411 Locals offers general virtual assistant services to its customers. These services include, but are not limited to, phone call tasks, appointment scheduling, paperwork, e-mail and database management, report creation, online research, schedule management, video/audio audits and personal itinerary management (“Services”). 411 Locals will provide a dedicated virtual assistant to work on and assist with Client requirements and Services.
Client Responsibilities:
Client is responsible for providing clear instructions and materials necessary for the virtual assistant to perform the Services. This includes access to necessary tools, software, and accounts. Client further agree to provide true, accurate, current, and complete information to the virtual assistant.
Confidentiality:
411 Locals and its virtual assistants will treat all Client information, customer information and tasks as confidential. 411 Locals will not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to Client, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets. 411 Locals will not disclose or use any confidential information for any purpose other than providing the agreed-upon Services unless ordered by a Court of law or some other government agency.
Pricing and Payment:
Pricing for the Services will be discussed and agreed upon before commencing any work. Payment terms and methods will also be agreed upon in writing in advance.
Once the Services and pricing are agreed to, Client will be billed for same on the agreed upon billing cycle. If Client does not respond to calls, emails or texts sent from 411 Locals, that does not excuse or delay the required payment. The cancellation policy is listed below. 411 Locals will devote time, energy and costs to Client’s project upon the singing up for Services, so Client’s delay in responding to 411 Locals’ communications shall not be a grounds for delaying payments.
Cancelation; Refund Policy and Late Fees:
Either Client or 411 Locals (collectively “Parties” and individually a “Party”) can cancel the Services provided via at least fifteen (15) days’ prior written notice of that Party’s intent to terminate. Any work in progress will be completed and paid for in full as agreed upon prior to termination.
If a request to cancel the Services prior to exhausting all prepaid hours is made by either Party, a prorated partial credit will be provided after calculations are made by 411 Locals on how many unused hours are still available.
Due to protection of Client’s rights, privacy and information, recurring charges may be cancelled by having the authorized credit card holder contact 411 Locals’ Customer Service Department at 702-680-0232 and request the cancellation. No written emails or letters of cancellation will be accepted until it is confirmed with the Client via telephone that said cancellation is accurate and proper.
All past due accounts are subject to late fees. If Client’s account is more than sixty (60) days past due, there will be a collection fee of thirty percent (30%), which will be added to the total amount due by Client to 411 Locals. This collection fee and any late fees will be charged to Client’s account in addition to any applicable (if any) reinstatement fee that is equivalent to the monthly recurring charge if Client re-subscribes for Services. This is not a penalty or liquidated damages and it is agreed by the Parties that this is reasonable and proper.
Intellectual Property:
Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by 411 Locals in connection with the Services shall be the exclusive property of Client. Upon request, but at no cost or expense to 411 Locals, 411 Locals will sign all documents necessary to confirm or perfect the exclusive ownership of Client to the Work Product.
Disclaimers:
411 Locals will make every effort to provide accurate and timely Services, but 411 Locals does not guarantee the accuracy or completeness of any task or information.
Limitation of Liability:
411 LOCALS’ ENTIRE LIABILITY AND CLIENT’S EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH 411 LOCALS (INCLUDING, WITHOUT LIMITATION, USE OF THE SERVICES OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE THE SERVICES. 411 LOCALS AND ITS SUBSIDUARIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM THE SERVICES, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICES PROVIDED HEREUNDER. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF 411 LOCALS HAS ADVISED YOU (AND HAS ADVISED YOU) OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. SINCE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH STATES OR JURISDICTIONS, 411 LOCLS AND ALL SUBSIDUARIES’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN ANY APPLICABLE JURISDICTION, 411 LOCALS’ MAXIMUM LIABILITY WILL BE LIMITED TO ANY AMOUNT PAID TO 411 LOCALS BY YOU IN CONNECTION WITH THE SERVICES THAT UNDERLIE THE CLAIM.
Privacy and Data Protection:
411 Locals complies with all applicable data protection and privacy laws. Please refer to 411 Locals’ Privacy Policy for more information on how data is handled.
Changes to Terms of Service:
411Locals reserve the right to update these Terms of Service at any time. Any updates will be effective upon the date of posting. Client’s continued use of 411 Locals’ website, applications, and Services following any change will indicate acknowledgment of and consent to such change.
Contact Information:
If you have any questions or concerns regarding these Terms of Service, please contact 411 Locals at 702-680-0232.
Recording and Tracking of Calls:
These Terms of Service will be governed by and construed in accordance with the laws of the State of Nevada. All calls, which include but are not limited to received, transferred, and initiated calls, may be recorded for quality assurance, training, customer service and improvement. Client specifically consent to said recording and no further consent is necessary. If any part(s) of these Terms of Service is/are held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
This Agreement in whole or in part is not assignable by Client. All communications regarding account management, billing, and/or any other matters regarding your account will be conducted between 411 Locals and Client, or between 411 Locals and your company’s authorized representative if the identity of said representative is provided to 411 Locals and authorized in writing by Client. If there is no authorized representative, then the principal credit card holder will automatically be designated as the sole authorized representative of the account.
Relationship of the Parties:
It is understood by Client that the Parties are not in a joint venture, partnership, employee, agency, or any other type of business relationship and 411 Locals is an independent contractor with respect to Client. From the date hereof and continuing for a period equal to one (1) year after the termination of any relationship between the Parties for any reason, Client will not, and none of its affiliates will, directly or indirectly (i) solicit or actively seek to hire any employees, agents, contractors or customers of 411 Locals who were employed by 411 Locals or were customers of 411 Locals on the date of termination of the Parties’ relationship or at any time during the twelve (12) month period prior to termination of the Parties’ relationship or (ii) solicit or encourage any personnel employed by 411 Locals to terminate his or her relationship with 411. In the event Client hires any employee, agent or contractor of 411 Locals, including any VA who worked for 411 Locals, regardless of whether Client had directly or indirectly worked with said employee, agent or contractor of 411 Locals, Client agrees to pay 411 Locals the amount of ten thousand dollars ($10,000.00).
