Last Modified: April 1, 2020

 

Terms of Service

ClearDesk ("Us" or "We") provides the www.thecleardesk.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

 

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

 

These Terms of Use are effective as of the "Last Modified" date identified at the top of this page. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. However, for any material modifications to the Terms of Use or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Use will automatically be effective upon the earlier of (i) your continued use of this site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Use on this site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Use in effect at the time such dispute arose.

 

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

Overview of our Services:

To ensure the quality of the ClearDesk experience we have set up our terms of service for our mutual benefit. If you violate these rules it will mean you've broken the terms of service and this may result in a termination of your account.

 

Tasks and concierge requests are non-transferable. You cannot sell or give away tasks on your plan but you are more than free to buy a plan for your friends, family and loved ones—they'll love you and so will we. Your ClearDesk account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.

 

All ClearDesk plans are governed by a monthly hour limit by plan type. If these hours are unused by the next billing cycle, the hours will not carry over to the next cycle.

All ClearDesk plans are monthly agreements at advertised or contracted rates which may at times begin with an initial period in which services are discounted (limit 1 per person and/or company) which begins at the moment of signing up. This is not a trial, this period is meant to cover the costs for some basic training and task refinement. Assigning your Virtual Assistant may take 3 - 5 days from the moment of sign up. The ClearDesk may decide for any reason that monthly subscription prices need to be raised or decreased without notice after the contracted period. Advertised Prices are subject to add on fees for custom solutions that you require which are outside of the typical solutions our Virtual Assistants can perform. 

 

Any agreement or attempted agreement between client and assistant, in connection with a service contract, requiring that payment be made outside of The ClearDesk shall constitute a material breach of this agreement and be subject to cancellation without refund.

 

Requests & Tasks:

Each request (task) for your virtual assistant must be submitted by phone, email or SMS. You're more than welcome to submit multiple tasks at one time. You will have one Virtual Assistant dedicated to your use and needs for task work. You may request a change of virtual assistants at any time, for no added cost. This process will be completed by us within an amount of time we consider to be reasonable (usually 72 hours) although this may not always be the case. Your Virtual Assistant is dedicated to you, but may not be exclusive. Our Virtual Assistants may be working on tasks for another customer, depending on your contracted monthly hours.

 

If you ever feel like your service could be better, you can contact us by telephone or email us at info@thecleardesk.com. That should give you a good idea of what we're able to accomplish and what we simply cannot do. Agreeing to these terms of service means you understand and agree to keep your tasks within the scope of our business.

 

Ownership and Confidentiality of Work Product:

If a Virtual Assistant creates anything original for you, such as research projects, reports, templates, spreadsheets, forms, etc. ("Work Product"), The ClearDesk 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.

 

To avoid doubt, you retain sole ownership of your confidential information and your intellectual property and, to the extent your confidential information or intellectual property is incorporated into the Work Product, it will be removed prior to any use or disclosure by The ClearDesk to a third party.

 

As used in these Terms of Service, your confidential information means non-public information that you provide to The ClearDesk or a Virtual Assistant that you reasonably expect The ClearDesk to keep secret, including your personal information (i.e., your name, your social security number, your credit card information, and similar information), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by The ClearDesk or a Virtual Assistant; (2) was or becomes available to The ClearDesk or a Virtual Assistant on a non-confidential basis prior to your disclosure of the information to The ClearDesk or a Virtual Assistant; (3) is independently developed by The ClearDesk or a Virtual Assistant without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect The ClearDesk's rights or property, or the rights or property of Virtual Assistants or our other clients.

 

As used in these Terms of Service, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with creation of the Work Product.

 

Guarantee & Warranty:

There is no warranty on any of the information, tasks, or projects your Virtual Assistant completes for you. What we will promise is that we'll do our best to provide the most accurate, most effective information available and we know Virtual Assistants do this better than anyone else. However, if we give you information or results that are wrong, although we'll be deeply sorry, you can't hold us liable for it (or the results) legally.

  

Termination of Service:

We reserve the right to terminate the service of a ClearDesk client at any time — for any reason. Should this occur, we will give you a prorated refund at the standard monthly rate for any period for which you have already paid. That means that rarely and under great duress we may end our relationship with a client for any number of reasons including but not limited to the following:

 

If the client is constantly requesting tasks outside the scope of their service plan and we're unable to find a solution by scaling back the requests

 

If the client is abusive to his/her assistant or any other ClearDesk team member

If the client requests illegal tasks or tasks deemed unethical of their ClearDesk team member

 

ClearDesk Terms of Service Non-solicitation Provision:

I acknowledge that ClearDesk has made substantial investments in recruiting, training and matching skilled ClearDesk assistants with each of its members including me, and that ClearDesk has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that ClearDesk has agreements with ClearDesk assistants that protect this interest by requiring that ClearDesk assistants obtain ClearDesk's prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the ClearDesk member to whom they were assigned. Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twenty four (24) months immediately following the termination of my relationship with ClearDesk for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any ClearDesk assistant who is assigned to me at that time or who was assigned to me within the six months preceding termination of my relationship with ClearDesk to leave his or her employment with ClearDesk and to work for me in any engagement directly or indirectly. I shall also not directly or indirectly solicit any ClearDesk assistant referral, friend, family or acquaintance.  Should any solicitation by me become a substantial factor resulting in a ClearDesk assistant leaving ClearDesk and accepting an engagement with me directly or indirectly without ClearDesk's consent, I agree to pay ClearDesk as liquidated damages calculated to compensate ClearDesk for its lost investments and not as a penalty of any kind, a one-time fee equivalent to two years of my monthly ClearDesk subscription in effect at the most recent date that the ClearDesk assistant had been assigned to me by ClearDesk.

Data Rights and Protection:

The ClearDesk has the utmost respect for our customers’ privacy and information protection. Given the ever changing regulatory environment, we strive to stay ahead of the curve. If at any time a customer discontinues their relationship with The ClearDesk, the customer can request that his or her personal data is wholly erased from our records.

 

In our mission to ethically and lawfully serve our customers we have the following policies in place in order to adhere to international and domestic law:

Obtaining Consent:

The ClearDesk wrote our terms of service to make it as understandable and straightforward as possible. Our valued customers are able to give and rescind consent at any time. 

 

Data Portability:

This gives users rights to their own data. Customers will be able to obtain their data from The ClearDesk in an electronic report and reuse that same data in different environments outside of ours.

Privacy by Design:

The ClearDesk has a full and detailed map of our data collection process and the various parties privy to that data The ClearDesk has specifically designed its systems and trained its staff to maintain customer privacy. We strive to continue to improve and adapt this design to be forward looking.

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