Terms & Conditions
- DESCRIPTION OF SERVICES. Legends will provide to Client the following services (collectively, the "Services"): Virtual Assistant (VA) Matchmaking services including (but not limited to) sourcing qualified VA's for introduction, formal introduction of VA's to Client, and assistance/guidance with choosing the VA most suited to the Client's business or personal needs.
- EXTENT OF SERVICES. Legends will provide no less than two (2) independent Virtual Assistants for the Client to interview and choose between for placement with the Client. Upon the selection of the Client’s desired Virtual Assistant, the Client hereby agrees to sign a separate contract or agreement with that Virtual Assistant. If the Virtual Assistant does not provide such a contract, Legends agrees to provide a contract template that may be customized at the discretion of the Virtual Assistant and the Client. The date on which said contract is signed by the Client and the Virtual Assistant will herein be referred to as “The Date of Placement” or “Placement Date”.
- INDEPENDENT CONTRACTORS. All Virtual Assistants that Legends refers to are Independent Contractors and are not Legends employees or agents. They have been thoroughly interviewed, assessed and evaluated by Legends based on skill, experience and other applicable factors as a condition of their agreement with Legends. Legends is not liable for past, present or future actions of any and all Virtual Assistants we may refer to. All Virtual Assistants that Legends refers to have authorized Legends to act as their agent in order to negotiate and refer on matters including (but not limited to) number of hours worked per month and hourly rate of pay. Each Virtual Assistant, as an Independent Contractor, can and may amend any statements or prices set by Legends, including the increase or reduction in hourly rate of pay, services provided, and other matters negotiated directly between the Client and Virtual Assistant. Such amendments or negotiations are not a reflection of Legends or its employees.
- PAYMENT FOR SERVICES. In exchange for the Services, the Client will pay Legends a one-time matching fee determined by the Legends Team.
- TERM. These Terms and Conditions will remain in effect for a period of sixty (60) days following the Client’s placement with the independent Virtual Assistant.
- CONFIDENTIALITY. Legends, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Legends, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. Legends and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.
- NON-SOLICITATION. During the term and for one (1) year after any termination of the relationship, both Legends and the Client will not directly or indirectly [on the party’s own behalf or in the service or on behalf of others], in any capacity:
- Solicit Business. Solicit the business or patronage of any Customer for any other person or entity,
- Divert Business. divert, entice, or otherwise take away from the Companies the business or patronage of any Customer, or attempt to do so, or
- Terminate Business. solicit or induce any Customer to terminate or reduce its relationship with the Companies.
- WARRANTIES & REMATCHING. Legends shall provide its services and meet its obligations under these terms in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Legends' community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Legends on similar projects.
- The Client has properly followed any and all cancellation policies applicable in their individual contract with the Virtual Assistant. Failure to follow the cancellation policies outlined in the Virtual Assistant’s contract will result in the forfeiture of the Client’s right to a complimentary and free rematching without additional fees.
- The Client has not been in any way abusive in conduct towards the Virtual Assistant their contract was with. Any notification of abuse by the Virtual Assistant in regards to the Client will automatically result in a forfeiture of the Client’s right to a complimentary and free rematching and an immediate termination of the Client’s Agreement and relationship with Legends without refund.
- The Client notifies Legends via a written notice (e.g. letter to be mailed, email, etc.) of their need for a rematch with another Virtual Assistant within 60 days of the Date of Placement with the initial Virtual Assistant, and provides sufficient explanation in that notice of the reasons they require a rematch. Any need for a rematching that falls outside this 60 day period will result in an additional fee to be paid by the client, not to exceed the initial fee paid and agreed to in Section Three (3) of this Agreement.
- REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate their relationship by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have fifteen (15) days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
- REFUNDS. Refunds of any fees paid in conjunction with these terms will only be issued if all of the following provisions are met:
- Legends fails to provide an introduction and subsequent match to an independent Virtual Assistant
- Legends provides the Client with at least two (2) independent Virtual Assistant options, and both fail to meet the client’s expectations prior to placement
In the event that Legends has referred the Client to a Virtual Assistant and the client desires to terminate their contract with that Virtual Assistant within sixty (60) days following the Date of Placement, the Client is eligible for a complimentary and free rematching with another Virtual Assistant providing all of the following provisions are met:
Once the Client has signed a contract with their chosen Virtual Assistant on the Date of Placement, the Client hereby forfeits their right to a refund of fees paid to Legends as a part of this Agreement.
In the event that a Virtual Assistant candidate is provided to the Client and for whatever reason the Virtual Assistant is not deemed a suitable match, Legends will make every reasonable attempt to rematch the client with a suitable Virtual Assistant, per the terms of this agreement. Should the Client decide after every reasonable effort has been made that they do not desire placement with a Virtual Assistant, the Client is entitled to no more than a 50% refund of all fees paid upon execution of this contract. The amount of such refund is at the discretion of Legends.
Any fees paid in conjunction with the rematching of the Client with a different Virtual Assistant (as outlined in section 6.3 of this agreement) are non-refundable.
- ENTIRE AGREEMENT. These Terms contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
- SEVERABILITY. If any provision of these Terms will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
- AMENDMENT. These Terms may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
- GOVERNING LAW. These Terms may be construed in accordance with the laws of the State of Oregon at the discretion of Legends and their designated legal representation.
- NOTICE. Any notice or communication required or permitted under this Terms shall be sufficiently given if delivered in person, by certified mail, return receipt requested, or by email (with confirmed receipt via a reply to said email) to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
- ASSIGNMENT. Neither party may assign or transfer this Terms without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.