Introduction

1.1 These Terms and Conditions ("Terms") set forth the agreement for the provision of outsourcing services ("Services") by Cultivating Business LLC, doing business as Hiraya VA ("Hiraya VA"), to its clients ("Clients").

1.2 By utilizing the Services of Hiraya VA, the Client consents to adhere to these Terms.

Scope of Services

2.1 Hiraya VA is dedicated to connecting clients with a Virtual Assistant (VA) that meets their specific initial requirements, ensuring a tailored fit for their business needs.

2.2 Comprehensive details including deliverables, timelines, and pricing for the Services will be clearly specified in a service agreement tailored to each client.

2.3 Hiraya VA operates on a hybrid model, providing clients with the flexibility to choose between direct hiring or utilizing a managed AI Virtual Assistant.

Payment

Deposits are the fee that you will pay when first engaging Hiraya VA, and pays for our global sourcing teams to spend hours sourcing, assessing, interviewing, narrowing down, interviewing again, and eventually selecting & matching appropriate talent(s) for your account. For every 1 person we hire, we screen between 100-200 people, depending on the role. 

Deposits are non-refundable, and should you choose to not continue with Hiraya VA, we are unable to refund your deposit. The only circumstance under which Hiraya VA may consider, in its sole discretion, a refund, is if Hiraya VA has failed to provide you with a talent after 31 calendar days.

3.1 Our fee structure is designed to be straightforward and transparent, ensuring our clients understand the investment and value provided through our services.

3.2 Service Fee: Clients are charged based on the virtual assistant service package they select, which includes predefined hours per month.

3.3 Direct Hire Fee: For clients opting for a direct hire model, a flat fee is applied, covering the matchmaking and onboarding process with a 6-month service guarantee, ensuring quality and satisfaction.

3.4 Managed AI Virtual Assistant: For those selecting our managed AI Virtual Assistant services, pricing is tailored according to the hours and specific tasks required, providing flexibility and scalability.

3.5 Payments and Billing: Invoices are issued at the start of each service period, with payment terms clearly outlined to maintain transparency and trust.

3.6 Refunds: Our commitment to quality and client satisfaction includes a refund policy for the direct hire fee if a suitable match cannot be found or if service expectations are not met within the first month of engagement.

Client Obligations

4.1 Clients are expected to furnish all necessary details, resources, and access to enable Hiraya VA to deliver the Services efficiently.

4.2 Prompt cooperation and response to requests for information or approval by Hiraya VA are essential for effective service provision.

Confidentiality

5.1 Hiraya VA recognizes it may come into contact with confidential information belonging to the Client in the course of providing Services.

5.2 Hiraya VA commits to keeping such information confidential, not disclosing it to third parties without the Client’s explicit consent or unless legally mandated.

Intellectual Property

6.1 Intellectual property rights pertaining to the Services, including software, designs, documents, and other outputs, remain with Hiraya VA unless a different arrangement is made in writing.

6.2 Clients receive a non-exclusive, non-transferable license to use these outputs for internal business operations.

Limitation of Liability

7.1 Hiraya VA is not liable for indirect, incidental, consequential, or punitive damages that may arise from the Services, including lost profits or data, or business disruptions. 7.2 The total liability of Hiraya VA for any claims related to the Services will not exceed the amount the Client has paid to Hiraya VA.

Termination

8.1 Services can be terminated by either party through written notice if there is a failure to correct a significant breach of these Terms within a reasonable timeframe.

8.2 Clients must settle all due payments for services rendered up to the termination date.

Modification of Terms

9.1 Hiraya VA retains the right to amend these Terms and Conditions as needed.

9.2 Clients will be informed of any changes through email or another communication method.

9.3 Clients are responsible for reviewing and agreeing to the updated Terms. 9.4 Continuing to use the Services after changes have been communicated implies acceptance of the new Terms.

Governing Law and Jurisdiction

10.1 These Terms are governed by and interpreted in accordance with the laws of the state of Nevada.

10.2 Any disputes related to these Terms will be exclusively resolved in the courts of Nevada.