Terms of service
All Prices are in CAD Dollars | Last Updated: March 6, 2022
GENERAL DISCLAIMER
The information contained in this website is for general information purposes only. The information is provided by Cindy Girard, Virtual Assistant Pro, Independent Agent ofExpedia Cruises, Red Deer AB, and third party associated companies. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
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Eligibility
To be eligible to use our services, the Customer or company’s authorized representative must be at least 18 years of age. In order to be provided services by Cindy Girard, Virtual Assistant Pro, the Customer may be required to provide proof of identity to create an account and access our services. The Customer will be denied access to our services if proof of identity is refused. Services can be revoked or terminated at any time if the Customer does not adhere to the Terms & Conditions stated in this Agreement.
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Travel Consulting and Related Services | Terms and Conditions
These Terms and Conditions (Conditions) apply to all Consulting and Travel-related Services provided by Cindy Girard, doing business as Luxury Cruise & Travel by Design, as an Independent Agent for Expedia Cruises, Red Deer AB.
Please read these Conditions carefully.
1. Acceptance of these Conditions
1.1. Any instructions or request for information received by Cindy Girard (the Agent), doing business as Luxury Cruise & Travel by Design, as an Independent Agent for Expedia Cruises, Red Deer AB, from you (the Customer) for the supply of travel and travel-related services and related information, including about travel locations, cruise or flight times, dates and prices, accommodations, transportation, insurance, currency and schedules (Services) shall constitute acknowledgement by the Customer that it has received, and understands and agrees to these Conditions and will be bound by them. Any instructions received by the Agent for the supply of Services shall also constitute authorization for the Agent to act on behalf of the Customer in accordance with the Condition.
1.2. The Customer’s attention is drawn to specific clauses below which exclude or limit the Agent’s liability and limit the time for bringing claims against the Agent, being clauses 13, 14 and 15.
1.3. Nothing in these Conditions is intended to have the effect of contracting out of any applicable provisions of applicable laws in each of the Provinces and Territories of Canada, except to the extent permitted by those laws where applicable. If any legislation is compulsorily applicable to any Services, these Conditions shall, as regards such Services, be read as subject to such legislation, and nothing in these Conditions shall be construed as a surrender by the Agent of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these Conditions be inconsistent with such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.
2. Agency and Travel information
2.1. The Agent acts as an agent only and the Customer hereby expressly authorizes the Agent to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions and provide the Services. As an agent, the Agent does not make any contract with the Customer for the provision of services (other than the agency services). Instead, the Agent secures any Services by acting on the Customer’s behalf in establishing contracts with third-party service providers so that a direct contractual relationship is established between the Customer and such third parties. the Agent is not liable for the acts and omissions of such third parties. the Agent has no responsibility for the services of such third parties nor does the Agent make or give any warranty or representation regarding their standards or information. As discussed with your the Agent consultant, by placing a deposit or final payment on your reservation, you are accepting the terms & conditions of such third parties and you are advised to read such terms and conditions carefully.
2.2. All bookings are made on the Customer’s behalf subject to the terms and conditions and limitations of liability imposed by the third-party service providers. The Customer acknowledges that except as expressly permitted under these Conditions, all claims must be made against the relevant third-party service providers whose own terms and conditions apply to the Services. the Agent can provide you with copies of the relevant third-party service provider terms and conditions on request.
2.3. The information supplied by us regarding the Services is supplied to us by third-party service providers. We accept no responsibility for information supplied to us by such third parties. We recommend you confirm all information contained on or linked from the information we provide to the Customer with the third-party service provider.
2.4. Information about COVID-19 restrictions is provided as a courtesy to assist you in navigating the COVID-19 related travel requirements. It is ultimately the traveller’s responsibility to verify the requirements prior to travel and ensure that you meet the requirements for your trip. the Agent Luxury Travel will guide you but cannot be held responsible for any impact to your travel plans as a result of failure to meet the COVID-19 related travel requirements for your trip.
Please visit the following website for the most up to date information.
3. Prices
3.1. Unless otherwise stated by the Agent, the price for any travel booking is not guaranteed. All prices quoted are subject to availability and can be withdrawn or varied without notice. Price changes may occur because the third-party service providers who supply information to us may change the prices at any time and because of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and fare increases. Please contact the Agent at any time for up to date prices.
3.2. All amounts quoted are payable in the currency in which they were quoted. Foreign exchange fees, if applied to a charge, are beyond the Agent’s control and imposed by your credit card company. Please be aware that translating the amount quoted into your home currency will always be approximate until charged.
3.3. Other than the Agent’s fees, all other monies received by us from the Customer in respect of the Services are received by us as an agent for the third-party service provider. If for any reason, a third-party service provider is unable to provide the services for which you have contracted, your remedy lies against that third-party service provider, and not against the Agent. In the event we receive payment by credit card, you agree that you will not seek to chargeback or recover your payment or any other losses from us.
3.4. All air-only prices, are subject to increase and are not guaranteed until full payment has been received. The entire booking must be paid in full to protect the air-only price on the booking.
3.5. If final payments are not received by the Agent by the balance due date indicated to you by your the Agent consultant your reservation is subject to cancellation.
4. Passports, Visas and Travel Documentation and Standards
4.1. General Requirements
- a) All travellers must have a valid passport and/or visa for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. The Customer agrees to ensure that all travellers’ passports and visas are in order. The Customer agrees that all information, including personal information, which the Customer has provided can be provided to authorities and other agencies responsible for immigration- and aviation-related security measures. Please make sure that the spelling of all names provided to the Agent regarding the Services are as they appear on your passport. Note: Name changes, if permitted, may be subject to penalties assessed by the travel supplier.
- b) When assisting with an international travel booking, the Agent will assume that all travellers covered by the Services have a valid passport and/or a valid visa and other required travel documentation, as required. If this is not the case, the Customer must inform the Agent promptly.
- c) Passport, Visa and Health requirements are the responsibility of the Customer and all individual travellers. Valid passports are required for all travellers. To re-enter the US/Canada, you must have a valid passport, you need to show a valid Permanent Resident Card or a valid Visa or Work Permit. Immigration authorities in US/Canada and abroad have the sole discretion to deny entry even when the relevant travel documentation is provided, and their requirements are subject to change. For domestic travel within US/Canada, travellers must be in possession of government-issued photo identification. the Agent will assist in providing information based on the information supplied by the Customer. This information as well as other related information supplied by the Agent are supplied in good faith but should be treated as a guideline only. The final responsibility for ensuring documentation is correct is that of the Customer and the individual travellers.
- d) the Agent has no responsibility for the accuracy of the above information. the Agent is not responsible for any claims that may be made due to inaccurate or inadequate information regarding the above. Any fines, penalties, payments or expenditures incurred as a result of such travel documents not meeting the requirements of those authorities will be the Customer’s sole responsibility.
- e) The Customer acknowledges and agrees that all travellers are liable for any customs duties or other charges levied by government authorities against the travellers in relation to any travel arrangements and that no claims can be made against the Agent in respect of such duties and charges.
- f) Verification of travel documentation requirements must be done by the Customer and each individual traveller when travel dates near. Failure to provide the required travel documents may result in being denied travel privileges by the carrier or relevant authorities, without further recourse or the possibility of any refund. We recommend that you inquire with the Consular Affairs Bureau for Canadians Abroad or review online the Essential Information for Canadian Travelers Guide at www.travel.gc.ca to satisfy each individual traveller’s personal travel requirements. Some countries also require travellers to be issued a special international driver’s permit and/or international proof of insurance. We further recommend that US citizens consult the US Department of State website (www.state.gov) well in advance of your departure date. If you are not a citizen of the United States or Canada, you are responsible to obtain the latest up-to-date information on immigration and entry requirements for the destinations you will be visiting from your nearest Embassy or Consulate.
- g) In respect of cruise travel, if you have not received a package from the cruise line regarding immigration, visas and inoculations at least 30 days prior to sailing, please contact your the Agent consultant.
- Travel Insurance
The Agent strongly recommends that travellers take out appropriate travel insurance to cover their travel arrangements including to provide adequate coverage for medical expenses, personal accident, loss of baggage and curtailment or trip cancellation. Travel insurance is also strongly recommended for all overseas travel. It is the Customer’s responsibility to ensure travellers have adequate travel insurance for their journey. We have made buying Travel Insurance very easy and we strongly encourage you to purchase travel insurance and protect yourself before you go by inquiring further with your the Agent consultant.
6. Health and Vaccinations
The Customer must ensure that travellers are aware of any health requirements and recommended precautions relevant to their travel and ensure that they carry all necessary vaccination documentation. In some cases, international health certificates are also required and failure to present required vaccination and health documentation may deny travellers entry into a country. the Agent recommends that travellers consult with their local doctor, travel medical Centre or specialist vaccination clinic before commencing travel. General health advice for the destination you wish to visit is also available from the US Government and Government of Canada. It is also recommended to consult the embassy or consulate of your destination country in US/Canada for up-to-date information on entry and exit requirements before travelling abroad.
7. Amendment and Cancellation Fees
Cancelled or amended bookings may incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Fees and extra charges may also apply where a booking is changed and when tickets or documents are re-issued. Where the Agent incurs any liability for a supplier cancellation fee or charges for any booking which the Customer cancels or changes, the Customer agrees to indemnify the Agent for that fee or charge. IN THE EVENT OF A CRUISE, TOUR OR LAND CANCELLATION, A $250.00 DOLLAR PER BOOKING ADMINISTRATIVE FEE WILL AUTOMATICALLY BE ASSESSED BY the Agent. THESE ARE IN ADDITION TO ANY PENALTIES IMPOSED BY THE CRUISE LINES, AIRLINES OR TOUR OPERATORS.
8. Taxes and other Charges
Each cruise line or supplier reserves the right to collect any increase in taxes/port charges in effect at the time of sailing/travel, even if the fare has already been paid in full. If this occurs, the Agent is responsible to collect any increases on the cruise line/supplier’s behalf. The cruise lines also reserve the right to change an itinerary/port when they feel it necessary to do so. There may also be a local tax or surcharge charged at some airports which are payable by the traveller.
9. Flight Schedules Changes for Cruise
The Agent does not choose and has no control over air flights, times, seat selection or carriers that are part of all-inclusive air/sea packages. the Agent does not have control as to whether a flight is non-stop, has connecting flights, or requires an overnight stay. Flight schedules are determined solely by the respective cruise line with which you are sailing. If you have certain requirements that must be met concerning your flights, we recommend you speak to your the Agent consultant about an “air deviation request” which would involve a non-refundable extra charge by the cruise line OR book a “cruise-only” package and make separate air arrangements.
10. The Agent Fees, Payment and Expenses
10.1. Unless otherwise agreed in writing, the Agent’s fees are included in the prices quoted to the Customer and will be set out in invoices or receipts provided to the Customer. In the event the Agent agrees to grant credit to a Customer, any amounts payable under any agreement between the Agent and the Customer fall due and are payable within seven days of the date of the Agent’s invoice
10.2. Please note that additional airport and/or hotel and/or car rental fees and government taxes (other than sales tax) may not be included in your purchase. These are frequently collected at the destination. Seat selection on flights may also incur additional fees.
10.3. All airfares and tour/cruise operator rates are subject to change without notice if full payment for the booking has not been received. the Agent does not warrant that prices will not change until booking is paid in full and an increase must be borne and paid for upon demand by the Customer.
10.4. All amenities and or credits offered by the Agent shall only be applicable if travel is fully completed on arrangements where they were offered. Voluntary Cancellation or Cancellation/Suspension by a travel supplier will constitute a forfeiture of all amenities and or credits offered.
11. Force Majeure
11.1. Except as expressly provided otherwise in these Conditions, dates and times by which the Agent is required to render performance under these Conditions shall be postponed automatically to the extent and for the period that the Agent is prevented from meeting them by causes beyond its reasonable control. Such causes include, but are not limited to:
a)any condition beyond the Agent’s reasonable control (including, but without limitation, meteorological conditions, acts of God, riots, civil commotion, embargoes, wars, hostilities, terrorist threats, disturbances, or unsettled international conditions), actual, threatened or reported, or because of any delay, demand, circumstances or requirement due, directly or indirectly, to such conditions; or
- b) any failure by any third-party service provider to provide services; or
- c) any strike work stoppage, slowdown, lockout or any other industrial related dispute; or
- d) any government regulation, demand, or requirement; or
- e) any shortage of labour, fuel or facilities of the Agent or others; or
any fact not reasonably foreseen, anticipated, or predicted,
herein referred to as “Force Majeure”).
12. Liability and Limitations
12.1. The Customer acknowledges and agrees that the Agent is not liable in contract, tort or otherwise, for any injury, damage, loss, delay, or events caused by a Force Majeure, or any additional expense or inconvenience caused by the errors, omissions or default of third service party providers.
12.2. The Customer’s legal recourse in respect of any injury, damage, loss, delay, additional expense or inconvenience is against the specific third-party service provider only, except to the extent a loss has been solely caused by the gross negligence of the Agent. If for any reason any third-party service provider is unable to provide the services for which the Customer contracted, the Customer agrees to make claims only against the third-party service provider and further agrees not to make any claim against the Agent, unless the Customer’s claim arises solely because of the Agent’s gross negligence.
12.3. The Agent’s liability may also be limited to the extent that any other relevant law or convention limits the travellers compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage, for example, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation.
12.4. The Agent shall not in any circumstances whatsoever be liable for indirect or consequential losses such as (but not limited to) loss of profit, loss of market, or the consequences of delay or deviation, however, caused, whether the Agent had knowledge that such losses might be incurred.
12.5. Except as otherwise required under applicable laws, the liability of the Agent for breach of any guarantees or warranties under these Conditions, or howsoever arising, is limited to any of the following as determined by the Agent:
- a) the supplying of the Services again, or
b)the payment of the cost of having the Services supplied again.
12.6. Except as expressly provided in these Conditions or required by applicable laws, we make no representations or warranties of any kind with respect to the products or services supplied through the Agent. To the maximum extent permitted by law, we disclaim all implied representations and warranties including, without limitation, implied warranties that the products and services offered through the Agent will be of merchantable quality, fit for any purpose or will comply with any descriptions or samples provided to the Customer. To the maximum extent permitted by law, the Customer agrees to release the Agent and its shareholders, directors, officers and employees from all liability, cost, damages, claims and expenses (including direct, indirect, special and consequential loss or damage whether in negligence or otherwise) arising out of the supply or failure to supply or use or non-use of our Services or the third-party service providers’ products or services.
12.7. The travel products and services offered and promoted through the Agent are products and services of third-party service providers. Our role is solely to facilitate Customers’ travel arrangements as an agent of each Customer. Your legal relationship with respect to the third-party products and services is with the third-party service provider.
13. Time Limitation
13.1. Subject to applicable laws, any claim by the Customer against the Agent arising in respect of any Services provided for the Customer, or which the Agent has undertaken to provide, shall be made in writing and notified to the Agent within 28 (twenty-eight) days of the date upon which the Customer became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred.
13.2 Notwithstanding the provisions of Clause 14.1, but subject to applicable laws, the Agent shall, in any event, be discharged of all liability whatsoever and howsoever arising in respect of any service provided for the Customer, or which the Agent has undertaken to provide unless suit be brought and written notice thereof given to the Agent within three (3) months of the provision of the Services or when the Services should have been provided.
14. Privacy Policy
By providing personal information to the Agent, the Customer consents to the Agent collecting, using and disclosing the Customer’s and all travellers’ personal information. The Customer agrees that in certain circumstances (such as where the Customer requests the Agent to book travel), the Agent is permitted to transfer personal information to third-party service providers and for international travel to overseas recipients. Such recipients may include travel service provider(s) (e.g. airlines, transportation providers, accommodation and tour providers) with whom the Customer seeks to make a booking and government authorities and other agencies responsible for the related security or other relevant measures. Travel service providers will in most cases receive personal information in the country in which they will provide the services or in which their business is based. the Agent may also send personal information to the Agent’s overseas related entities and to service providers who perform services for the Agent outside of Canada. Generally, the Agent will only send personal information to these recipients regarding the facilitation of a travel booking and/or to enable the performance of administrative and technical services by them on the Customer’s behalf. Where the Agent transfers personal information to a travel recipient, the Customer agrees that the Agent will not be required to ensure the recipient’s compliance with Canadian or foreign privacy laws or otherwise accountable for how the recipient handles the personal information.
15. Changes to these Terms and Conditions
The Agent has the authority and the right to at any time it sees fit to change or modify all or any part of these Conditions.
16. Jurisdiction and Law
These Conditions shall be governed and construed according to the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute, controversy or claim arising out of, relating to or regarding these Conditions or the Services, including any question regarding existence, validity or termination of these Conditions, shall be referred to the exclusive jurisdiction of the Courts of the Province of Ontario and any Courts competent to hear appeals therefrom.
17 TRAVEL PLANNING SERVICES provided through:
Cindy Girard - Independent Agent
Expedia Cruises
Office Toll Free: 1-888-341-017
50B - 5250 22nd St.
Red Deer, AB, T4R 2T4
CGirard @ ExpediaCruises.com
Direct Ph/Tx: 1-587-327-0525
Travel Insurance Disclaimer
The information on this website is intended for general information and as an aid to understanding the products and services available through insurance suppliers offered by Cindy Girard. It is not designed to provide specific financial, legal, insurance, investment, or accounting advice. The customer has the wright to refuse to purchase recommended travel insurance, and must sign a travel insurance waiver when no travel insurance is purchased in connection with travel consulting provided by Cindy Girard.
This website contains information about coverages offered by suppliers of insurance but is not intended to list all the conditions and exclusions that apply to described coverages. Complete provisions, exclusions, and limitations are set out in policy wording booklets, declarations, and other insurance documents.
CINDY GIRARD’s products and services are only available in the Canadian jurisdictions where they may be legally provided.
The products and services described on this website may change without notice. To ensure you have the most current and complete information, or if you have any questions, please contact Cindy Girard or the supplier directly.
Travel Disclaimers
The following terms and conditions apply, in addition to the Terms of Use (provided by each Supplier), to all products, services, and information provided by Cindy Girard Travel Agent/Virtual Assistant Professional.
CINDY GIRARD IS AGENT ONLY – SUPPLIERS ULTIMATELY RESPONSIBLE
CINDY GIRARD acts only as an agent for airlines, hotels, railroads, cruise lines, rental car companies, travel insurance companies, and other providers of accommodation, transportation, tour, and other services (the “Suppliers”). All products and services provided by the Suppliers are subject to the terms and conditions established by the Suppliers and may be changed without notice at any time. To the extent reasonably possible, CINDY GIRARD will assist the Customer in dealing with Suppliers, but the ultimate responsibility for Supplier’ products and services is with the Supplier and beyond CINDY GIRARD’s control.
Use of CindyGirard.com Services and/or Products/Merchandise
Cindy Girard, Virtual Assistant Pro provides adequate communication methods, payment platforms, and work submission methods for all customers.
All work will be performed in a timely manner by Cindy Girard, Virtual Assistant Pro, and any authorized subcontractors. By using any of our services, the Customer agrees that Cindy Girard, Virtual Assistant Pro’s subcontractors are able to contact, provide information to, and, upon authorization of the Customer or an authorized representative of the Customer, purchase necessary information, requirements, and/or products from third party providers for the purposes of carrying out requested services or work.
The Customer agrees to not engage in the following prohibited activities:
(i) Copy, distribute, or disclose any part of any services provided by us.
(ii) Use any automated system to access Cindy Girard, Virtual Assistant Pro services without permission.
(iii) Communicate any spam, chain letter, unsolicited email, SMS, or other unsolicited messages unrelated to the business relationship.
(iv) Interfere or attempt to compromise the veracity or security of Cindy Girard, Virtual Assistant Pro, or decrypt any and/or all communications that are responsible for running any servers that operate our services.
(v) Impose or take any action to inflict any load that is excessively large to our system.
(vi) Upload any invalid data or any file or coding that may cause harm to our software including, but not limited to, viruses and worms.
(vii) Accumulate any information in relation to Cindy Girard, Virtual Assistant Pro’s services for your own personal use.
(viii) Privately solicit any Cindy Girard, Virtual Assistant Pro subcontractors for services.
(ix) Copy another person’s identity for fraudulent purposes.
(x) Interfere or attempt to interfere with the normal operations of services offered by Cindy Girard, Virtual Assistant Pro.
(xi) Use any other means of access other than those authorized and provided by Cindy Girard, Virtual Assistant Pro to access the content.
(xii) Avoid any procedures used by Cindy Girard, Virtual Assistant Pro to restrict access to our services.
Cindy Girard, Virtual Assistant Pro has the right to, without prior notice, change any services provided or stop any services provided to customers generally, as well as limit usage for any or all services. We also have the right to permanently or temporarily suspend access to any or all services without notice for any or no reason for any customer, upon violation of these Terms & Conditions.
Cindy Girard, Virtual Assistant Pro Accounts
Having an account with Cindy Girard, Virtual Assistant Pro allows the Customer to have access to our services, which can be refined over time. Regarding the use of any third-party services, the Customer grants Cindy Girard, Virtual Assistant Pro the access to use, for the purposes of handling requested work, any information provided by that service and to also store any log-in authorizations used for that service. The Customer will not be able to use any other customer’s account, information, documents, or other data without their permission.
The Customer must provide complete, up-to-date, and accurate information at the time of account set-up, payment of services and initialization of those services. Any updated information should also be provided to Cindy Girard, Virtual Assistant Pro promptly. Failure to do so may result in the inability to have access to Cindy Girard, Virtual Assistant Pro services.
Any activity occurring on the Customer’s account is the sole responsibility of the Customer, including, but not limited to, security. In the event of a breach of security, the Customer must contact Cindy Girard, Virtual Assistant Pro immediately. Cindy Girard, Virtual Assistant Pro, and/or subcontractors, will not be held responsible for any losses associated with unauthorized use of any log-ins, information, account, etc..
The Customer grants Cindy Girard, Virtual Assistant Pro access to use of any email addresses provided, to send any service-related notices or updates, including notices required by law. The email address provided may also be used to send any other important information, including new features or changes being made to services, special offers, promotions, etc.. If you are not in agreement with this or would not like to receive any of these emails, please contact us at cindy (at) cindygirard (dot) com. Doing this may prevent you from receiving important or helpful information from Cindy Girard, Virtual Assistant Pro.
Virtual Assistant Service Package Type
1. Time Packages of differing numbers of service hours are available and are valid for the duration specified from the date of purchase. These time packages are then tracked by the 15 minutes for usage, with monthly reports provided at no additional charge, to ensure the customer knows how much time is left on their pre-paid package.
2. Customized Service Packages for various items can be purchased and will be valid for the duration provided in the scope of work and/or terms of service agreement, and no more than 180 days from the date of purchase. These pre-paid customized packages are created as a set grouping of services, including an anticipated amount of time required for these services to be performed.
3. Hourly Rates for certain ongoing work may be negotiated and invoiced. Weekly invoices for billed work are due upon receipt.
Pre-paid services are non-refundable, non-transferable, and may not be resold. Ownership of any pre-paid services will remain with the original purchaser due to the custom nature of the service provided.
Payments for Virtual Assistant Service Packages
Pre-paid services can be set up to automatically renew through our automated billing system. This is not a requirement, but a convenience to the Customer. If the Customer does not wish to automatically renew services, then work will end at the time that the service package has been exhausted. Cindy Girard, Virtual Assistant Pro will make every effort to contact the Customer with adequate notice, if at all possible, to advise on the status of the service package prior to it being exhausted.
All payments to Cindy Girard, Virtual Assistant Pro can be made by credit card through the website by purchasing a package, or by email as a customized package or agreement and paid for by direct deposit e-transfer. Wire transfer or cheques will not be acceptable forms of payment. In the event the Customer is required to have access to their own email and internet, documentation of the agreement and an invoice will be sent by email, and e-signatures are required by the customer, prior to commencement of services.
The Customer is responsible for paying any taxes related to the purchase or transaction of any Cindy Girard, Virtual Assistant Pro service if applicable.
All invoices are due upon receipt. Late charges will apply on invoices unpaid for more than 10 business days, in the event where services have already commenced or have been completed, or in the event that products subject to GST appear on the invoice. Late charges will be based on 10% of the invoiced amount and re-applied monthly on all outstanding amounts. All outstanding invoices left unpaid for 90 days will be sent to Collections.
It is understood that receipt of payment by Cindy Girard, Virtual Assistant Pro constitutes agreement to the Terms & Conditions, as written. Failure by the Customer to conduct business within this specified framework will not be accepted by Cindy Girard, Virtual Assistant Pro, and may result in the Customer's account being terminated without refund.
Submission and Handling of Work
All work tasks (referred to in any manner, including as projects, assignments, work, tasks, jobs, workload, etc.), should be submitted either through a web form provided, google docs, via email, or through our private virtual office - you will receive an invitation to unlock your virtual office door. In cases where work tasks cannot be submitted by any of these methods, arrangements will be made for shipping, at the sole cost of the Customer. Work will not be started on any submitted items without a pre-paid package or pricing/payment schedule in place.
Cindy Girard, Virtual Assistant Pro will make every effort to schedule and complete the work in a timely manner, and will be in touch regarding anticipated timelines, should the predetermined time frame be inadequate for the workload. In the case where Rush Service is requested, rush charges will be applied as either a time or monetary value, if Cindy Girard, Virtual Assistant Pro is available as follows:
25% surcharge - within 36 hours
35% surcharge – within 48 hours
50% surcharge – within 24 hours
75% surcharge – within 12 hours
Please note that we will do everything possible to meet the Customer's deadline request, as well as to keep within our own work completion guidelines, however, due to potential unforeseen circumstances, deadlines are never guaranteed. We will do our best to keep you informed of our progress and anticipated completion times.
There may be occasions when, for legal and/or logistical reasons, Cindy Girard, Virtual Assistant Pro may be unable to perform the work requested. In this case, we will inform the Customer as soon as possible regarding the issue.
Cindy Girard, Virtual Assistant Pro, and/or our subcontractors will turn away any work that we are uncomfortable with due to an issue of ethics or potential legality. For example, we will not engage in writing a paper on behalf of a student for a university course, but we will provide proofreading, editing, and formatting of a university paper.
Cindy Girard, Virtual Assistant Pro is not responsible for any difficulties or legal issues resulting in handling or not handling any work tasks requested by the Customer. All finalized work done by Cindy Girard, Virtual Assistant Pro is solely the responsibility of the Customer to review for accuracy, procedural compliance, any and/or all legal requirements, and/or any other undesirable and/or unlawful result or results that may arise. It is always the Customer’s responsibility to safeguard against any potential issues similar to those stated above. It is always the Customer’s responsibility to review the final version of any completed work for correctness, compliance, and accuracy.
Therefore, no warranty or guarantee will be made by Cindy Girard, Virtual Assistant Pro on any work tasks or assignments performed by Cindy Girard, Virtual Assistant Pro, and/or any of its subcontractors. Cindy Girard, Virtual Assistant Pro, and/or any of its subcontractors, will not be held liable for any damages and/or undesired outcomes resulting from incorrect, erroneous, incomplete or late work.
Ownership/Copyright of Written & Creative Work
Copyright is the exclusive right to produce, reproduce, perform or publish a work. In Canada, copyright exists automatically in an original work as soon as the work is created, without any registration required. Under international agreement, copyright in literary works lasts for the author's lifetime, plus at least 50 years. Copyright is considered "intellectual property" and can be bought, sold, assigned.
Cindy Girard owns the copyright to all her work unless the copyright to the work is "assigned" to someone else by written agreement. A client purchasing work from Cindy Girard (Freelance Writer) is actually licensing specific rights to use the work in clearly defined ways.
Any original work created for the Customer by Cindy Girard, and/or subcontractors is owned by Cindy Girard. Cindy Girard grants the Customer the permanent, non-exclusive, non-transferable license to use this work. The Customer may use the produced work for personal and/or commercial purposes. In the absence of a signed agreement to the contrary, the only right being licensed to someone purchasing a work from Cindy Girard is "first Canadian rights." This means simply that the purchaser is licensing the right to publish the work once in Canada in print form.
Contractual signed agreements between Cindy Girard and a Customer will also include licensing rights as follows:
Publication rights: the right to use a work in a specific published form.
Electronic rights: refers to licensing work for commercial use in electronic form
Language rights: covers translation of a work into specific languages.
Cindy Girard retains the right to use and release any work completed for the Customer as a demonstration of, or samples of work provided. This may be via any third party, as long as in doing so, any confidential and/or sensitive and/or non-public information removed, and therefore not included in the transaction.
Privacy / Confidentiality
Private and/or confidential information collected by Cindy Girard, Virtual Assistant Pro will always be kept closely guarded, however, may be disclosed, per the Privacy Policy, in the event of any legal obligations such as a subpoena, warrant, police investigation, or in the event of the Customer’s account being sent to collections due to non-payment.
Collected personal information may be used by Cindy Girard, Virtual Assistant Pro for relevant promotional purposes, service change updates, and necessary contact by subcontractors of Cindy Girard, Virtual Assistant Pro. Please see the Privacy Policy for more information on this topic.
Cindy Girard, Virtual Assistant Pro values your personal information and the security and integrity of it. We are not, however, able to guarantee the security of any personal information against improper use by any third party. The Customer understands that providing personal information always carries some measure of risk and that this risk is borne by the Customer solely.
Intellectual property owned by the Customer remains the property of the Customer, including any patents, trademarks, and original work or ideas provided to Cindy Girard, Virtual Assistant Pro during the processing of work tasks.
Cancellation of Services
Any ongoing, regularly scheduled work may be canceled or postponed at any time by the Customer. Cancellations must be made in writing via email to cindy (at) cindygirard (dot) com. Recurring monthly prepaid services require 30 days advance notice for cancellation of pre-authorized recurring payments. There is no cancellation notice required for customized work packages. No refunds will be offered on any prepaid services and/or packages.
Non-Solicitation
Cindy Girard, Virtual Assistant Pro operates as a tight-knit team with subcontractors. Creating an operation that works tightly and cohesively as a team, for the purpose of providing superior service to our customers, is based on the integrity of this team and the diverse skill sets provided by Cindy Girard, Virtual Assistant Pro.
The Customer agrees to and understands that Cindy Girard, Virtual Assistant Pro has a separate agreement with each subcontractor, and further agrees to and understands to not directly approach any subcontractor outside the scope of the services requested and conducted by Cindy Girard, Virtual Assistant Pro for the purpose of working outside of the Cindy Girard, Virtual Assistant Pro platform/system/infrastructure. This acknowledgment and agreement remain in effect during the period of service, including while unused but active purchased service packages remain available. This acknowledgment and agreement remain in effect for a further 365 days past the last day of service and/or expiry date of any purchased package. This includes any unforeseen or foreseen termination of the relationship between the Customer and Cindy Girard, Virtual Assistant Pro for any reason and/or no reason. This also includes any unforeseen or foreseen termination of the relationship between any subcontractor and Cindy Girard, Virtual Assistant Pro for any reason and/or no reason.
Should any working relationship between a Cindy Girard, Virtual Assistant Pro subcontractor (who worked on the Customer’s file within the previous 365 days prior to leaving Cindy Girard, Virtual Assistant Pro) be uncovered, the Customer agrees to pay Cindy Girard, Virtual Assistant Pro in the form of liquidated damages for the lost investment of its subcontractor and/or future lost revenue, the one-time sum of $5,000.00 Canadian (Five Thousand Canadian Dollars).
Insurance
The Customer agrees to adhere to, defend and hold harmless Cindy Girard, Virtual Assistant Pro, and any sub-contracted associates from and against any and/or all claims, damages, or losses costs or debt, and expenses (including attorney fees), in accordance to:
(i) Use of any services provided by Cindy Girard, Virtual Assistant Pro, including permissible data.
(ii) Violation of any Terms mentioned in these Terms & Conditions.
(iii) Any third-party right violation, in relation to privacy rights, property rights, and third-party provider rights.
(iv) Any violation of law and/or regulations.
(v) Any inaccurate information.
(vi) Any misconduct.
(vii) Any third-party access to services using any information related to the Customer's Cindy Girard, Virtual Assistant Pro account.
Copyright
This website and its contents are copyright CindyGirard.com and associated companies. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download to a local hard disk extract for your personal and non-commercial use only. You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content, nor may you transmit it or store it in any other website or other forms of the electronic retrieval system.
All services provided by Cindy Girard, Virtual Assistant Pro are subject to these Terms & Conditions, including all communications and any further written agreements made between the Customer and Cindy Girard, Virtual Assistant Pro, as well as any further communications and/or statements made by Cindy Girard, Virtual Assistant Pro on the website or through any other written communication method, in addition to the stated Terms & Conditions listed in this document
Cindy Girard, Virtual Assistant Pro reserves the right to modify the Terms & Conditions and/or the Privacy Policy at any time, without notice. It is the responsibility of the Customer to review these documents from time to time to stay current on any changes. By continuing to use our services, it is understood that the Customer continues to agree with, and be bound by, the Terms & Conditions, as written. Resolution of any dispute between the Customer and Cindy Girard, Virtual Assistant Pro will be governed by the Terms & Conditions listed at the time that the dispute occurred, and according to the Laws of the Province of Alberta, Canada.