Terms and Conditions
By engaging with BEST offshore SERVICE Inc, you expressly agree to the following standard terms and conditions:
1 PROVISION of SERVICES
All of BEST offshore SERVICE Inc. services are provided under these Terms and Conditions. BEST offshore SERVICE Inc. services are provided to the best of our ability and based on the consultant’s personal experience, information, facts and issues you provide. Any opinion, statement, recommendation or anything whatsoever shall not form a guarantee.
2 DEFINITIONS
“Services” means anything we do on your behalf in accordance with this agreement.
“Consumer” means anyone purchasing not in the course of a business. This agreement is not intended to affect a client’s statutory rights.
3 SUPPLY OF SERVICES
(1) You agree to provide accurate, current, and complete information to BEST offshore SERVICE Inc. and inform us promptly of any changes in requirement or information. You will provide regular and timely feedback and review through the entire term of the project. If such communication is not timely or forthcoming, within the period agreed to between the Parties, due to which the project extends beyond the term of the agreement, then BEST offshore SERVICE Inc. will charge you for the additional hours as per the agreed rate. BEST offshore SERVICE Inc. will not be liable to bear any loss or pay any compensation for such delays.
(2) Whilst we will use our reasonable endeavors to supply the services, we shall not be responsible for any failure to provide services or any unavailability. In addition we make no warranty again electronic virus, worms or any other any other defect or problems which may occur. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs.
(3) During the provision of the BEST offshore SERVICE Inc. services we may make recommendations for other suppliers and this doesn’t form any endorsement or guarantee as to supply of either services or products.
4 NO WARRANTY
You hereby agree that the BEST offshore SERVICE Inc. services and any research project or other materials you receive are provided “as is”, “with all faults” and “as available” and are without warranty of any kind. While BEST offshore SERVICE Inc. relies on sources that we believe to be reliable, we cannot rule out errors in judgment or application. BEST offshore SERVICE Inc. is not responsible for any investment or other decisions of the client going wrong, based on exclusive usage of BEST offshore SERVICE Inc.’s research report. The reports are meant for general guidance of the client and not specific recommendations. BEST offshore SERVICE Inc. shall not at any time be liable for any claims or losses of any nature, including but not limited to lost profits, punitive or consequential damages. In addition to the foregoing, BEST offshore SERVICE Inc. does not provide any warranty against infringement or of title or quiet enjoyment.
5 ABIDE BY TERMS
By making use of our organization and its services you will be deemed to be aged 18 or over and that you have read and understood this agreement and agree to be bound by its terms and conditions. Where you are entering into an agreement on behalf of an organization you confirm that you have the legal right to do so.
6 PRICES AND PAYMENT
(1) You will pay BEST offshore SERVICE Inc. as per the engagement model given below. BEST offshore SERVICE Inc. will advise you prior to exceeding any initial fee estimate that is given to you, and any additional charges will be subject to your approval. If you do not so approve of any additional charges exceeding the initial fee estimate, you will have the option to limit the scope of the engagement. If you need assistance on weekends, we will charge you 1.5 times our agreed rate.
• Fixed bid project for Managed Solutions type of projects
Pay 50% advance before the start of the project and pay 50% at the end of the project once you receive our invoice. This payment is payable within 7 days of receipt of invoice. You will bear 1% interest charges per month for any unpaid amount after the credit period of 7 days.
• Monthly Retainer Model
Buy the hours as given below and as per your requirements. Pay one month’s payment in advance at the beginning of the project. Your virtual assistant will begin assignment once we receive the payment. Then BEST offshore SERVICE Inc. will send you an invoice in the third week of every month, payable within 7 days of receipt of invoice. Work continues only if the payment is received in time before the next month begins. Your remote assistant will continue work once we receive the payment.
> 40 hours for an entire month
> 80 hours for an entire month
> 160 hours for an entire month
(2) Where payment is a part of staged payments, then late or non-payment will automatically mean that all work will stop until such time that full payment (including any accrued or extra payment) is made. No refunds will be made.
7 CANCELLATION and REFUND POLICY
Once you cancel you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 10th of every month, and you cancel on the 19th, you’ll still have to pay for the current month, but you won’t be charged again after that. There is no refund on non-usage of plan hours. In order to treat everyone equally, no exceptions will be made.
8 PAYMENT & PASSING OF RIGHTS
The property in the services (including intellectual property of information, documents and data which we have agreed that you will own at the proper termination of the contract), will not pass to you until we have received full payment for all the services supplied by us. This means that we will have a lien over the data and installation. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights to the information, documents and data.
9 RESPONSIBILITY AND MISUSE
(1) You agree that you will solely be responsible for your use of any services provided to you and that you will use the service legally and only for the purposes that it is intended to be used for.
(2) Furthermore you agree that you will not misuse the services supplied and that you will abide by any laws applicable to this agreement or the operation of it.
(3) You specifically agree that we have no liability and furthermore you will indemnify us for any loss resulting in any breach of this clause.
10 NON-SOLICITATION
For the period of this Agreement and three years after termination or completion, you agree that you will not (through yourself, affiliates, principals, or other related parties) solicit, for employment employ, consult with, utilize the services of, or in any other manner induce or influence, either directly or indirectly any BEST offshore SERVICE Inc. employees(including former employees) or the employee’s referrals to terminate their employment and work for themselves or any other person / entity either on full time or on part time basis or to perform services for such party or any person or entity related thereto.
11 TIME ESTIMATE
We will use all our reasonable endeavors to complete any supply or services within any time estimate that we give. However, we will not be liable for any loss of damage suffered because of any unavoidable or reasonable delay in completion, including third party involvement and your failure to deliver items such as documents or information. We will keep you informed about any delay.
12 CONFIDENTIALITY & NON DISCLOSURE
Neither party shall disclose to a third party, Confidential Information made available during the engagement. Confidential Information means information related to the Business (including third party information), which (i) is subject to privacy rules and regulations and/or derives economic value, from not being generally known to other persons (ii) is the subject of efforts by the disclosing party that are reasonable under the circumstances to maintain the secrecy of the information; and (iii) is identified by the Disclosing Party as “Confidential” and/or “Proprietary”. Confidential Information also means any internal communication and emails between both parties. The obligations of confidentiality and non-disclosure will be honored even after the termination of this agreement, except as required by governmental authorities.
The obligations of confidentiality shall not apply to any information that:
(a) was known to either party prior to its disclosure by the Company without any obligation of confidentiality;
(b) has become generally available to the public
(c) may be required in any report, statement or testimony submitted to any governmental regulatory body
(d) may be required in response to any summons or subpoena or in connection with any litigation; or
(e) may be required to comply with any law, order, regulation or ruling applicable to either party.
In case of (c), (d), (e), BEST offshore SERVICE Inc. will inform you prior to disclosing any confidential information.
13 INVALIDITY
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.
14 FURTHER DOCUMENTATION
If any other agreements are necessary to enforce the intent of this document, both parties agree to execute such provisions or agreements upon request.
15 JURISDICTION
These Terms & Conditions shall be interpreted construed and enforced in accordance with Philippine law and shall be subject to the exclusive jurisdiction of the Philippine Courts.
All clients are required to agree with the TERMS and CONDITIONS stated above before the commencement of any work. A separate SERVICE OUTSOURCING CONTRACT will detail the work to be carried out and includes details on confidentiality, hours of business, payment terms and notice period.
All information and documents relating to the work we do for you is treated in the strictest confidence.
