These Virtual Assistance Terms and Conditions (“Terms”) govern participation in and use of the Bodygraph.com Virtual Assistance Program operated by Human Design Technologies LTD, trading as Bodygraph.com (“Bodygraph.com”, “Company”, “we”, “us”, or “our”).
These Terms apply to:
- Bodygraph.com-certified Virtual Assistants listed in the Bodygraph.com Virtual Assistant Directory (“VA” or “Virtual Assistant”); and
- Bodygraph.com customers who engage a Virtual Assistant through or following referral from Bodygraph.com (“Customer”).
By participating in, using, ordering, or providing services through the Bodygraph.com Virtual Assistance Program, the relevant party agrees to these Terms.
1. PURPOSE
1.1 The purpose of the Bodygraph.com Virtual Assistance Program is to connect Bodygraph.com customers with certified Virtual Assistants who can provide integration, setup, technical, administrative, and other agreed support services relating to Bodygraph.com systems and associated business tools.
1.2 These Terms establish the responsibilities of Bodygraph.com, participating Virtual Assistants, and Customers.
2. ROLE OF BODYGRAPH.COM
2.1 Bodygraph.com facilitates introductions between Customers and certified Virtual Assistants through its Virtual Assistant Directory and related communications.
2.2 Virtual Assistants are independent service providers. They are not employees, agents, representatives, partners, or subcontractors of Bodygraph.com.
2.3 Bodygraph.com does not directly manage, supervise, or control the manner in which a VA performs services for a Customer.
2.4 Unless expressly stated otherwise, any service agreement is entered into directly between the Customer and the VA.
2.5 Bodygraph.com does not guarantee:
- that a VA will receive any particular number of customers or enquiries;
- that a Customer will engage a particular VA;
- the outcome or success of any service;
- specific completion times;
- the suitability of a VA for a particular Customer or project; or
- any particular financial or business result arising from VA services.
2.6 Bodygraph.com reserves the right to establish, review, amend, or update at any time the certification requirements, service standards, Directory rules, pricing guidelines or requirements, and standards of conduct applicable to Virtual Assistants participating in the program.
3. VA CERTIFICATION AND DIRECTORY LISTING
3.1 A Virtual Assistant participating in the Bodygraph.com Certified Virtual Assistant Program agrees to complete the applicable Bodygraph.com Virtual Assistant Certification Program
3.2 The certification and directory membership fee is $997 USD per year, unless a different amount is stated at the time of purchase.
3.3 Upon successful certification and while the VA remains eligible under these Terms, the VA may be listed in the Bodygraph.com Virtual Assistant Directory and may be featured through Bodygraph.com email communications, social media channels, website content, or other promotional activity.
3.4 The certification fee is non-refundable after 14 days from the date of payment, subject to any mandatory rights that may apply under applicable law.
3.5 Directory participation does not guarantee enquiries, customers, income, business growth, or any particular level of success.
3.6 Results depend on factors including Customer choice, market demand, the VA’s skills, availability, communication, pricing, reputation, and individual business activity.
3.7 Participation in the Bodygraph.com Certified Virtual Assistant Program is available only when Virtual Assistant positions are officially open. Certification is not available upon request, and applicants may enroll in the applicable Bodygraph.com Virtual Assistant Certification Program only during designated recruitment or enrolment periods.
4. VA INDEPENDENT CONTRACTOR STATUS
4.1 Every VA operates as an independent contractor and independent business.
4.2 The VA is responsible for their own:
- taxes;
- insurance;
- business registrations;
- licences where required;
- accounting;
- terms and conditions;
- privacy policies;
- regulatory compliance; and
- compliance with applicable laws in the jurisdiction in which they operate.
4.3 Nothing in these Terms creates an employment, agency, partnership, joint venture, franchise, fiduciary, or similar relationship between Bodygraph.com and a VA.
4.4 The VA has no authority to enter into agreements, make commitments, issue guarantees, or incur liabilities on behalf of Bodygraph.com.
5. SERVICE AGREEMENTS BETWEEN VA AND CUSTOMER
5.1 Before services begin, the VA and Customer should clearly agree on the scope of work, deliverables, pricing, expected completion timeframe, required Customer cooperation, revision arrangements, payment terms, cancellation terms, and any other material service conditions.
5.2 Where the VA provides their own terms and conditions, service agreement, proposal, invoice terms, or similar contractual documentation, the Customer is responsible for reviewing those terms before placing an order or making payment.
5.3 The VA is responsible for ensuring that their individual service terms are clear, lawful, and consistent with these Terms.
5.4 Bodygraph.com is not responsible for terms, warranties, refund policies, cancellation policies, payment arrangements, or other conditions independently established between a VA and Customer.
5.5 In the event of any inconsistency between a VA’s individual service terms and the rules governing participation in the Bodygraph.com VA Program, Bodygraph.com may determine whether the VA remains eligible for certification or directory listing.
6. PRICING AND PAYMENTS
6.1 Where Bodygraph.com maintains an applicable VA Price Agreement, participating VAs must comply with that agreement.
6.2 A VA must not charge a Customer more than any maximum or fixed pricing established under the applicable Bodygraph.com VA Price List present at the directory listing.
6.3 Any services outside the applicable Price Agreement should be clearly discussed and agreed between the VA and Customer before work begins.
6.4 Bodygraph.com does not process payments on behalf of VAs unless expressly stated otherwise for a particular service.
6.5 Bodygraph.com does not take a commission from payments made directly between a Customer and VA.
6.6 The VA is responsible for invoicing, payment collection, payment records, tax obligations, refunds, and other financial arrangements relating to their own services.
6.7 Any payment dispute relating to services purchased directly from a VA must ordinarily be resolved between the Customer and VA.
7. VIRTUAL ASSISTANT RESPONSIBILITIES
7.1 A VA participating in the Bodygraph.com program must provide services professionally, honestly, and in good faith.
7.2 The VA agrees to:
- provide the services that were agreed with the Customer;
- complete agreed tasks within the agreed timeframe where reasonably possible;
- notify the Customer promptly if delays or problems arise;
- communicate clearly and professionally;
- respond to reasonable Customer enquiries within an appropriate timeframe;
- accurately represent their skills, experience, availability, and capabilities;
- avoid making misleading claims or guarantees;
- follow agreed instructions and project requirements;
- take reasonable care when accessing or modifying Customer systems;
- review their work before delivery;
- correct errors that are reasonably attributable to their work;
- maintain appropriate records relating to agreed services where necessary; and
- comply with applicable Bodygraph.com service standards and program policies.
7.3 The VA must not accept work that they know, or reasonably should know, they are not qualified or able to perform unless the Customer has been clearly informed of the relevant limitations.
7.4 If the scope of work changes materially, the VA should obtain the Customer’s agreement before undertaking additional chargeable work.
7.5 The VA must not deliberately interfere with, damage, disable, misuse, or compromise a Customer’s website, account, integrations, data, automations, software, or other digital assets.
7.6 The VA must take reasonable steps to protect login credentials and other access information supplied by a Customer.
7.7 Where practical, the VA should request only the level of system access reasonably required to perform the agreed service.
8. SERVICE QUALITY AND CUSTOMER CONCERNS
8.1 VAs are expected to provide services with reasonable care, skill, professionalism, and attention.
8.2 Where a Customer identifies a genuine error relating to work performed by the VA, the VA should make reasonable efforts to investigate and, where appropriate, correct that error.
8.3 A requirement to address an error does not automatically require a VA to perform additional work outside the original agreed scope without payment.
8.4 Customers should communicate concerns promptly and provide the VA with sufficient information and reasonable opportunity to investigate or resolve the matter.
8.5 Bodygraph.com may review complaints concerning certified VAs for the purpose of maintaining the quality and integrity of its VA Program.
8.6 Bodygraph.com’s review of a complaint does not mean that Bodygraph.com becomes a party to the Customer-VA service agreement or assumes responsibility for resolving private contractual or payment disputes.
9. CUSTOMER RESPONSIBILITIES
9.1 Customers must treat VAs with professionalism, courtesy, and respect.
9.2 Customers must provide accurate and reasonably complete information required for the VA to perform the agreed services.
9.3 Customers are responsible for providing required materials, content, instructions, approvals, login access, permissions, and feedback within reasonable timeframes.
9.4 A VA is not responsible for delays caused by missing Customer information, delayed approvals, unavailable access, third-party service outages, or other circumstances outside the VA’s reasonable control.
9.5 Customers are responsible for reviewing service details, scope, pricing, payment terms, and any VA-specific terms before placing an order.
9.6 Customers must pay agreed charges in accordance with the payment terms established with the VA.
9.7 Customers must not request a VA to engage in unlawful, deceptive, abusive, infringing, fraudulent, or otherwise prohibited activity.
9.8 Customers remain responsible for reviewing and approving changes made to their business systems, websites, communications, automations, products, reports, or other materials before using them publicly or commercially where such review is reasonably expected.
9.9 Unless expressly agreed otherwise, Customers are responsible for maintaining appropriate backups of important websites, data, files, configurations, and business information before significant technical changes are undertaken.
10. CUSTOMER CODE OF CONDUCT
10.1 Customers must not engage in abusive, threatening, discriminatory, harassing, intimidating, or otherwise inappropriate behaviour towards a VA.
10.2 Bodygraph.com reserves the right to restrict or remove a Customer’s access to the VA Directory or other Bodygraph.com services where serious or repeated misconduct occurs.
10.3 Where permitted under the applicable Bodygraph.com subscription terms and applicable law, serious violations may result in suspension or termination of the Customer’s Bodygraph.com account.
11. VA CODE OF CONDUCT
11.1 VAs must treat Customers professionally and respectfully.
11.2 A VA must not engage in:
- fraud or deliberate deception;
- misleading representations;
- harassment or discrimination;
- unauthorised use of Customer data;
- theft or misuse of Customer content;
- deliberate damage to Customer systems;
- dishonest billing practices;
- misuse of Bodygraph.com’s name or branding; or
- conduct that could reasonably cause material harm to Customers or the reputation of the Bodygraph.com VA Program.
11.3 A VA must not represent themselves as an employee and/or partner of Bodygraph.com.
11.4 A VA may describe themselves as a “Bodygraph.com Certified Virtual Assistant” only while their certification and directory status remain valid.
12. CONFIDENTIALITY AND CUSTOMER DATA
12.1 VAs must treat Customer information, business information, account access, files, systems, content, and other non-public information as confidential.
12.2 Customer information may only be accessed and used to the extent reasonably necessary to perform the agreed services.
12.3 A VA must not, without appropriate permission:
- copy;
- reproduce;
- publish;
- distribute;
- sell;
- commercially exploit;
- retain unnecessarily; or
- use for their own purposes
any Customer content, files, reports, data, business information, or intellectual property.
12.4 A VA must not share Customer login credentials or confidential information with unauthorised third parties.
12.5 Upon completion or termination of services, the VA should delete or return Customer confidential information where reasonably required, except where retention is legally required or reasonably necessary for legitimate business records.
12.6 Any serious misuse of Customer data or content may result in immediate removal from the Bodygraph.com Virtual Assistant Directory and may result in further legal action where appropriate.
12.7 Customers must also respect confidential or proprietary Bodygraph.com information made available to them through VA services.
12.8 Customers must not misuse, reproduce, distribute, disclose, reverse engineer, or otherwise exploit Bodygraph.com’s confidential systems, proprietary tools, materials, or intellectual property except as expressly permitted.
13. INTELLECTUAL PROPERTY
13.1 Ownership of work created specifically by a VA for a Customer should be determined by the service terms agreed between the VA and Customer.
13.2 Unless expressly transferred or licensed, neither party acquires ownership of the other party’s pre-existing intellectual property.
13.3 Bodygraph.com retains all rights in its trademarks, software, systems, interfaces, documentation, materials, branding, training resources, and other intellectual property.
13.4 Participation in the VA Program does not transfer any ownership interest in Bodygraph.com intellectual property to the VA or Customer.
14. THIRD-PARTY SERVICES
14.1 VA services may involve third-party platforms, software, hosting providers, APIs, integrations, payment processors, email providers, automation systems, or other services that are not controlled by Bodygraph.com or the VA.
14.2 Neither Bodygraph.com nor a VA can guarantee the continuous availability, functionality, pricing, policies, compatibility, or performance of independent third-party services.
14.3 Customers remain responsible for any third-party accounts, subscriptions, fees, licences, and terms associated with services they choose to use unless otherwise expressly agreed.
15. COMPLAINTS AND DISPUTES
15.1 Customers should first raise service concerns directly with the relevant VA and provide a reasonable opportunity for the issue to be addressed.
15.2 VAs should make reasonable efforts to communicate with the Customer and resolve legitimate concerns professionally.
15.3 Payment, refund, scope, delivery, and contractual disputes concerning services purchased directly from a VA remain primarily matters between the Customer and VA.
15.4 A Customer may report serious conduct concerns regarding a certified VA to Bodygraph.com.
15.5 Bodygraph.com may investigate complaints for the purpose of determining whether the VA continues to meet certification and directory standards.
15.6 Bodygraph.com is not required to act as an arbitrator, mediator, debt collector, refund provider, or legal representative for either the Customer or VA.
16. SUSPENSION AND TERMINATION OF VA DIRECTORY STATUS
16.1 Bodygraph.com may suspend or revoke a VA’s certification or remove the VA from the Directory where the VA:
- materially breaches these Terms;
- fails to comply with applicable program policies;
- repeatedly fails to meet reasonable service standards;
- receives multiple substantiated or unresolved Customer complaints;
- engages in unethical, fraudulent, misleading, or abusive practices;
- seriously misuses Customer information;
- misrepresents their relationship with Bodygraph.com; or
- engages in conduct that Bodygraph.com reasonably considers harmful to Customers or the integrity of the VA Program.
16.2 Depending on the circumstances, Bodygraph.com may provide the VA with an opportunity to respond to a complaint or correct a breach before removal.
16.3 Serious misconduct may result in immediate suspension or removal.
16.4 Where certification or directory status is revoked due to breach or misconduct, certification fees are non-refundable except where otherwise required by law.
16.5 A VA may end participation in the program by providing 30 days’ written notice.
16.6 Voluntary cancellation does not entitle the VA to a refund of certification fees already paid, except where mandatory law provides otherwise.
17. BODYGRAPH.COM LIABILITY
17.1 Bodygraph.com is not responsible for the independent actions, omissions, representations, advice, services, errors, or contractual obligations of a VA.
17.2 Bodygraph.com is not liable for losses, delays, disputes, or damages arising directly from services independently contracted between a Customer and VA, except to the extent that liability cannot lawfully be excluded.
17.3 Bodygraph.com does not guarantee the suitability, outcome, timeliness, profitability, or quality of any particular VA engagement.
17.4 Nothing in these Terms excludes or limits liability where such liability cannot legally be excluded or limited.
18. VA LIABILITY AND INDEMNIFICATION
18.1 The VA remains responsible for their own services, business conduct, contractual commitments, and dealings with Customers.
18.2 To the extent permitted by law, the VA agrees to indemnify and hold Bodygraph.com harmless against claims, liabilities, losses, damages, or reasonable costs arising from:
- the VA’s breach of these Terms;
- unlawful conduct by the VA;
- misuse of Customer information;
- infringement of third-party rights by the VA; or
- services or representations independently provided by the VA to Customers.
19. CUSTOMER LIABILITY
19.1 Customers remain responsible for instructions, materials, information, content, account permissions, and business decisions supplied or approved by them.
19.2 The Customer is responsible for ensuring that they have the necessary rights and permissions to provide any content, data, images, software access, or other materials to the VA.
19.3 Neither the VA nor Bodygraph.com is responsible for problems resulting from inaccurate, incomplete, unlawful, or unauthorised materials supplied by the Customer, except where responsibility otherwise arises under applicable law.
20. POLICY UPDATES
20.1 Bodygraph.com may update these Terms periodically to reflect changes to its services, technology, operational practices, program requirements, or legal obligations.
20.2 Updated Terms will be published on the relevant Bodygraph.com legal or policy page.
20.3 Continued participation in the VA Program or continued use of Virtual Assistance services after updated Terms take effect constitutes acceptance of the revised Terms, subject to any rights available under applicable law.
20.4 Where a material change directly affects an existing paid certification period or materially alters a party’s contractual obligations, Bodygraph.com may provide additional notice where appropriate.
21. GOVERNING LAW AND JURISDICTION
21.1 These Terms shall be governed by and construed in accordance with the applicable laws of the United Kingdom, subject to any mandatory legal rights that may apply.
21.2 Any dispute concerning Bodygraph.com’s own rights or obligations under these Terms shall be subject to the jurisdiction of the competent courts applicable to Human Design Technologies LTD, except where applicable consumer law requires otherwise.
21.3 Nothing in these Terms removes any mandatory rights or protections that a Customer may have under applicable consumer law.
22. SEVERABILITY
22.1 If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
23. NO WAIVER
23.1 A failure by Bodygraph.com to enforce any provision of these Terms does not constitute a waiver of that provision or of the right to enforce it later.
24. ACCEPTANCE
24.1 By subscribing to, participating in, or remaining listed in the Bodygraph.com Virtual Assistance Directory Program, the Virtual Assistant acknowledges and agrees to be bound by these Terms.
24.2 By contacting, engaging, ordering from, or using services provided by a Bodygraph.com-certified Virtual Assistant through the Bodygraph.com Virtual Assistance Program, the Customer acknowledges and agrees to the provisions of these Terms that apply to Customers.
24.3 Virtual Assistants and Customers are also subject to Bodygraph.com’s General Terms and Conditions and Privacy Policy where applicable: