Terms and Conditions | Falcon Virtual

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FALCON VIRTUAL SERICES LLC TERMS OF USE:

Before using any of Falcon Virtual Services, LLC’s services, you are required to read, understand and agree to the following terms. You may only create an account after reading and accepting these terms.

This website (the “Website”) is offered to you on the condition that you accept these Terms of Use, without modification of the terms, conditions, and notices herein. Your use of the Website, as well as your payment for any Services (as defined below) constitutes your acceptance of all these terms, conditions, and notices (the “Agreement”).

In this Agreement, the party who is contracting to receive the Services from Falcon Virtual Services, LLC (“Falcon” or “we”) is referred to as the “Client” or “you”.

RESERVATION OF RIGHTS:

Falcon reserves the right at any time and in its sole discretion to request that Client remove all links or any particular link to our Website. You agree to immediately remove all links to our Web site upon such request.

You must comply with all of the terms and provisions of this Agreement. If you breach or violate any of the terms or provisions of this Agreement, or any other policies, procedures, or restrictions specified in writing by Falcon, Falcon can immediately terminate your ability use its services and pursue all legal and equitable remedies available to

it.

TASKS/HOURS

You may request Falcon to perform tasks that are similar to the sample of tasks listed on the “What We Do” webpage. You will be responsible for payment for all of the hours spent by Falcon performing the tasks requested by you. All tasks (the “Services”) will be performed by Falcon’s employees or independent contractors (each a “Virtual Assistant”).

All requests for tasks must be submitted through Slack, email, SMS, or phone.

SERVICES/VIRTUAL ASSISTANTS:

All Services will be provided by Falcon’s Virtual Assistants. You will be responsible for providing sufficient detailed instructions to Falcon and its Virtual Assistants to allow the Virtual Assistant to be able to perform the requested task. You may not request any Virtual Assistant to perform any Services that are illegal. You will have sole responsibility for assuring that all tasks performed by the Virtual Assistants are performed properly. Falcon will have no responsibility for any of the acts or omission of the Virtual Assistants that occur in the performance of any of the tasks requested by you unless specifically indicated otherwise in a separate written agreement signed by all parties. Both Falcon and the Virtual Assistants may refuse for any reason (or for no reason at all) to perform any task requested by you.

You are also responsible for any extra expenses or subscriptions (“Extra Expenses”) that may be needed for Virtual Assistants to complete the Clients tasks (telephone lines, website subscriptions, etc.).

TERM:

The term of this Agreement will be for ninety (30) days after the purchase the last billing date for your Virtual Assistant and will be renewed each time that you purchase additional hours. All payment, confidentiality, and non-solicitation provisions will survive the termination or expiration of this Agreement.

INVOICING/PAYMENT:

Invoices will be sent weekly for Services rendered in the prior week that will specify (i) the fees of the Services rendered, and (ii) the amount to be paid for Extra Services. Payment is due upon invoice receipt. Billing cycle dates start Monday and end on Sunday. You will be responsible for the payment of (i) fees for any Services, additional agreed upon equipment that your assistant requires to complete their job and (ii) fees for the any Extra Services Such payment is due within seven (7) days of the invoice date. A late fee of the greater of $15 or 10% of the outstanding invoice will be due for any invoice that is not paid within seven (7) days of the invoice’s due date. Refunds that are approved by Falcon in writing will be processed within 30 days of written notice of approval.

AUTHORIZATION TO CHARGE CARDS:

You must provide us with valid bank, credit card or debit card information and advise us in writing of any changes to such card(s). You grant Falcon permission to charge the credit card or debit card you have provided for the fee for any Services rendered and (ii) the fee for all Extra Services utilized by you. If any request for payment is rejected for any reason, you must pay the rejected amount, plus any service or processing fees incurred by us, within five (5) days of a written demand for payment. Falcon may suspend your account at any time after notification of a rejected request for payment. If any outstanding invoices are not timely paid within three weeks of the invoice date, Falcon may terminate this Agreement and your right to receive any of the Services. Outstanding balances after four weeks will accrue interest at the lesser of 18% or the maximum legal rate allowed by the Commonwealth of Virginia.

PAYMENT FOR SERVICES:

You must pay Falcon the dollar amount associated with the negotiated rate. We may increase our fee from time to time for Services by notifying you twenty (20) days prior to the effective date of any such change.

DISCLAIMER OF WARRANTIES:

THE SERVICES AND DELIVERABLES PROVIDED AT OR THROUGH THIS WEBSITE AND THE SERVICES OF THE VIRTUAL ASSISTANTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Falcon further does not warrant that your use of the Website will be uninterrupted, error-free, accurate, or complete. Falcon may make changes to the Website, or to the Services and prices described in them, at any time without notice. The materials on this Website may be out of date, and Falcon makes no commitment to provide you support of any kind or to update the materials at this Website. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Both parties warrant and represent that they are under no disability, restriction, or prohibition, whether contractual or otherwise, with respect to their right to execute this Agreement and perform its terms and conditions. Falcon and its Virtual Assistants will use commercially reasonable efforts to perform the Services.

Falcon further disclaims all warranties as the correctness, completeness, or accuracy of any of the information, tasks, or projects your Virtual Assistant completes for you. YOU MUST VERIFY ALL INFORMATION PROVIDED TO YOU BY FALCON AND ITS VIRTUAL ASSISTANTS. Falcon will have no liability for any misinformation or errors provided to you. Trust but verify!

INDEMNIFICATION:

Each party agrees to and does hereby indemnify, defend, and hold the other party harmless from any and all loss and damage (including reasonable attorneys’ʹ fees) arising out of, connected with or as a result of any inconsistency with, failure of, or breach by either party of any warranty, representation, agreement, promise, undertaking or covenant contained in this Agreement.

LIMITATION OF DAMAGES:

Each party’s liability to the other parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to, or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any party be liable to the other parties for any indirect, special, consequential, or punitive damages, or claims of lost profits or other indirect damages.

LIMITATION OF LIABILITY:

Notwithstanding any other provisions of this Agreement, you agree that Falcon's aggregate liability to you in connection with the performance of any or all of the Services arising in connection with this Agreement, regardless of the form of claim or action, will never exceed an amount equal to the total amount of fees paid by you during the first twelve months of this Agreement.

CONFIDENTIALITY:

Neither the Contractor nor the Virtual Assistants will, either directly or indirectly, use for their personal benefit , or divulge, disclose, or communicate, any information of the other party that is of a confidential or proprietary nature provided that the disclosing party has identified such information as being of a confidential or proprietary nature. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement and, if requested by you, the Virtual Assistants will return to you all records, notes, documentation, and other items you provided to the Virtual Assistants during the term of this Agreement. If a Virtual Assistant creates anything original for you, such as reports, spreadsheets, or marketing material (“Work Product”) Falcon grants to you a non-exclusive, royalty free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.

LEGAL FEES:

If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover from the non-prevailing party, reasonable attorneys’ fees, court costs and all expenses, even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled.

CHOICE OF LAW:

The laws of the Commonwealth of Virginia shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. The state courts located in Loudoun County, VA and the federal court in the City of Alexandria, Virginia, shall have exclusive jurisdiction over all disputes between Contractor and Falcon pertaining to this Agreement and all matters related hereto.

NON-SOLICITATION:

You acknowledge that Falcon has made a significant investment hiring, training, and evaluating Virtual Assistants, and that Falcon has a legitimate interest in retaining all of its Virtual Assistants and in receiving a reasonable return on those investments. Falcon’s Virtual Assistants are or may be subject to an agreement prohibiting them from working, directly, or indirectly, for you or any other person to whom they provide Services while employed by Falcon. For so long as you are using any of the Services, and for a period of two (2) years after the date when you most recently used any of the Services, you agree not to, for your own benefit or for the benefit of any other person or entity,

A. Encourage, solicit, or induce, or attempt to encourage, solicit, or induce, any person who is a Virtual Assistant to terminate such person’s employment or independent contractor affiliation with Falcon;

B. Hire or contract with any Virtual Assistant (or otherwise permit services to be provided to you by any of Virtual Assistant);

C. Induce or attempt to induce any Virtual Assistant to cease performing services for Falcon;

D. Aid any other persons or entities in identifying or soliciting any Virtual Assistant to cease performing services for Falcon; or

E. Advise any Virtual Assistant of any employment or independent contractor opportunity with you or any other entity; or

For purposes of this Non-Solicitation section, the term “Virtual Assistant” includes any person who is a Virtual Assistant of Falcon at the time of any action prohibited by items A-E above as well as any person who had been a Virtual Assistant within the six (6) months prior to the occurrence of any action prohibited by items A-E above.

You acknowledge that if you breach this obligation, Falcon will suffer great and irreparable injury in amounts difficult to determine. Therefore, in addition to any other legal or equitable remedies available to Falcon, Falcon shall be entitled to enforce the terms of this provision by obtaining a temporary and permanent injunction.

COOKIES:

We employ the use of cookies. By using Falcon’s Website, you consent to the use of cookies in accordance with Falcon’s privacy policy. Most of the modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

AMENDMENT:

Falcon may revise the above terms at any time by updating this posting and such revisions will be binding upon you with respect to any Services you request after the date of the amendment. You should visit this page from time to time to review the then current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.