Terms and Conditions

This is an agreement between
You, the “Client” / the “User” / the “Podcaster”,
and
Ernie Ladores / 
www.podcastva.ernieladores.com, “the Podcast VA

 

Welcome! www.podcastva.ernieladores.com (the “Site”) is owned and operated by the Podcast VA. By using the Site, you agree to be bound by these Terms and Conditions and to use the Site in accordance with these Terms and Conditions, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site
or to services available through the Site or from Ernie Ladores.


We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

The Podcast VA respects your privacy and permits you to control the treatment of your personal information. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

These terms are governed by the international law. Any contract for the purchase of services from this site and any dispute or claim arising out of or in connection with any such contract will be governed by the international law.

To access certain features of the Site, we may ask you to provide certain information such as name and e-mail address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Podcast VA is not responsible for third party access to your account that results from theft or misappropriation of your account.

If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site.

By uploading, downloading, displaying, performing, transmitting, or otherwise distributing information or other content to the Site, you are granting the Podcast VA and its associates a license to use, copy, edit your content or as we have agreed upon.

And by uploading content to the website, you warrant that you own the rights to the content or authorised to post, display, transmit the content. You agree not to post, display, perform, transmit any content that are libelous, defamatory, obscene, pornographic, abusive, or threatening; advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation.

The Podcast VA reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers.

You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access; attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorisation; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Podcast VA in providing the Site or Service. indemnify

The information, software, products, and services included in or available through the site may include inaccuracies. This site is continually under development and the Podcast VA makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. The Podcast VA may make improvements and/or changes in the site at any time.

To the maximum extent permitted by applicable law, in no event shall the Podcast VA be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Podcast VA has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

SERVICES

The Services that the Podcast VA offers are all indicated on this Site.


DEFINITION & CONDITIONS

Subscription terms can be in monthly and bi-annual basis. They are in recurring subscription which means that the Podcaster will automatically be billed based on the chosen term. If the payment has been declined for reasons of faulty payment system such as the account used for payment has been closed or there was insufficient balance, the subscription shall be deemed terminated and the service will be discontinued, otherwise the Podcaster shall go through the payment process again.

Package is the monthly recurring service that the Podcaster avails. We offer Standard, Plus and VIP Packages. VIP Package is the complete package. Each can be customized by choosing your preferred allocated minutes and any add on services. One-off service package for new podcasters is also available.

Allocated minute/s means the number of minutes per raw audio that the Podcaster sends to the Podcast VA (e.g. if the first week audio sent is 23 minutes and the second week audio sent is 30 minutes, it means that 53 minutes of allocation has already been used). This means that if the audio needs editing which is technically a long audio, it consumes a lot of allocated minutes. Please note that unused allocated minutes cannot be carried over to next month. If the Podcaster needed more minutes, the Podcaster could get Add-on minutes. The Podcast VA has the right to refuse the episode tasks if the available allocated minutes is not enough, otherwise the Podcaster is bound to avail the Add-on minutes.

No. of episodes per month means the sum of episodes allowed for each month (e.g. if the Podcaster avails the Standard package, the Podcaster can launch 3~4 episodes a month and the Podcast VA should do the tasks for a maximum of 4 episodes in that month). The Podcast VA has the right to refuse the episode tasks for the additional episode if the Podcaster’s allotted number of episodes are all used up even though they still have unused allocated minutes. If the Podcaster had unused allocated minutes and wanted to launch additional episode for that month, the Podcaster should buy Add-on No. of Podcast Episodes.

Id3 Tags are the information that will be embedded on the final audio output. All the information should be given by the Podcaster.

Static Audiogram is a shareable video consisting of a static background, an audio waveform, transcribed captions, and an audio voiceover. The Podcast VA shall provide the audiogram snippets to the Podcaster and the latter will choose their preference. Once confirmed, the Podcast VA then shall embed the subtitle for the chosen audiograms then send the final output to the Podcaster for them to post on their social media. If the Social Media posting is availed, the Podcast VA shall be the one to post on the social media platforms of the Podcaster. Still, the Podcaster can access the audiograms (both the snippet and the final output) on their OneDrive Folder.

Podcast Planner, Podcast Monitoring Sheet and Social Media Marketing Sheet are all in Google Sheet forms as it is the most convenient way of collaborating online. Copies of which will also be posted on the Site. The Podcaster needs to register / sign up to see them on their respective account tab. Social Media Marketing Sheet is only given to those who availed the Social Media Posting service.

OneDrive Folder means a folder in OneDrive shared to the Podcaster. All the files including the audio, snippets, audiogram, etc. will be saved on that Folder. The Podcaster will be able to access the Folder but in order to be able to edit the files, the Podcaster should have a Microsoft account.  For best experience, the Podcast VA recommends the Podcaster to download and use laptop / desktop OneDrive app or mobile OneDrive app.

Light audio editing is a service we offer in which the Podcaster provides the Podcast VA a raw audio file and the Podcast VA shall edit it to create the final audio output.  Since it is light editing, it only includes embedding of template intro & outro (which the Podcaster should provide), removal of dead air / unclear speech / parts requested by the Podcaster & shall be provided with timestamp at the end of the audio. Podcaster with Plus or VIP Package can choose to avail this type of service if they prefer to.

Social media posting is a marketing service provided by the Podcast VA. The Podcast VA shall post approved marketing campaigns on the Podcaster’s social media platforms. The Podcast VA only posts on 3 Social Networking Sites in which the Podcaster can choose from: Facebook Group, Facebook Page, Instagram and LinkedIn (e.g. the Podcaster can choose 2 different Facebook Groups they own and LinkedIn account, and those will be counted as 3 Social Networking Sites). This service only covers 3 posts a week. The content and days will be discussed during the online meeting with the Podcast VA.

Add-on Services are the services available as add-on on top of the basic package availed. If the Podcaster would need additional minutes or number of episodes per month, they can get them by clicking the Get Add-on Service/s button. If the Podcaster would like to add another online session with the Podcast VA, they can also buy it through the Add-on service button. Also, if the Podcaster would like to avail the social media posting service for a specific month, they can also see it on the options. Note that the Add-on Services are only applicable for the month mentioned on the order form and any unused or unconsumed service items cannot be carried over to the next month.

PAYMENT SYSTEM

Payments are made through PayPal integration and is very secured. Podcasters can pay for the package and add-on services via PayPal or any major credit card. Tax according to the client’s location is excluded from the package as it differs across countries. PayPal automatically regulates the tax.

CANCELLATION

Online meeting already set can be cancelled by contacting the Podcast VA. Notice must be at least 12 hours before the scheduled meeting. Failure to notify ahead would be tagged as consumed session. Moreover, all the service packages can be cancelled anytime, just contact us:

You agree to indemnify, defend, and hold harmless the Podcast VA, its affiliates, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

The Podcast VA welcomes your questions or comments regarding the Terms: