Terms of Service

Agreement to these terms

These Terms of Service (“Terms”) are an agreement between you and TheTopVA (“we,” “us,” “our”). They govern your use of our website and the virtual assistant services we provide.

By booking a call, submitting a match request, or starting a plan with us, you accept these Terms. If you are agreeing on behalf of a company, you confirm you have the authority to bind it. If you do not accept these Terms, please do not use the service.

Our Privacy Policy explains how we handle personal data and forms part of this agreement.

What we provide

We match founders and small teams with vetted virtual assistants who carry out recurring administrative work — inbox, calendar, CRM, research, scheduling, invoicing and similar tasks — under your direction.

We provide staffing, matching and account management. We do not provide legal, financial, tax, medical or other regulated professional advice, and your assistant is not qualified to give it. Work that requires a licensed professional remains your responsibility to obtain elsewhere.

Your account

• You must be at least 18 years old and able to enter a binding contract to use the service.
• You are responsible for the accuracy of the information you give us, including billing details and the scope of work you request.
• You are responsible for activity that happens under your account and for keeping your portal credentials secure. Tell us promptly if you believe they have been compromised.

Matching, swaps and cover

We aim to introduce a matched assistant within 24 hours of your brief, and in most cases we do. That is a target rather than a guarantee: availability depends on the skills, hours and time zone you ask for.

If the match is not right, tell us and we will replace your assistant at no additional cost. Plans are built around a weekly hour allowance rather than fixed shifts, and you and your assistant agree overlap hours during onboarding. We may provide cover or reassign your assistant where illness, leave or departure makes that necessary, and we will tell you when we do.

Fees and billing

• Plans are a flat weekly rate based on the hours you need. There are no setup fees. Your rate is confirmed on your intro call before any charge is made.
• Plans are billed per cycle in advance and renew automatically until you cancel. There is no minimum contract.
• Unused hours in a cycle do not roll over. Work beyond your allowance is agreed with you in advance and billed at the rate quoted at the time.
• Fees are exclusive of any sales tax, VAT or withholding that applies to you, which is your responsibility.
• If a payment fails we may pause work on your account until it is settled. We will contact you before doing so.
• We may change our rates on 30 days' notice. A change takes effect at your next renewal, and you may cancel before then if you do not accept it.

Cancellation, pausing and refunds

• You can cancel at any time by messaging your success manager or using the cancel option in your client portal. Cancellation takes effect at your next renewal date, and you keep your assistant for the cycle you have already paid for.
• First week: if it is not a fit, we refund that week in full.
• After the first week: cycles are billed in advance and are not refundable for partial weeks.
• You can pause for up to four weeks without losing your assistant match. Beyond four weeks we cannot hold a specific assistant, though we will re-match you when you return.

Your responsibilities

• Give your assistant the instructions, context and access they need, and review their work. You direct the work and remain accountable for the decisions taken on it.
• Do not ask your assistant to do anything unlawful, or anything that breaches a contract or platform rule that binds you.
• Keep your own backups of business-critical material. We are not a records or backup service.
• Make sure you are entitled to share any third-party data you pass to us, and that doing so does not breach your own obligations to the people it concerns.

Acceptable use

You agree not to use the service, or ask an assistant to:

• Break any law, regulation or sanctions regime that applies to either of us.
• Send spam or bulk unsolicited messages, or run deceptive marketing, fake reviews or engagement schemes.
• Access accounts or systems either of you is not authorised to access, or circumvent a platform's security or terms.
• Handle material that is harassing, hateful, sexually exploitative, or that depicts or promotes violence.
• Process regulated data — card numbers, health records, government identifiers — unless we have agreed the arrangement in writing first.

Assistants may decline a task they reasonably believe falls under this clause, and we support them in doing so.

Access to your tools and accounts

Where you connect your assistant to email, calendars, a CRM or other tools, you grant access at your own discretion and remain bound by those providers' own terms. Give the narrowest access that lets the work happen, use delegated or role-based access rather than sharing passwords where the tool supports it, and revoke access when an engagement ends. We are not responsible for the acts, outages or data handling of third-party tools you choose to use.

Confidentiality

Every assistant signs a confidentiality agreement before being matched, covering your business information and anything they access on your behalf. We keep your confidential information in confidence and use it only to deliver the service, and we ask the same of you in respect of any non-public information we share about our rates, methods or systems. These obligations survive the end of your plan. They do not apply to information that is already public, that we hold independently, or that we are required by law to disclose.

Ownership of work product

You own the work your assistant produces for you. On payment of the fees due for the cycle in which it was created, we assign to you all rights in that work product, and we secure the same assignment from the assistant who produced it.

You keep ownership of the material you give us. We keep ownership of our own website, brand, templates, internal tooling and methods, and nothing here transfers those to you. Where our general know-how or a reusable template is embedded in your work product, you have a perpetual licence to use it as part of that work.

Independent contractors, not your employees

Assistants are engaged by us as independent contractors. Nothing in these Terms creates an employment relationship, partnership, joint venture or agency between you and your assistant, or between you and us. We are responsible for paying our assistants; you are not their employer and are not responsible for their taxes, benefits or insurance.

While your plan is active and for six months after it ends, you agree not to engage, employ or contract directly with an assistant we introduced to you, other than through us. If you would like to hire an assistant directly, talk to us — we will usually agree terms rather than stand in the way.

Disclaimers

We provide the service with reasonable care and skill, and we vet every assistant before matching them. Beyond that, the service is provided “as is.” To the fullest extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, that any specific assistant will be available, or that the service will produce any particular business result.

Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, lost revenue, lost data or lost business opportunity, even if warned that it was possible.

Our total liability arising out of or relating to the service is limited to the fees you paid us in the three months before the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, or for fraud.

Indemnity

You agree to indemnify us against claims, losses and reasonable legal costs arising from your breach of these Terms, from your misuse of the service, or from material or instructions you gave us that infringed someone else's rights or broke the law. We will tell you promptly about any such claim and will not settle it without your consent.

Suspension and termination

We may suspend or end your plan if you materially breach these Terms, if payment remains unsettled after notice, or if continuing would expose us or an assistant to legal risk or harm. Except where the breach is serious enough to require immediate action, we will give you notice and a reasonable chance to put it right. If we end your plan without cause, we refund the unused portion of your current cycle. On termination, clauses 10, 11, 12, 14 and 15 survive.

Changes to these terms

We may update these Terms as the service changes. When a change is material we will give active clients at least 30 days' notice by email, and the change takes effect at your next renewal. Continuing to use the service after that means you accept the updated Terms. The effective date at the top of this page always reflects the current version.

Governing law and disputes

These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-law rules, and the courts of that state have exclusive jurisdiction. Before starting proceedings, both of us agree to try to resolve the dispute in good faith by contacting the other and allowing 30 days to reach a resolution. Most things are settled this way.

Contact us

Questions about these Terms, or about anything on your account, reach a person at:

• Email: [email protected]
• Phone: +1 (470) 978-4730
• Or through our contact page.