Important notice: We do not require a signed agreement. Your use of any services or resources provided by us, including this website, denote your complete agreement with and acceptance of these terms and conditions.
Cascade Virtual is licensed and registered company under the umbrella organization, Nimble International/Canada 154 located in Toronta, Canada.
Cascade Virtual provides online services throughout the world with a core team of contract virtual assistants and freelancers located in Latin America.
Our service and these Terms and Conditions shall be governed by and construed in accordance with the laws as they apply in Toronto Canada and the parties hereby submit.
The currency of business is US Dollars. All invoices and payable charges for our service will be managed in US Dollars.
The agreement herein applies to the purchasing client and all persons, entities or software working on behalf of, directly with or in representation of the client and in relation to the subscription purchased.
1 DEFINITIONS1.1
“Client” means the individual or organization who uses or agrees to buy the services from Cascade Virtual.
1.1a "Buyer" means the individual or organization who buys or agrees to buy services from Cascade Virtual.
1.2 “Subscription” means the subscription package the Client purchases for the provision of Services incorporating these Terms and Conditions; “Periodic Subscription” means a subscription package of 6 or 12 months, billed in cycles equal to the subscription term.
1.3 “Services” means the virtual assistant services (administrative, technical, social, academic, etc.) that the Client agrees to buy from Cascade Virtual;
1.4 “Supplier” means Cascade Virtual that owns and operates the company;
1.5 “Terms and Conditions” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by Cascade Virtual;
1.6 “Website” means www.cascadevirtual.com and any subdomains.
1.7 “Billing Day” means the monthly anniversary of the original signup, upon which further monthly subscription fees will be taken. In the event that the original Billing Day is not available in a future month (for example 1st) the fees will be taken on the day your subscription originates.
1.8 “Signup form” means the online web page where the subscription to be purchased is chosen, the price of each task purchased is agreed, the agreement to the Supplier’s terms and conditions is made and the Buyer’s initial purchase is made.
2 CONDITIONS 2.1
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights when buying as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Client and or Buyer and shall prevail over any other documentation or communication from the Client.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to operations@cascadevirtual.com.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3 ORDERING & CHANGE OF SUBSCRIPTION NOTICE3.1
All subscriptions for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept a subscription for any reason.
3.2 Any change in subscriptions will require a 5 day notice by the Buyer to the Supplier to ensure special instructions will take effect on the next renewal date. Supplier cannot make any guarantees with less than a 5 day notice.
4 PRICE AND PAYMENT4.0
The price of the Services subscription shall be that stipulated on the website. The price is exclusive of tax.
4.1 Payment of the monthly subscription price must be made monthly by credit or debit card. Payment of Periodic Subscription (6 Month or Yearly) price must be made at the start of the subscription period by credit or debit card. Payment must be made without deduction or offset.
4.2 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
4.3 The Supplier reserves the right to refer unpaid and overdue invoices to an accredited debt collector of the Supplier’s choosing, which may incur additional fees.
4.4 Subscription fees are taken on the Buyer’s Billing Day at the beginning of the monthly or Periodic Subscription period.
4.5 Fees for additional work requested by the Buyer or Client in excess of current subscription package are due prior to any additional work commences and can be made via credit or debit card.
4.6 Due to the discounted package rates, there are no refunds for periodic subscription payments. Any refunds will be made solely at the discretion of the Supplier.
4.7 The named account holder agrees to personally guarantee and underwrite all and any debts owed to Cascade Virtual in the course of our relationship. By entering into this agreement, you agree that we can recover all and any debts outstanding from you personally in the event that your trading entity, regardless of form, fails to settle the debts directly with Cascade Virtual.
4.8 Client agrees that any assistant assigned to their account will NOT pay for any out-of-pocket fees related to the clients personal or business/marketing expenses or daily or occasional business operation.
5 PERFORMANCE AND TERMINATION5.1
The Supplier shall perform the Services with reasonable skill and care, making every effort to complete the work according to expectations. However, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
5.2 Unless a Periodic Subscription package is purchased, the Services are subject to an initial contract period of one month and shall continue thereafter on a rolling one month contract unless and until terminated in accordance with clauses.
5.3 Subject to clause 5.2, either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving notice to the other one full month’s written notice in the case of Monthly Subscriptions, or written notice no later than one (1) month prior to the end of the Periodic Subscription. Any payment due remains payable. Should notice be given part way through a billing period, notice is deemed to start on the Customer’s next Billing Date. If a customer has time remaining on their account they can utilize their assistant up to 30 days. Should the account be terminated by the Buyer, account information will be required for account security purposes. After the end of the paid-for period, the Buyer and or Client will have no further access to the account and all data relating to the Buyer and or Client may be deleted within one month.
5.4 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer or Client breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
5.5 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services should the Buyer become financially insolvent.
5.6 The Buyer or Client may not use the Supplier’s service to arrange or in relation to any illegal or immoral activity.
5.7 The Buyer or Client agrees that the Supplier is not a recruitment agency or introducer and does not search or specifically select staff or third parties on behalf of the Buyer and therefore relevant recruitment agency laws and regulations do not apply to the Supplier.
5.8 The Buyer and or Client agrees that the Supplier will use vetted, interviewed and approved candidates to fulfill the Buyer’s or Client's workload, task and project requirements.
5.9 The Buyer agrees that if, after rejecting all qualified resumes sent from current staff, any recruitment required will be billed on Client’s hours purchased.
5.10 The Buyer agrees that the Supplier is not a customer service call center. That the assistant/team can be available to make calls and answer calls.
6 RIGHTS OF SUPPLIER6.1 The Supplier reserves the right to periodically update any prices shown on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure any prices shown are correct at the point at which the Buyer purchases a subscription.
6.2 If the Supplier updates the price paid by an existing Buyer, notice shall be provided to the email address held on record for the account no less than one full month prior to the change taking effect in the case of monthly subscriptions and at least one month prior to the renewal of annual accounts.
6.3 The Supplier reserves the right to withdraw the Services from the Website at any time.
6.4 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
6.5 The Supplier may assign their rights to a third party after giving 30 days’ notice to the Buyer via their account.
7 AGE OF CONSENT7.1 Where the Services provided involve the purchase of articles which may only be purchased by persons of a certain age the Buyer will be asked when placing the order to declare that they are of the appropriate legal age to purchase the articles.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services or articles, the Supplier shall be entitled to cancel the order immediately, without notice.
8 CANCELLATION WHEN BUYING AS A CONSUMER
If purchasing, the Buyer has the right to cancel the subscription by notice in writing at any time before seven working days have passed from the day after the subscription was made. If, however, the Supplier starts to perform its work on a posted task to be paid from the subscription before the Buyer exercises this right to cancel, the right to cancel is lost in the amount of that committed to the task which has been started.
9 LIMITATION OF LIABILITY9.1
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier, the remedies of the Buyer shall be limited to damages, which shall in no circumstances exceed the regular monthly subscription price of the Services paid by the Buyer and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Suppliers agents or employees.
9.3 To the extent permitted by law, the Supplier shall not be liable to the Buyer and or Client save as expressly provided for in this agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the Buyer and or Client.
9.3a The Supplier will not be responsible for any damages the Buyer’s and or Client's business may suffer.
9.3b The Supplier makes no warranties of any kind, expressed or implied for the services provided.
9.3c The Supplier is not responsible for any loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Supplier and its employees. The Supplier cannot guarantee that the service will be uninterrupted or error-free, or meet the Buyer’s or Client's requirements.
9.3d The Supplier is not responsible for any loss or damages the Buyer or Client or Buyer’s or Client's business may suffer as a result of a fraudulent or negligent activity carried out by any agent, person, freelancer or company working in association with or on behalf of the Supplier. The Buyer and or Client accepts all responsibility and risk for sharing any sensitive data, including financial or payment information, with any agent, person, freelancer or company working in association with or on behalf of the Supplier. The Supplier does not recommend the sharing of credit card information. If credit card information is shared we suggest use of secure agreed upon methods. Supplier accepts no responsibility for personal information shared.
10 WAIVER
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, flood or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by arbitration such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS13.1
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer and or Client upon making a purchase until the Buyer’s or Client's monthly renewal of the Services occurs.
13.2 Monthly renewal of the Services will be subject to the Supplier’s then current Terms and Conditions.
13.3 Notification of changes to these Terms and Conditions will be made to the Buyer’s account.
13.4 The Supplier shall be entitled to alter the price of the Services provided at any time. Price changes will take effect in the next billing due, providing 10 business days’ notice has been provided within the Buyer’s account.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of the State of Iowa and the parties hereby submit mandatory individual arbitration to resolve disputes.
SCHEDULES
Special Conditions
1 The Supplier acts as an agent when arranging services for the Buyer and or Client.
2 The Supplier operates a vetting procedure for all services arranged for the Buyer and or Client – however, the Supplier cannot guarantee the quality of the services arranged as an agent. The Buyer and or Client may need to agree to the terms and conditions of the external supplier in order for the services to be arranged.
3 The Buyer and or Client acknowledges that in order to arrange for the provision of products and services for the Buyer and or Client, it may be necessary for the Supplier to provide a third party with the Buyer’s and or Client's details.
4 The Supplier may contact the Buyer and or Client by online customer portal, email, and post – the Buyer and or Client can request that contact from the Supplier via a specific means ceases by contacting us to request this at operations@cascadevirtual.com.
5 The Buyer and or Client will notify the Supplier immediately if the security of their account has been compromised or if an authorized person leaves their employment.
6 The Buyer and or Client is granted a non-exclusive license to access the Supplier’s software and systems on the Supplier’s servers – all intellectual property remains that of the Supplier.
7 Cascade Virtual is not an employment agency, recruitment organization or introducer.
8 The Buyer and or Client or any of its officers, employees or associates may not at any time (either during or within five years of the last provision of service by The Supplier) solicit, encourage or induce any employee, agent or freelancer who is engaged in (or has been engaged in) a commercial relationship with The Supplier to contract with, be employed by, be rewarded by or paid by The Buyer or any of its officers, employees or associates – either directly or indirectly*. Should the Buyer and or Client or any of its officers, employees or associates breach this term, a fee of not less than $5000/per seat will become payable to the Supplier immediately. The Supplier will invoice the Buyer and or Client for this fee if it has a reasonable suspicion that the Buyer and or Client is in breach of this agreement if the Buyer and or Client provides evidence that this agreement has not been breached the Supplier will cancel the invoice.
* Including but not limited to other companies controlled by, owned by or associated with the Buyer and or Client or any of the Buyer’s and or Clients employees, officers or associates.
9 The Supplier will not be able to complete tasks that involve the installation or use of specialist software at their end unless agreed in advance.
10. Buyer and or Client agrees not to compete with Cascade Virtual by offering remote outsourcing services to anyone while a client of Cascade Virtual under any business umbrella owned or associated with the client and for a period of 5 years after the termination of services utilized through Cascade Virtual.
11. Buyer and or Client agrees not to use or disclose privileged information regarding the layout, use or operation of the Cascade Virtual website at any time.
REFUND POLICY
Refunds are generally not permitted and are at the sole discretion of Cascade Virtual.