These Terms of Service (“Terms”, “Agreement”) govern your access to and use of the website located at https://increstva.com (the “Website”) and any virtual assistant, administrative, operational, technical, or specialized business support services (the “Services”) provided by InCrest Virtual Assistant (“InCrest VA”, “Company”, “we”, “our”, or “us”).

By accessing our Website, submitting an inquiry, purchasing a service plan, or contracting our Services, you (“Client”, “User”, “you”) agree to be bound by these Terms. If you do not agree to these Terms, you must not access our Website or use our Services.

PART I: WEBSITE Terms of Services (VISITORS)

1. Permitted Use & Conduct

You agree to use the Website solely for lawful business purposes in compliance with these Terms and all applicable local, national, and international laws.

You agree not to:

• Interfere with, disrupt, intercept, or compromise the integrity, security, or performance of the Website, servers, or connected networks.
• Use automated bots, spiders, scrapers, crawlers, or similar automated data-gathering tools to extract data, code, or content from the Website without prior written authorization.
• Upload, transmit, or distribute any computer viruses, worms, Trojan horses, or malicious code designed to harm or gain unauthorized access to software or hardware.
• Attempt to circumvent, disable, or tamper with security-related features of the Website or any user authentication mechanisms.

2. Intellectual Property of Website Assets

All content on this Website—including, without limitation, all copy, text, custom graphics, logos, brand marks, icons, visual interfaces, page designs, layout schemes, audio/video materials, and underlying source code—is the proprietary property of InCrest VA or its licensors and is protected by copyright, trademark, and intellectual property laws. You may not copy, reproduce, republish, distribute, sell, license, or modify any Website content without our express prior written permission.

3. Website Accuracy & Third-Party Links

While we endeavor to maintain accurate and updated information regarding our services, workflows, and capabilities, we make no guarantees that all website content, case studies, or blog publications are complete, error-free, or current. We reserve the right to update, modify, or remove website content at our sole discretion without notice.

Our Website may contain links to external third-party websites or services (e.g., payment gateways, scheduling platforms, social networks, external SaaS tools). InCrest VA does not control, endorse, or assume legal responsibility for the content, privacy practices, terms, or availability of third-party platforms.

4. Website Disclaimer & Limitation of Liability

The Website and its contents are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise. We do not warrant that access to the Website will be continuous, uninterrupted, error-free, secure, or free from harmful components.

To the fullest extent permitted by applicable law, InCrest VA shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your inability to access or rely upon the public Website.

PART II: SERVICE & CLIENT ENGAGEMENT AGREEMENT (CLIENTS)

5. Independent Contractor Relationship

InCrest VA acts strictly as an independent contractor. Nothing contained in this Agreement shall be construed to create an employer-employee relationship, agency, partnership, or joint venture between the Client and InCrest VA, or between the Client and any virtual assistant, operational specialist, or contractor (“Personnel”) assigned to the Client.

InCrest VA retains full managerial discretion over how tasks are allocated internally and reserves the right to assign, reassign, or substitute Personnel to ensure operational continuity, coverage, and specialized skill matching.

Non-Exclusivity: InCrest VA retains the unrestricted right to provide virtual assistant, administrative, and operational services to other individuals, companies, and direct competitors.

6. Scope of Services & Fair Use Policy

Authorized Services: InCrest VA provides dedicated, semi-dedicated, or fractional virtual assistant services including, but not limited to, executive administration, calendar and schedule management, email/inbox triage, data entry, research, customer service coordination, social media coordination, and basic technical tasks.

Prohibited Tasks: Under no circumstances will InCrest VA perform tasks requiring formal professional licensing (such as certified legal advice, certified tax filings, formal financial planning, or medical triage) or any activity that is fraudulent, defamatory, discriminatory, or in violation of applicable laws or third-party platform terms of service.

Fair Use & Capacity Allocation: For recurring or dedicated plans, tasks are handled and executed sequentially during standard operational working hours. While we make every reasonable effort to accommodate urgent requests, tasks must align with realistic execution timelines. InCrest VA reserves the right to adjust delivery schedules for sudden batch or bulk task submissions.

7. Communication, Working Hours & Turnaround

Standard Operational Hours: Standard operations are conducted during agreed business hours communicated during onboarding (excluding recognized public holidays). Any work requested outside agreed operating hours or over weekends must be agreed upon in writing.

Task Submission Channels: All official instructions, task briefs, and file assets must be submitted through designated channels (such as our official project management workspace, designated email thread, or authorized communication channel). InCrest VA is not responsible for missed verbal or unofficial instructions provided outside these channels.

Turnaround Estimates: Standard administrative tasks generally carry an estimated turnaround of 24 to 48 business hours following receipt of clear instructions and required assets. Complex, multipart, or creative projects will receive custom milestone timelines.

8. Billing, Retainers, Taxes & Payments

8.1 Prepaid Retainer Model: All recurring virtual assistant plans and hourly packages are billed in advance on a recurring monthly or prepaid cycle. Work commences only upon receipt of cleared funds.

8.2 Hour Usage & Rollover Policy: Allocated monthly hours must be consumed within the active billing cycle. Unused hours do not roll over to subsequent billing months and expire at the conclusion of each billing period, as dedicated staffing capacity is reserved for your account.

8.3 Late Payments & Suspension: Invoices past due by more than three (3) business days may result in an immediate suspension of Services, task freezes, and withholding of work product until the account balance is settled.

8.4 Refund Policy: Due to the custom labor allocation and reserved personnel capacity, all retainer fees, subscription charges, and prepaid hour blocks are strictly non-refundable once the billing cycle has commenced.

8.5 Taxes & Withholdings: All fees quoted by InCrest VA are exclusive of applicable taxes, levies, or duties. The Client is solely responsible for paying all sales, use, value-added, or transactional taxes assessed by any governmental authority in connection with their purchase of Services. All payments shall be made in full without deduction or withholding. If the Client is required by local law or tax authorities to withhold any amount, the Client shall gross up the payment so that InCrest VA receives the full invoiced amount.

8.6 Foreign Contractor & Tax Status: The Client acknowledges that InCrest Virtual Assistant is a non-US foreign entity operating outside the United States, with all operational and digital services performed offshore. Upon request, InCrest VA will provide an applicable IRS Form W-8BEN-E (or Form W-8BEN) certifying its foreign entity status for US tax reporting purposes. The US address displayed on our Website and communications is maintained solely as an administrative mailing facility for postal correspondence and does not constitute a permanent establishment or tax presence within the United States.

9. Client Responsibilities & Software Access

Instructions & Approvals: The Client is responsible for providing clear, actionable task instructions, necessary reference files, and timely feedback or approvals. InCrest VA is not responsible for project delays caused by unresponsive client communications.

Software Licenses & Third-Party Costs: The Client must provide valid user seats, software licenses, and access credentials for any third-party tools, CRM platforms, or cloud software required to perform the requested tasks.

Credential Security: The Client agrees to transmit access credentials exclusively via secure, encrypted password managers (such as 1Password or Bitwarden). The Client is solely responsible for revoking access credentials promptly upon project completion or agreement termination.

10. Confidentiality & Data Security

Definition: “Confidential Information” encompasses all non-public proprietary business data, customer records, marketing strategies, logins, financial figures, and communications shared by the Client with InCrest VA.

Obligation: InCrest VA agrees to exercise commercially reasonable standards of care to safeguard Client Confidential Information, restricting access solely to Personnel directly assigned to the Client’s account.

Return of Data: Upon written request or termination of Services, InCrest VA will promptly delete, revoke, or return all client-owned records, files, and credentials, subject to standard archival and statutory recordkeeping obligations.

11. Work Product & Intellectual Property Ownership

Client Deliverables: Subject to full, final payment of all outstanding invoices, the Client owns all worldwide right, title, and interest (including copyright) in the custom end deliverables created specifically for the Client by InCrest VA (e.g., custom spreadsheets, written copy, processed graphics, client reports).

Pre-Existing Agency Materials: InCrest VA retains sole and exclusive ownership of its pre-existing templates, operational workflows, proprietary internal training materials, scripts, and software tools utilized during service delivery.

12. Non-Solicitation of Personnel & Placement Buyout

Non-Solicitation Covenant: During the active engagement and for a period of twenty-four (24) months following the termination of this Agreement for any reason (the “Restricted Period”), the Client agrees not to directly or indirectly solicit, recruit, hire, contract, or engage any Personnel of InCrest VA who performed services for, or was introduced to, the Client.

Authorized Buyout: If the Client desires to hire or engage an InCrest VA Personnel directly, the Client must provide thirty (30) days’ written notice and pay a non-refundable Placement / Buyout Fee of USD $10,000 (or six (6) months of the average monthly billing amount, whichever is greater) prior to any direct hire.

Liquidated Damages: If the Client engages or employs an InCrest VA Personnel without written consent and payment of the Placement Fee, the Client agrees to pay InCrest VA liquidated damages in the amount of USD $15,000 (or twelve (12) months of billings at the Personnel’s regular billable rate, whichever is greater). The Client acknowledges that this sum represents a reasonable pre-estimate of InCrest VA’s recruitment costs, operational disruptions, and lost investment.

13. Limitation of Liability & Indemnification

Cap on Liability: To the maximum extent permitted by law, InCrest VA’s total cumulative liability arising out of or related to this Agreement or the Services provided shall not exceed the total fees actually paid by the Client to InCrest VA in the one (1) month immediately preceding the event giving rise to the claim.

Exclusion of Consequential Damages: InCrest VA shall not be liable for any lost profits, lost revenue, lost data, loss of business goodwill, or indirect, punitive, or consequential damages arising from task delays, tool outages, or third-party platform changes.

Indemnification: The Client agrees to defend, indemnify, and hold harmless InCrest VA, its officers, employees, and subcontractors from and against any claims, losses, liabilities, or legal expenses resulting from the Client’s breach of these Terms, unauthorized instructions, or violation of third-party intellectual property or privacy rights.

14. Termination

Termination for Convenience: Either party may terminate an ongoing retainer by providing at least fourteen (14) days’ written notice prior to the start of the next billing cycle.

Termination for Cause: InCrest VA may immediately terminate or suspend Services without notice if the Client engages in abusive behavior toward Personnel, requests illegal or unethical tasks, or fails to pay invoices on time.

15. Governing Law & Dispute Resolution

15.1 Governing Law: These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the substantive laws of India, without regard to conflict of law principles.

15.2 Informal Resolution: In the event of any controversy, claim, or dispute arising out of or relating to these Terms, the parties agree to first attempt in good faith to resolve the matter through direct, informal negotiations for a period of thirty (30) days following written notice of the dispute.

15.3 Exclusive Jurisdiction: If the dispute is not resolved through informal negotiations within the thirty (30) day window, the parties irrevocably agree that the competent courts located in Chennai, Tamil Nadu, India shall have exclusive jurisdiction to settle any dispute, controversy, or claim arising out of or in connection with these Terms or the provision of Services.

16. Changes to These Terms

We reserve the right to modify or update these Terms at any time. When updates are published, the revised version will be posted on this page with an updated “Last Updated” date. Continued use of our Website or Services after any changes constitutes acceptance of the revised Terms.

17. Contact Information & Legal Notices

For questions regarding these Terms, billing inquiries, or legal notices, please contact:

InCrest Virtual Assistant
Email: contact@increstva.com
US Administrative Mailing Address: 1000 N West Street, Wilmington, DE 19801, United States
Operational Base: Chennai, Tamil Nadu, India

These Terms are provided for general informational and contractual purposes and do not constitute legal advice.