Acceptance of Terms
These Terms & Conditions ("Terms") govern the use of services provided by Virtual Benefits, Inc. ("Virtual Benefits," "Company," "we," "our," or "us").
By purchasing, subscribing to, accessing, or using any services, software, websites, systems, applications, marketing services, or digital products provided by Virtual Benefits, the client ("Client," "you," or "your") agrees to be legally bound by these Terms.
If you do not agree with these Terms, you may not use our services.
Services
Virtual Benefits provides professional technology and digital business services including, but not limited to:
- Custom software development
- Website design and development
- CRM setup and automation
- Digital marketing services
- Software subscriptions
- Hosting and maintenance services
- Consulting and implementation services
- API and third-party integrations
- Funnel and sales page development
- Communication systems
- Email and SMS automation
- Branding and digital infrastructure
Services may be provided through:
- fixed-price project bids
- recurring subscriptions
- hourly billing
- custom agreements
- usage-based billing
- monthly retainers
Estimates, Proposals & Project Bids
Any estimate, quote, proposal, project bid, or timeline provided by Virtual Benefits is based on the information available at the time of preparation.
Project pricing is based upon the agreed scope of work.
Any work requested outside the original scope may require additional fees and timeline adjustments.
Unless otherwise stated in writing:
- estimates are non-binding
- timelines are approximate
- delivery dates are not guaranteed
- pricing may change if scope changes
Change Orders & Scope Changes
Any modification, addition, revision, enhancement, or expansion of project scope requested by the Client after project approval constitutes a Change Order.
Virtual Benefits reserves the right to:
- revise pricing
- extend timelines
- pause work until approval
- require written authorization before continuing
Scope changes may include but are not limited to:
- additional pages
- additional integrations
- redesign requests
- functionality changes
- additional revisions
- content rewrites
- feature requests
- new automation workflows
Virtual Benefits is not obligated to perform work outside the agreed scope without written approval.
Subscription Billing
Certain services are billed on a recurring subscription basis.
By subscribing, Client authorizes Virtual Benefits to automatically charge the selected payment method according to the agreed billing cycle.
Subscription billing may occur:
- monthly
- quarterly
- annually
- or according to custom agreement
Subscription fees are non-refundable unless otherwise stated in writing.
Failure to maintain valid payment information may result in service interruption or termination.
Bill-As-You-Go & Hourly Services
For hourly or usage-based services:
- Client agrees to pay for all time and services rendered
- billing may occur weekly, bi-weekly, monthly, or upon milestone completion
- all invoices are due upon receipt unless otherwise stated
Virtual Benefits reserves the right to suspend services for overdue balances.
Payment Terms
Client agrees to pay all fees, invoices, subscriptions, project balances, taxes, and service charges associated with services provided.
Unless otherwise stated:
- invoices are due immediately upon receipt
- late balances may incur fees or interest
- overdue accounts may be suspended without notice
Virtual Benefits reserves the right to:
- pause development
- disable services
- remove access
- withhold deliverables
- terminate agreements
until balances are paid in full.
Chargeback Protection
Client agrees not to initiate chargebacks, payment disputes, or payment reversals for valid charges related to services rendered, subscriptions, project work, consulting, development time, or agreed deliverables.
In the event of a chargeback attempt:
- all services may be immediately suspended
- all work may immediately stop
- account access may be revoked
- outstanding balances become immediately due
Client agrees that:
- written agreements
- invoices
- email approvals
- project communications
- submitted requests
- login activity
- service usage
- completed work
constitute valid evidence of authorization and delivery of services.
Client shall be responsible for all costs incurred by Virtual Benefits related to collection efforts, chargeback defense, legal fees, arbitration costs, and recovery expenses.
Cancellation Policy
All cancellations must be submitted:
- by email
- or in written form
Verbal cancellations are not valid.
Upon receipt of cancellation notice:
- all active work shall immediately stop
- development time shall cease
- project timelines shall terminate
- scheduled work may be removed from queue
- subscriptions may be terminated
- access to services may be suspended or revoked
Client remains responsible for payment for:
- all completed work
- work in progress
- approved milestones
- hours already incurred
- outstanding invoices
- non-refundable fees
Refund Policy
Unless otherwise stated in writing:
- subscription fees
- setup fees
- onboarding fees
- project deposits
- consulting fees
- implementation fees
- development fees
- marketing fees
- completed work
- partially completed work
- unused subscription periods
- client delays
- client non-responsiveness
- change of business direction
- dissatisfaction after approved work
Client Delays & Responsibilities
Client agrees to provide timely access to:
- content
- branding materials
- approvals
- credentials
- integrations
- hosting access
- required information
Virtual Benefits is not responsible for delays caused by:
- missing materials
- delayed approvals
- delayed communication
- third-party vendor issues
- hosting provider issues
- API limitations
- external platform changes
Project timelines may be extended accordingly.
Intellectual Property Ownership
Client retains ownership of materials provided by Client including:
- logos
- trademarks
- text
- images
- business information
- proprietary content
Virtual Benefits retains ownership of all proprietary systems, including:
- frameworks
- reusable code
- libraries
- templates
- methodologies
- automations
- backend systems
- workflows
- software architecture
- processes
- scripts
- tools
- strategies
- internal systems
regardless of whether incorporated into a Client project.
Upon full payment, Client shall own fully custom deliverables specifically developed for Client unless otherwise stated in writing.
Virtual Benefits retains ownership of all reusable or pre-existing intellectual property incorporated into any project.
Virtual Benefits grants Client a non-transferable license to use incorporated proprietary systems solely as part of the delivered solution.
Software License Terms
Any software, platform, automation system, dashboard, application, or subscription service provided by Virtual Benefits is licensed, not sold.
Client receives a limited, revocable, non-exclusive, non-transferable license to use the software according to the agreed service plan.
Client may not:
- copy
- resell
- reverse engineer
- distribute
- sublicense
- duplicate
- exploit
- modify
- decompile
any proprietary software or systems owned by Virtual Benefits.
Unauthorized use immediately terminates all licensing rights.
Third-Party Services
Virtual Benefits may integrate with third-party providers including but not limited to:
- Stripe
- Twilio
- AWS
- Cloudflare
- hosting companies
- CRM systems
- payment processors
- communication providers
- advertising platforms
Virtual Benefits is not liable for:
- outages
- downtime
- pricing changes
- suspended accounts
- policy changes
- third-party service failures
- data loss caused by third parties
Client is responsible for maintaining required third-party accounts unless otherwise agreed.
Marketing Disclaimer
Virtual Benefits does not guarantee:
- leads
- conversions
- sales
- rankings
- advertising performance
- revenue increases
- campaign outcomes
- search engine placement
Marketing performance depends upon numerous factors outside Company control.
Hosting & Service Availability
Virtual Benefits does not guarantee uninterrupted or error-free service availability.
Services may be temporarily interrupted due to:
- maintenance
- upgrades
- security measures
- third-party failures
- internet disruptions
- hosting issues
Virtual Benefits shall not be liable for downtime or interruptions.
Limitation of Liability
To the maximum extent permitted by law, Virtual Benefits shall not be liable for:
- indirect damages
- consequential damages
- lost profits
- lost revenue
- business interruption
- lost data
- reputational harm
- lost opportunities
Total liability shall not exceed the total amount paid by Client to Virtual Benefits during the previous ninety (90) days.
Indemnification
Client agrees to defend, indemnify, and hold harmless Virtual Benefits, Inc., its owners, employees, contractors, affiliates, and representatives from claims arising from:
- Client-provided content
- legal violations
- misuse of services
- intellectual property infringement
- unlawful marketing practices
- privacy violations
- unauthorized data collection
- Client business operations
Confidentiality
Both parties agree to maintain confidentiality regarding non-public business information disclosed during the business relationship.
Confidential information shall not include information that:
- becomes publicly available
- was previously known
- is independently developed
- is required to be disclosed by law
Termination
Virtual Benefits reserves the right to suspend or terminate services for:
- nonpayment
- abuse
- fraud
- policy violations
- unlawful activity
- harassment
- security concerns
- attempted chargebacks
Termination does not waive Client payment obligations.
Arbitration & Dispute Resolution
Any dispute arising out of or relating to these Terms or services provided by Virtual Benefits shall be resolved exclusively through binding arbitration in the State of Iowa.
The parties agree:
- arbitration shall be the exclusive dispute resolution process
- disputes shall not be brought before a jury
- both parties waive all rights to jury trial
- arbitration shall be conducted individually and not as a class action
The prevailing party shall be entitled to recover reasonable attorney fees and arbitration costs.
Governing Law
These Terms shall be governed by and interpreted under the laws of the State of Iowa, without regard to conflict of law principles.
Changes to Terms
Virtual Benefits reserves the right to modify these Terms at any time.
Updated Terms become effective upon posting.
Continued use of services constitutes acceptance of revised Terms.