Terms of Services
Effective Date : January 24, 2025
Virtual Assistance (VA) Services
- Introduction
These Terms of Services (“Terms”) govern the provision of Virtual Assistance (VA) Services by LoveWorks Staffing, LLC DBA WORKS™ (“WORKS™”) to its clients (“Company”) and form an integral part of any agreement executed between WORKS™ and the Company. By engaging in Virtual Assistance services, the Company acknowledges and agrees to these Terms, which operate in conjunction with the overarching Terms and Conditions, Governing Policies, and any other applicable policies.
- Engagement and Responsibilities
The Company hereby engages WORKS™ to provide dedicated professionals to perform the services specified in the Statement of Work (“SOW”) attached hereto and incorporated into these Terms. WORKS™ ensures that its professionals are adequately trained, qualified, and equipped to perform the specified services. WORKS™ and its dedicated professionals are independent contractors and not employees of the Company. The Company acknowledges that it does not have the authority to direct WORKS™ professionals in the manner an employer directs an employee. At no point shall the Company be considered the employer of record.
- Scope of Services
Virtual Assistance services provided by WORKS™ encompass a range of administrative and operational tasks designed to support the Company’s business activities. These tasks may include email and calendar management, data entry, customer service support, document preparation, and other administrative duties as outlined in the applicable SOW. The scope of services is tailored to meet the specific needs of the Company and is activated upon mutual execution of the relevant SOW. Any modifications to the agreed scope of services must be requested in writing and approved by both parties. WORKS™ reserves the right to review and adjust service scope to ensure efficient delivery and compliance with these Terms.
- Costs and Expenses
- Pass-Through Costs All costs associated with hiring, transferring, or terminating dedicated professionals will be passed through to the Company. These costs include, but are not limited to, employee payroll, employee total payroll tax, employer payroll tax, bonuses, government fees, severance pay, holiday pay, vacation pay, sick pay, and any and all termination fees. These costs will appear on invoices as a total under “Payroll Recovery.”
- Exchange Rate The exchange rate provided in this document is an estimate and not a guaranteed rate. The rate is based on the prevailing rate on or near the “Date from Completed” field. An Exchange Rate Lock Fee applies, which allows WORKS™ to honor the exchange rate from the invoice date to payroll processing. This fee does not guarantee the quoted exchange rate and is valid for 30 days from the invoice date.
- Works Admin Fee The Works Admin Fee represents gross revenue generated by WORKS™ from this engagement. This fee is used to operate WORKS™’s business and includes compensation for the services provided under these Terms.
- One-Time Setup Fee A one-time setup fee is applicable and includes, but is not limited to, costs associated with providing the new hire or transfer with onboarding or transfer training, systems, and equipment.
5. Company Responsibilities
The Company is responsible for providing accurate and complete instructions, materials, and access necessary for WORKS™ to perform the agreed-upon services. Any delays or errors arising from incomplete or inaccurate information provided by the Company are not the responsibility of WORKS™. Additionally, the Company agrees to maintain open and timely communication to facilitate the seamless execution of services.
- Service Delivery
All Virtual Assistance services are performed remotely by personnel designated by WORKS™. The Company acknowledges that the personnel assigned to provide services are employees or contractors of WORKS™ and are subject to its supervision, policies, and procedures. The Company shall not directly supervise, manage, or instruct WORKS™ personnel except through designated points of contact established in the SOW. WORKS™ ensures that its personnel are appropriately trained and qualified to perform the tasks outlined in the SOW but makes no guarantees regarding the completion of tasks outside the agreed-upon scope.
- Payment Terms
The Company agrees to pay for Virtual Assistance services in accordance with the payment terms set forth in the SOW and the Master Service Agreement (“MSA”). Payments are due within ten business days of receipt of an invoice, and any payments not made or received by the tenth calendar day of the month are subject to a late fee of five percent of the total invoice amount. Payments may be made via ACH, Wire, Zelle, Credit, Debit Card, or Check, and additional fees may apply for certain payment methods. All fees are non-refundable, and any disputes regarding invoices must be raised within five business days of receipt to be considered valid.
- Termination and Replacement of Dedicated Professionals1. Initial 30-Day Satisfaction Guarantee
If within 30 days of commencement of services the Company is not satisfied with the performance of the Dedicated Professional, the Company may request a switch, transfer, replacement, or termination of the Dedicated Professional at no additional cost. WORKS™ shall provide the replacement Dedicated Professional within 30 days of receiving the request. WORKS™ will comply with all applicable labor laws during this process. The 30-day satisfaction guarantee restarts from the date of hire of the new Dedicated Professional.
2. Post 30-Day Termination or Replacement
If the Dedicated Professional needs to be exchanged, transferred, or terminated after the initial 30 days, termination costs will apply. If the Dedicated Professional has fewer than three documented performance write-ups, the Company will be responsible for severance equal to three months’ gross monthly payroll plus associated fees. If the Dedicated Professional has three or more documented performance write-ups, the Company will be responsible for severance equal to one month’s gross monthly payroll plus associated fees. Associated fees include accrued bonuses, government fees, severance pay, and any other applicable costs.
Licensed NMLS 3rd Party Mortgage Processing Services
1. Introduction
These Terms of Services (“Terms”) govern the provision of Licensed NMLS 3rd Party Mortgage Processing Services by LoveWorks Staffing, LLC DBA WORKS™ (“WORKS™”), NMLS ID: 2418001, located at 5950 Hazeltine National Drive, Suites 210, Orlando, FL 32822, to its clients (“Company”). These Terms operate in conjunction with the overarching Terms and Conditions, Governing Policies, and any other applicable policies. By engaging in these services, the Company agrees to these Terms and accepts its obligations under applicable laws and regulations governing mortgage processing activities.
2. Engagement and Responsibilities
The Company engages WORKS™ to perform third-party mortgage processing services in compliance with all applicable state regulations and licensing requirements. WORKS™ ensures that all assigned personnel are duly licensed, trained, and qualified to process loans and perform other related tasks in adherence to NMLS guidelines. WORKS™ and its personnel act as independent contractors, and the Company acknowledges it has no authority to direct or control the activities of WORKS™ professionals beyond the agreed scope of services outlined in the executed Statement of Work (“SOW”).
3. Scope of Services
Licensed NMLS 3rd Party Mortgage Processing Services include, but are not limited to, document preparation, compliance checks, loan processing, communications with borrowers and lenders, and facilitation of necessary documentation submissions. The specific scope of services for each engagement will be outlined in the relevant SOW. Any modifications to the agreed scope must be requested in writing and approved by both parties. WORKS™ reserves the right to adjust the scope to ensure compliance with applicable licensing and regulatory requirements.
4. Costs and Fees
1. Service Fee
The fee for Licensed NMLS 3rd Party Mortgage Processing Services is $895 per loan file processed. The processing fee is owed at the time the Loan Estimate is sent out by the WORKS™ processing team. As a courtesy, WORKS™ will defer compensation until the loan closes and funds, and the processing fee will be charged to the borrower in Box B: Services Borrower Cannot Shop For on the Loan Estimate and Closing Disclosure, as well as under Loan Charges on the ALTA Settlement Statement. If the fee is not charged to or paid by the borrower at closing, the Company will remain responsible for the full processing fee. Invoices that include both Virtual Assistance services and Licensed NMLS 3rd Party Mortgage Processing Services are eligible for a $95 credit, which is applied up to the total administrative fee charged on that invoice. This credit is not transferable and cannot exceed the total administrative fee.
2. Exchange Rate Lock Fee
The Exchange Rate Lock Fee is 100% the responsibility of the Company. This fee allows WORKS™ to stabilize the exchange rate from the invoice submission date to payroll processing. While this fee ensures consistency during the processing period, it does not guarantee a specific exchange rate.
3. Payroll Recovery
All costs associated with hiring, transferring, or terminating licensed professionals will be passed through to the Company and reflected on invoices as “Payroll Recovery.” These costs include, but are not limited to, employee payroll, payroll taxes, bonuses, government fees, holiday pay, vacation pay, severance pay, and any termination fees.
5. Compliance with Licensing Regulations
WORKS™ ensures strict adherence to all applicable state regulations and licensing requirements governing NMLS-related activities. The Company agrees to cooperate fully and provide accurate and complete information necessary to ensure compliance. The Company is responsible for promptly addressing any regulatory inquiries or issues that arise due to incomplete or inaccurate information provided.
6. Service Delivery
All mortgage processing services will be conducted remotely by licensed professionals designated by WORKS™. These professionals remain under the supervision and management of WORKS™. The Company acknowledges that WORKS™ will ensure that its personnel meet all regulatory and qualification standards but does not guarantee specific outcomes for individual loan files.
7. Payment Terms
Payments for Licensed NMLS 3rd Party Mortgage Processing Services are due within ten business days of invoice receipt. The processing fee will preferably be paid via Wire, ACH, or Check directly from the Title Company, as WORKS™ will send invoices directly to the Title Company as a vendor for payment. If the processing fee is not added to the ALTA Settlement Statement, Loan Estimate, or Closing Disclosure, or if it is not paid by the Title Company, the invoice will be sent to the Company, which will remain fully responsible for the processing fee. Late payments beyond the tenth calendar day of the month are subject to a late fee of five percent of the total invoice amount. Additional fees may apply for certain payment methods.
Terms of Services for Business Development
- Introduction
These Terms of Services (“Terms”) govern the provision of Business Development Services by LoveWorks Staffing, LLC DBA WORKS™ (“WORKS™”) to its clients (“Company”). Business Development Services are focused on recruiting and placing qualified candidates for various industries, including employees and licensed mortgage originators. By engaging in these services, the Company agrees to these Terms. - Scope of Services
WORKS™ provides recruiting services tailored to the specific needs of the Company. These services include identifying, screening, and recommending qualified candidates for employment or contract positions as defined in the Statement of Work (“SOW”). For licensed mortgage originators, WORKS™ focuses on sourcing candidates who meet the licensing requirements and production goals of the Company. The specific roles and expectations will be outlined in the SOW executed between the parties. Any changes to the scope of services must be mutually agreed upon in writing. - Fees and Compensation
3.1 Employee Recruitment Fee The fee for recruiting employees is 10% of the candidate’s annual salary. This fee becomes due and payable upon the candidate’s start date with the Company and will be invoiced accordingly. The fee is non-refundable, regardless of the candidate’s tenure, unless otherwise stipulated in the SOW.
3.2 Mortgage Originator Recruitment Fee For mortgage originators, the fee is calculated as 10 basis points (bps) on the candidate’s total monthly production volume. This fee is payable monthly for a period of thirty-six (36) months starting from the candidate’s hire date. Production volume shall be reported by the Company to WORKS™ monthly to facilitate accurate invoicing.
3.3 Payment Terms Invoices for Business Development Services are due within ten business days of receipt. Payments can be made via Wire, ACH, or Check. Any late payments beyond the tenth calendar day of the month will incur a late fee of five percent of the total invoice amount. Additional fees may apply for certain payment methods. - Compliance with Licensing and Employment Regulations
WORKS™ ensures that all recommended candidates meet the licensing requirements and qualifications outlined by the Company and applicable laws. WORKS™ verifies that licensed mortgage originators hold valid licenses in their respective states and are in good standing with regulatory bodies. However, the Company is ultimately responsible for ensuring ongoing compliance with state and federal employment and licensing regulations for all hires, including monitoring candidates’ continued adherence to applicable legal and professional standards.
These Terms of Services for Business Development are effective upon execution of the SOW and remain valid for the duration of the engagement. By engaging in Business Development Services, the Company acknowledges that it has read, understood, and agreed to these Terms.
Terms of Services for WORKS™ Space
- Introduction
These Terms of Services (“Terms”) govern the provision of WORKS™ Space services offered by LoveWorks Staffing, LLC DBA WORKS™ (“WORKS™”) to its members (“Members”). WORKS™ Space is a co-working space that offers membership-based access and private office options. By using WORKS™ Space, Members agree to these Terms and any associated Membership Agreement executed prior to accessing the services. - Scope of Services
WORKS™ Space provides co-working and private office environments designed to meet the needs of professionals. Membership options include:- Shared Access Membership Members with Shared Access Membership pay $195 per month and gain access to the office Monday through Friday from 7:00 AM to 7:00 PM. Members also have the option to book additional amenities, including the Training Room for $99 per hour and the Marketing Studio for $49 per hour.
- Private Office Membership Members with Private Office Membership pay $1,350 per month, which includes a private office with 24/7 access via key card to both the building and the office. This membership also includes unlimited use of the Training Room and Marketing Studio at no additional cost. Note that certain offices and amenities may have time restrictions, as specified in the Membership Agreement.
- Fees and Payment Terms
- Membership Fees Membership fees are billed monthly and must be paid in full by the first calendar day of each month. Failure to make timely payments may result in restricted access to WORKS™ Space services.
- Amenity Fees for Shared Access Members Shared Access Members who utilize the Training Room or Marketing Studio will be charged on an hourly basis. These fees will be invoiced separately and must be paid within ten business days of receipt.
- Payment Methods Payments can be made via Wire, ACH, Debit/Credit Card, or Check. Additional fees may apply for certain payment methods. Late payments will incur a five percent late fee on the total amount due.
- Membership Agreement
Members are required to execute a Membership Agreement before accessing WORKS™ Space. Shared Access Memberships operate on a month-to-month basis, while Private Office Memberships require a one-year membership agreement. The Membership Agreement outlines additional terms, conditions, and restrictions applicable to both Shared Access and Private Office Members. By executing the Membership Agreement, Members agree to comply with all terms outlined therein. By executing the Membership Agreement, Members agree to comply with all terms outlined therein. - Access and Usage
- Shared Access Hours Shared Access Members are entitled to access the co-working space during the designated hours of 7:00 AM to 7:00 PM, Monday through Friday.
- Private Office Access Private Office Members are granted 24/7 access to the building and their designated office space via key card. Certain amenities may have restricted hours, as outlined in the Membership Agreement.
- Use of Amenities Members are expected to use the Training Room, Marketing Studio, and other amenities in a respectful and professional manner. Any damage caused by a Member will be billed directly to the Member responsible.
- Termination and Cancellation
Either party may terminate the Membership Agreement with thirty (30) days’ written notice. Membership fees are non-refundable, and Members remain responsible for any outstanding balances at the time of termination. WORKS™ reserves the right to terminate membership immediately for any violations of the Terms or Membership Agreement.
These Terms of Services for WORKS™ Space are effective upon execution of the Membership Agreement and remain valid for the duration of the membership. By engaging in WORKS™ Space services, Members acknowledge that they have read, understood, and agreed to these Terms.