Terms and Conditions

Scope

These are the general conditions for using the www.octhopus.com (from now on "Octhopus") site, which defines the rights and duties of the parties involved in the framework of the services offered by Octhopus and the use of this webpage. By entering the Octhopus site, the user declares to know, apprehend and accept these terms and conditions.

Octhopus reserves the right to modify in any given time and without notice the present terms and conditions.

It shall be understood that the terms have been modified just with the publication of the modifications made to the terms. It is the responsibility of the user to enter and review every time they visit the Octhopus website, the present Terms and Conditions.

The terms, conditions and their modifications will be applied immediately after their publication on the Site. The use of the Site, after any modification is made, will be deemed as acceptance by the User of the modifications introduced to the terms and conditions.

Octhopus Site

Octhopus offers in its site, a virtual assistance service for its users, through online virtual assistants "recruitment", who will be able to carry out activities such as management, basic accounting, marketing, human resources, translation and / or overall coordination, according to the service package per hour that is hired by the user, as described further on.

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

The client is binded to pay to Octhopus the amount established in the hired package. 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, uploaded frequently, that may be canceled by the client at any time. Any additional expense required to execute the task assigned by the client, must be paid by the latter in advance so that this task can be carried out. In the event of payments to third parties, the client must have a paypal account, have registered the card directly with the supplier or make the corresponding payment directly, given that Octhopus will not be responsible for handling bank account data.

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

In case the client requires to make changes in the hired package this will be subject to the availability of the assigned assistant. The package may be decreased as long as notice is given one month in advance to Octhopus.

Octhopus offers its services in a business schedule from Monday to Friday between 9 am and 6 pm Central Time, any activity outside these schedule will be considered urgent or after hours and will have an additional cost. On official rest days in Mexico, Octhopus is not obligated to provide service.

If all the hours in the month were not used, up to 2 hours can be accumulated in packages larger than 10 hours, and 4 hours in packages larger than 20 hours; as long as they are kept in the same package or a larger one, and the service is hired in the following month (the hiring of the following month should not be longer than 5 days after its expiration in order to retain the hours not used). These hours will not be accumulated.

Octhopus has the basic software needed to carry out administrative and marketing tasks employed by the client, however if it is the client's interest to use a specific software, the rights of the same must be paid by the client at the end of the relationship between the parties, such rights will be the property of the client.

The virtual phone number, when requested, is a service hired with Callpicker.com. You can hire the telephone service for receiving calls with another supplier, directly with callpicker or send telephone equipment.

Octhopus is not responsible for any failure in the Callpicker's system.

Octhopus declares that, it will have and maintain, during the term in which the services were hired, a strict adherence of quality of service, as well as an optimum level of confidence 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, renewing when the payment is made.

In evident probable cases of omission regarding Octhopus, the client may request the early termination of the service, so that 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 by the same means with which the customer has made their payment.

Once the client expressed its approval regarding the refund amount, Octhopus will do the following:

• Submit to the client any document that has been collected by Octhopus regarding service performance;
• Deliver to the client a severance with the total settlement undertaken in this act by Octhopus, completely releasing the latter from any contingency derived or arising from this contract, including but not limited to those related to service payment as agreed in terms of this instrument; and
• Be obligated to the client, in the settlement document mentioned in the previous point, to take it out safe and harmless from all derivative contingency or resulting from this contract or of the service delivered by Octhopus, including but not limited to the payment of damages caused to the client, its employees, shareholders or customers, for disclosing the information provided in terms of this contract itself that is considered confidential and classified.

If the client would like to hire privately the assistant with whom he was working with in Octhopus, he must pay Octhopus $ 40,000 (Forty thousand pesos 00/100 M.N.) for recruitment and training expenses. The client can hire a maximum of 2 assistants in a five year period.

Octhopus Hunter Package

The Octhopus Hunter service is in charge of the search for assistants according to the client's needs. Octhopus searches, interviews, selects, applies exams, psychometric tests, personality tests and work references; and delivers 3 candidates according to what was requested.

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

The client is responsible for hiring the assistant under the conditions, salary and contracts defined by the client.

Octhopus is not responsible for the veracity of the results of psychometric tests, personality tests and work references. These studies are conducted by third parties. 

If Octhopus does not find 3 profiles as specified by the client at the time of hiring, Octhopus will make a 100% refund to the client.

Octhopus is not responsible for the work performed 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 10 working days. If the client takes longer than this, he/she runs the risk that the candidates on the shortlist may be selected in other selection processes in which they may be participating. Octhopus is not responsible for the loss of candidates in such a case.

Two additional and final candidates can be delivered if, within 30 days of being hired, the assistants do not met your requirements.

Octhopus Client Relationship 

Once the services that Octhopus offers through the Site have been contracted, Octhopus states that (i) there is no labor relationship between Octhopus and the Client and (ii) that Octhopus is responsible for the staff under its charge, working relationships and service that collaborates with him, which he will use for the fulfillment of the contracted service, reason for which he delimits and releases the Client of any labor and / or social security responsibility with the employees of Octhopus. 

Octhopus Statements

Octhopus declares that the content, image, organization and structure of its site do not violate any law or regulation to which it is subordinated, nor any contract, document or agreement of which is part of.

User Restricitions

It is strictly forbidden for the user to change, copy, distribute, transmit, display, perform, reproduce, publish, license or create derivative works of the information acquired through this Octhopus site, as well as the transfer or sales of any information, softwares, products or services related to it.

Limitations of Guarantee

Octhopus makes no guarantee to the user including guarantee on the contents and operation of its site. 

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

You are the only responsible for any damage suffered by your equipment in the instance of using the site, specifically including without limitation, loss of data, or any other damage.

Intellectual property

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

It is forbidden for the user to distribute copies of the Octhopus site, as well as, any other form of usage other than the propietary of Octhopus; it is forbidden to conduct reverse engineer in the development or creation of other projects, of any form of analysis of its composition, of the availability of Internet access in any direction that is not initiated by the electronic address of Octhopus and its channels, of the disclosure of unauthorized files and the unlawful release of access to third parties.

Octhopus expressly retains all rights, titles and interests over and in respect of the entire intellectual property used and developed in connection with the Service and / or the Site. These terms and conditions and the use of the Site or the Service do not give You any right or license of use of such intellectual property, except as expressly authorized and indicated in these terms and conditions.

Privacy Policy

The use of the Site is bound to, and You must comply with, the privacy policy of Octhopus, which is available on the Site and is incorporated by reference, forming part of these terms and conditions by reference, with the understanding that it is subject to change without notice, at the discretion of Octhopus.

Such privacy policy compels you to make your best effort to maintain with reliance all and any personal data of the user who has Octhopus registered on this site.

Notifications and conflict resolution

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

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

For the interpretation, fulfillment and execution of these terms and conditions, the parties expressly submit to the jurisdiction of the competent courts in Mexico City, Mexico, resigning any other jurisdiction that by reason of their present or future addresses could correspond.

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In case of any doubt regarding these terms and conditions, we are at your service at the following email address: clientes@octhopus.com