitation by the Client become a substantial factor resulting in an eMarket Media Virtual Assistant leaving Market Media and accepting an engagement directly or indirectly without eMarket Media consent, the Client agrees to pay eMarket Media a one-time fee equivalent to one year of the Client’s recent monthly eMarket Media subscription. This is considered as damage reasonably calculated to compensate eMarket Media or its lost investment and not as a penalty of any kind. The acceptance of this one-time fee by eMarket Media from the Client does not, however, constitute a waiver of the former’s right to bring a case in court for any other claim.

Governing Law

All stipulations in the Agreement shall be construed in accordance with the laws of the State of Nevada, USA.

Jurisdiction Clause

In case any of the parties want to seek for judicial recourse in any dispute arising from the Agreement, the courts of Nevada, USA shall have the exclusive jurisdiction being the primary State where eMarket Media operates, except when there is an agreement to the contrary. A different venue (State), if wanted, must itself be expressly stated in the Agreement