Terms of Service

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 Zybernated.

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

Zybernated is an external service provider specialized in administrative and virtual assistant 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 a Zybernated agent creates anything original for the client (“work product”). Zybernatedwill 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 Zybernated or not.

Guarantee & Warranty

Zybernated ensures the Client that any Agent assigned to him/her meets the necessary skills and knowledge required for the task. While Zybernated offers a guarantee, there is no warranty on any of the information, tasks, or project that the agent completes. Zybernated 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 Agent, it is still the client, and not Zybernated, who has control over the Agent’s work, from start to completion.

NONDISCLOSURE

The terms of the user agreement govern the disclosure of information by and between Zybernated, (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 Zybernated:

1. If the Client is constantly requesting tasks outside the scope of the service plan and Zybernated is unable to comply or find a solution.
2. If the Client is abusive to his/her Agent or any other Zybernated 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 Agent.
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 Zybernated 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 his/her work files under Zybernated/Zybernated Agent’s custody. Any files lost after 30 days from termination of service will not make Zybernated and/or its Agent’s liable to the Client or any third party.

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

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

Zybernated Terms of Service Non-solicitation Provision

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

The Client also acknowledges that Zybernated has agreements with Zybernated Agents that protect this interest by requiring that Zybernated Agent obtain Zybernated 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 Zybernated for any reason, he/she shall not directly or indirectly solicit any Zybernated to leave his or her employment with Zybernated and to work for him/her in any engagement directly or indirectly. Should any solicitation by the Client become a substantial factor resulting in a Zybernated Agent leaving the company and accepting an engagement directly or indirectly without Zybernated consent, the Client agrees to pay Zybernated a one-time fee equivalent to one year of the Client’s recent monthly Zybernated subscription. This is considered as damage reasonably calculated to compensate Zybernated or its lost investment and not as a penalty of any kind. The acceptance of this one-time fee by Zybernated 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 Wyoming, 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 Wyoming, USA shall have the exclusive jurisdiction being the primary State where Zybernated operates, except when there is an agreement to the contrary. A different venue (State), if wanted, must itself be expressly stated in the Agreement.