Scope

These general conditions of use of the site service www.octhopus.com (hereinafter "Octopus"), define the rights and obligations of the parties within the framework of the services offered by Octhopus and the use of this page. By entering the Octhopus site, the user declares to be aware of, familiar with and accept these terms and conditions.

Octhopus reserves the right to modify these terms and conditions at any time and without prior notice.

The terms will be deemed to have been modified upon the mere publication of the modifications made to the terms. It is the user's responsibility to enter and review these Terms and Conditions each time they enter the Octhopus site.

The terms and conditions and any modifications will apply immediately after their publication on the Site. Use of the Site after any modification has been made will be deemed acceptance by the User of the modifications made to the terms and conditions.

The Site of Octhopus

Octhopus offers on its site a virtual assistance service for its users, through the online hiring of virtual assistants who can carry out administration, basic accounting, marketing, personal, human resources, language and/or general coordination activities, according to the hourly service package contracted by the user, as described below.

The user is informed and accepts that Octhopus may change the configuration of its site at any time, following the company's criteria, and may eliminate or change any service available on the site, regulations, terms, and conditions that are available to users.

The client is obliged to pay Octhopus the amount established in the package that he has contracted. Payments will be made in accordance with the policies established by Octhopus, which the client declares to know and accept. This may include monthly subscriptions, charged on a recurring basis and which the client may cancel at any time. Any additional expense required to carry out the task entrusted by the client must be paid by the latter in advance so that said task can be carried out. In the case of payments to third parties, the client must have a PayPal account, have registered the card directly with the provider or make the corresponding payment directly, since Octhopus will not be responsible for the handling of bank details.

The hours contracted by the client will be valid for 30 calendar days.

In the event that the client requires a change to the contracted package, this will be subject to the availability of the assigned assistant.

Octhopus provides its services during business hours from Monday to Friday between 9 am and 6 pm Central Time from Mexico City. On official holidays, Octhopus is not obliged to provide service.

If not all hours were used in the month, up to 2 hours may be accumulated in packages longer than 12 hours and 4 hours in packages longer than 24 hours; as long as they remain in the same package or a larger one and the service is contracted for the following month (the contract for the following month must not be more than 5 days after its expiration in order to keep the unused hours). These hours will not be re-accumulative.

The assigned assistant may be shared with up to one more person assigned by the client in any package.

Strategy time will be given in packages greater than 12 hours per month.

Octhopus has the basic software necessary to carry out the administrative and marketing tasks contracted by the client. However, if the client is interested in using a specific program, he or she must pay for the rights to the program and, upon termination of the relationship between the parties, said rights will become the property of the client.

The virtual number, when requested, is a service contracted with Callpicker.com You can contract the telephone service for receiving calls with another provider, with a direct callpicker or by sending telephone equipment. Octhopus does not takes responsibility any failure in the Callpicker system. If you send a cell phone, it must be sent with its respective charger, case and chip.

Octhopus declares that it will have and maintain, during the term of the contract for services, a strict adherence to the quality of the service, as well as an optimal level of trust in it.

Octhopus is responsible for continuing to provide the service as long as the client is up to date with their payments; otherwise, the service will be suspended immediately and resumed when payment is made.

Octhopus may cancel the service to the Client when it deems appropriate, either due to the type of activities requested from the assistant, due to a lack of respect or when there is a justification for doing so.

In cases of evidently demonstrable omission by Octhopus, the client may request early termination of the service, for which Octhopus will proceed to calculate the proportional amount based on the services that have actually been provided to the client. Refunds must be requested in writing and will take a minimum of 15 days and a maximum of 30 to be reimbursed to the client, and will be made through the same means with which the client made his payment.

Once the customer has expressed his/her agreement regarding the refund amount, Octhopus will do the following:

• Submit to the client all documents that have been collected by Octhopus in relation to the provision of the service;
• Provide the client with a full settlement of the obligations assumed in this act by Octhopus, fully releasing the latter from any contingency derived or arising from this contract, including but not limited to those related to the payment of the service as it has been agreed in terms of this instrument; and
• The Company will undertake to hold the Client harmless in the settlement document referred to in the immediately preceding point from any contingency arising from or that may arise from this contract or from the provision of the service by Octhopus, including but not limited to the payment of any damages and losses caused to the Client, its employees, shareholders or clients, for disclosing the information provided to it in terms of this contract, which is considered confidential and classified.

If the client wishes to hire the assistant he/she is working with at Octhopus on a private basis, he/she must pay Octhopus $40,000 (Forty thousand pesos 00/100 MN) for recruitment and training costs. He/she may hire a maximum of 2 assistants within a five-year period.

Octopus Hunter Pack

The Octopus Hunter service is responsible for finding assistants according to the client's needs.Octopus search, interview, select, apply exams, psychometric tests, personality tests and job references; and delivery to 3 candidates as requested.

The cost may be different from that established on the page if an Assistant with a specialty is required or if it is required in person, and will be defined in the call prior to hiring.

The client is responsible for hiring the assistant under the conditions, salary and contracts that he define.

Octhopus is not responsible for the veracity from the results of psychometric tests, personality tests and employment references. These studies are carried out by third parties.

If Octhopus did not find 3 profiles like them specified by the client at the time of contracting, Octhopus will refund the client 60%.

Octhopus is not responsible by the work done by the selected assistant(s).

Once the shortlist of candidates has been delivered to the client, the client will be responsible for conducting the final interviews within the following 10 business days. If the client takes longer than the aforementioned deadline, the client runs the risk of the candidates in the shortlist being chosen in other selection processes in which they may be participating. Octhopus is not responsible for the loss of candidates in such a case.

If none of the selected candidates perform within the first 30 days of being hired, Octhopus will deliver a second and final shortlist of two additional candidates.

Octhopus' Relationship with the Client

Once the services offered by Octhopus through the Site have been contracted, Octhopus declares that (i) there is no employment relationship between Octhopus and the Client and (ii) that Octhopus is responsible for the employment relationships of the personnel under its charge and service that collaborates with it, which it will use to fulfill the contracted service, for which reason it releases and discharges the Client from any labor and/or social security liability with Octhopus employees.

Octhopus Statements

Octhopus declares that the content, appearance, organization and structure of its site do not violate any law or regulation to which it is subject, or any contract, document or agreement to which it is a party.

User Prohibitions

The user is strictly prohibited from changing, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing or creating derivative works from the information acquired through this Octhopus site, as well as transferring or selling any information, software, products or services related to it.

Limitations of Warranties

Octhopus does not provide any guarantees to the user, including guarantees regarding the content and operation of its site.

In the event of any error in the operation of the site, Octhopus will make its best efforts to correct it in the shortest possible time.

You are solely responsible for any damage to your equipment resulting from the use of the site, including without limitation, loss of data or any other damage.

Intellectual Property

Users must respect the laws and treaties relating to intellectual property and other applicable legislation regarding the content, without limitation, of texts, computer programs, sounds, photographs and other materials available on the Octhopus site. Thus, in the case of such product or result as any other material protected by copyright law, it will not be possible, in any way, to exercise or require the exercise of any ownership over it.

The user is prohibited from distributing copies of the Octhopus site, as well as any other form of use other than that of Octhopus; it is prohibited to reverse engineer the development or creation of other works, any form of analysis of its constitution, the availability of Internet access at any address other than the Octhopus email address and its channels, the disclosure of unauthorized files and the illegal release of access to third parties.

Octhopus expressly retains all right, title and interest in and to all intellectual property used and developed in connection with the Service and/or the Site. These terms and conditions and your use of the Site or the Service do not grant you any right or license to use such intellectual property, except as expressly authorized and set forth in these terms and conditions.

Privacy Policy

Use of the Site is subject to, and you shall at all times comply with, Octhopus' privacy policy, which is available on the Site and which is incorporated by reference, and made a part of these terms and conditions by reference, provided that such policy is subject to change without notice at the sole discretion of Octhopus.

This privacy policy obliges it to make its best efforts to keep confidential all and any personal data of the user who has registered on this Octhopus site.

Notifications and dispute resolution

All notifications made in relation to these terms and conditions must be made in a reliable manner and sent to the email address clientes@octhopus.com

These terms and conditions are governed by the laws in force in Mexico City, Mexico.

For the interpretation, compliance and execution of these terms and conditions, the parties expressly submit to the jurisdiction of the competent courts in Mexico City, Mexico, waiving any other jurisdiction that may apply to them based on their current or future addresses.

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If you have any questions regarding these terms and conditions, please contact us at the following email address: clientes@octhopus.com