Effective From:  February 1, 2024

We acknowledge and appreciate your interest in using our Benmak Virtual Assistants Services, herein called the “Services”. At Benmak Virtual Assistants, we are on a mission to serve and elevate professionals and their organization by taking up what eats their time and helping them focus on leading the organization and building strong teams as we handle the administrative work for them, design and manage websites for them, grow their social media presence, create and share content for them, and literally, collaborate with them to build their brands.  

This document explains the terms by which you may use our Services. These Terms and Conditions (these “Terms”), including the Data Privacy Policy and Disclaimer, each dated as of the Effective Date and incorporated into these Terms by reference, as well as any other policy incorporated herein by reference, may be updated periodically. Your continued use of the Services testifies that you have read and understood the changes. You agree that notification upon change of this agreement is not required.

In order to avail yourself of the Services, you must agree to these Terms. By using the Services, you represent that you have read and understood these Terms, and are reading & understanding any changes that may periodically occur. These Terms govern your use of, access to, affiliation with, and operation of the Services from within Kenya and any other country you may use our Services from. PLEASE READ THESE TERMS AS THEY AND ALL REFERENCED DOCUMENTS AND POLICIES CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BENMAK VIRTUAL ASSISTANTS, TO WHICH YOU ARE SUBJECT. Throughout these Terms, the word “including” can mean “including but not limited to.” By accessing or using the Services, you signify that you have read, understood, and agreed to be bound by the provisions of these Terms.

1. Use of Our Services and Your License

The Services, hosted on our website (https://www.benmakva.com) serve as a marketplace for people who seek to get tasks done (termed “Clients”), including individual consumers as well as businesses, corporate entities and organizations. The term “Clients,” will explicitly refer to parties using our Services or seeking to hire a virtual talent, or to get a task executed, subject to the terms of agreement of the Client.

Subject to your compliance with these Terms and your payment of any applicable fees, Benmak Virtual Assistants grants you, as a Client, a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal use of the Services. Benmak Virtual Assistants, in its sole discretion, may terminate your license to any portion of the Services at any time with or without notice. This license does not include any resale of any portion of the Services or its contents; any derivative use of any portion of the Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms are reserved and retained by Benmak Virtual Assistants. No portion of the Services may be reproduced, duplicated, copied, sold, or resold without the express written consent of Benmak Virtual Assistants. You may not use any meta tags or any other “hidden text” utilizing Benmak Virtual Assistants’s name or trademarks without our express written consent. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Benmak Virtual Assistants will terminate if you do not comply with these Terms. If the license granted by Benmak Virtual Assistants terminates, you continue to be bound by the provisions of these Terms.

2.    Eligibility

Each Client must be at least 18 years old in order to be eligible to use the Services. The Services are not available for children (persons under the age of 18 regardless of parental consent) in any capacity, whether that be as a Fulfiller or as a Client. By becoming a Client, you represent, acknowledge, and warrant that you are at least 18 years of age and that you have the right, authority, and capacity to enter into and abide by the tenets of these Terms.

The only exception to this applies to Clients seeking book review or manuscript/book editing services and are under 18 years of age. Parental consent will be required.

You further represent, acknowledge, and warrant that your use of the Services is in compliance with any and all applicable laws and regulations.

3.    Accounts

By creating an account on our Website, you will be given access to different features of the various Services.

When creating an account, you agree that you will provide complete and accurate information, and you agree that you will maintain this information as up-to-date at all times. Failure to do so may result in your inability to access the Services or in other forms of termination of access to the Services.

Although Benmak Virtual Assistants works to safeguard your account and passwords, you are solely responsible for protecting the confidentiality of your account and passwords.

• This excludes any known or unknown cyber attacks (via denial of service attacks, hacks, malware, worms, or otherwise), data breaches, or data malformation.

• You will accept responsibility for all activities that occur under your account, identifiable by your Benmak Virtual Assistants Client Unique Identifier (“Benmak Virtual Assistants Client ID”).

• If you use the Services on behalf of an entity or organization, you represent and warrant that you have the authority to bind that entity or organization to these Terms, and you agree to be bound by these Terms on behalf of that entity or organization.

• Be sure to sign off when finished using a shared device. Benmak Virtual Assistants will not be liable for any unauthorized use of your account.

4. Service Rules

You agree to refrain from engaging in any of the following prohibited activities:

• Modifying, altering, reproducing, copying, distributing, or disclosing any confidential part of the Services in any medium (including but not limited to any information that you are aware or unaware of due to its confidentiality; information whose origin is unknown should be treated as confidential);
• Attempting to interfere or interfering with system integrity or security;
• Attempting to upload or uploading any virus, worm, code (malicious or otherwise), or other software through the Services; and

Failure to comply with the terms of this Section 4 may result in your inability to access the Services or other forms of termination of access to the Services.

5.    Payments and Billing Policies

Deposits

Deposits are the fee that you will pay when first engaging Benmak Virtual Assistants for any of our paid Services. We ask for a deposit of 60% of the full amount the Service costs. The remaining 40% is payable upon delivery of a one-off Service, or by end of the month for long-term or monthly Services. Deposits pay for our preliminary expenses in sourcing for all the required materials and talent to offer you the Services you need at least until the final day of the time covered by your payment.

The 40% must be paid to allow the client to receive the final version or copy of the very final product and full ownership rights. It must as well be paid to allow us to transition to the next billing session for clients receiving long term or regular Services.

Clients may decide to pay the amount in full (100%), which is allowed and, at times, encouraged, especially for low-cost payments (less than $100) and for clients who have already worked with us.

Deposits are non-refundable, and should you choose to not continue with Benmak Virtual Assistants or at least use our services for the days covered by the deposit, we are unable to refund your deposit.

The only circumstance under which we may consider, in its sole discretion, a refund, is if it has failed to provide you with the Services you paid for, for at least the days or period covered by your deposit. Refer to our Refund Policy for more details about refunds at Benmak Virtual Assistants.

Billing Periods & Automatic Renewal

By getting into a contract to get our Services that are continuous and long-term, such as Social Media Management and others, the assumption that is made clear to all parties from the beginning, is that your subscription with Benmak Virtual Assistants will automatically renew every month until your Cancellation Notice (defined in Section 3) occurs.

The date upon which your Benmak Virtual Assistants talent(s) starts working for you that is agreed upon by you and our team members during the sales or onboarding process (the “Start Date”) will be the first day of your subscription (the “Subscription Start Date”).

If you are unresponsive to our communications prior to, on, or after this date, or forget about this date entirely, or are unavailable for any other reason, your Benmak Virtual Assistants talent(s) are still assigned only to you in a dedicated capacity, and as they are human resources that you are ultimately responsible for, you will still be charged for their time. Payment for services to be rendered over the course of the first month of service will be required on this date. Payment for services will then continue to be charged every month thereafter (your “Subscription Renewal Date”). 

If for any reason you are unable to pay your bill on the Subscription Renewal Date, we will give you a grace of seven (7) calendar days, within which, if you fail to clear your bills, your services may be interrupted, and your virtual talent(s) may be reassigned to other clients. You are financially liable for any periods during which your virtual talent(s) were working but your subscription was in an unpaid status. 

Payment Methods

Payment methods that Benmak Virtual Assistants accepts include: Paypal, Sendwave, Direct Bank Transfer and M-Pesa Till. All payments are processed by the respective entities, and our Website serve as a platform for giving you payment instructions and not directly receiving or processing payments.

An agreement on your preferred payment method will be reached between you and Benmak Virtual Assistants during the onboarding process. You are however free to shift to any of our other payment methods which suits you at any point of receiving our Services. If you are unable to pay Benmak Virtual Assistants through any of the listed available payment methods, please contact us to help you resolve this issue.

6.    Pausing, Cancellation or Termination of Services and 14 day Cancellation Notice period

If you would like to cancel your services and terminate your next automatic renewal, you must contact us with your instruction to cancel the services. If you would like to pause, cancel or terminate your services, you must let us know fourteen (14) calendar days or more prior to your Subscription Renewal Date. If you do not provide us with at least 14 days of notice, you will be charged for your next month of service, and may continue using your services for the remaining month of service. 

If you wish to Pause your Services instead of outright cancelling, you must contact us to discuss your options. Pausing usually requires the selection of a date on which the Services we are offering you will be paused, and when you desire to continue receiving our Services, and does not guarantee your original talent(s) will be available to continue to serve you. Typically, after a Pause or Cancellation, talent(s) will be assigned to other clients.

7.    Missed Planning Calls

While onboarding you or delivering our services to you, there may be cases of missed Planning/Consultation calls, either on your side or on ours. We remain flexible to changes and are committed to rescheduling of calls where necessary, to accommodate one another. We expect the same from you, for ease of operation.

8. Disputes, Chargebacks & Refunds

Initiating a dispute or a chargeback against Benmak Virtual Assistants will result in an immediate termination of services until resolution. Benmak Virtual Assistants maintains a comprehensive record of your interactions and accepted agreements to validate any dispute. If you believe you are entitled to a refund, please reach out to us to explain the circumstances.

All charges are non-refundable, however, Benmak Virtual Assistants may consider refunds on a case-by-case basis at its sole discretion.

Please refer to our Refund Policy for an in-depth guide on refunds.

Benmak Virtual Assistants reserves the right to update or modify these Billing Policies at any time. Important changes in terms, specifically those which require action from Clients, will be conveyed to current & active clients via email, and updated here on this page. 

9. Third-Party Links

• The use of our Services may provide you with links to third-parties and their respective material. Benmak Virtual Assistants does not own or control any of the third-party contents and does not assume responsibility for your usage of such third-party sites. You understand that if you use such sites you do so at your own risk.
• You relieve Benmak Virtual Assistants from any liability that may arise during your use of any third-party sites.

10. Indemnity.

You are responsible for your use of the Services, and you agree to defend, indemnify, and hold Benmak Virtual Assistants, including our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, independent contractors, agents, and shareholders, harmless from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use of and participation in the Services, including:

• Your breach of these Terms or the documents incorporated herein by reference;
• Your violation of any law or regulation or the rights of a third-party, as a result of your own interaction with such third-party;
• Any allegation that any materials that you submit to us or transmit through the Services infringe upon or otherwise violate the copyright, trademark, patent, trade secret, or other intellectual property or other rights of any third-party;
• Any other activities in connection with the Services.

The indemnity provided for in this section shall be applicable without regard to the negligence of any party, including any indemnified person.

11. Liability Boundaries

IN NO EVENT WILL BENMAK VIRTUAL ASSISTANTS, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRATORS, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “BENMAK VIRTUAL ASSISTANTS” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, FINANCIAL LOSS ARISING FROM USING THE SERVICES, FINANCIAL LOSS ASSOCIATED WITH FULFILLERS FAILING TO COMPLETE TASKS, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Dispute Resolution and Arbitration Agreement

As part of the agreement to lawfully permit the use of the Services in the manner disclosed in these Terms, you the Client will be required to resolve disputes with Benmak Virtual Assistants on an individual basis through determent, final, and binding arbitration. By entering into these Terms you fully acknowledge that you have read and understand the provisions of these Terms and have exercised reasonable caution in considering the consequences of consenting to these Terms. YOU AND BENMAK VIRTUAL ASSISTANTS MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION.

13.Benmak Virtual Assistants Promotions and Referral Programs

Benmak Virtual Assistants has discretion and may make available promotions with different features to any Clients or prospective Clients. These promotions, unless made to you, shall have no bearing whatsoever on your agreement or relationship with Benmak Virtual Assistants. Benmak Virtual Assistants reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Benmak Virtual Assistants determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms.

From time to time, Benmak Virtual Assistants may offer you with incentives to refer new Clients to the Benmak Virtual Assistants community. These incentives may come in the form of Benmak Virtual Assistants Credits and Discounts, and Benmak Virtual Assistants may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

14. Intellectual Property

All intellectual property rights in the Services shall be owned by Benmak Virtual Assistants absolutely and in their entirety. These rights include but are not limited to database rights, copyrights, patents, trade secrets, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, and company or product names set forth in the Services are the property of their respective owners.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, photos, images, videos, data, or other information or materials (“Submissions”) provided by you to us are non-confidential and do not violate any copyright laws whatsoever. Benmak Virtual Assistants shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are solely responsible for your Submissions. Your Submissions must not be false, materially misleading, libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, invade a person’s privacy, infringe another person’s intellectual property or proprietary rights, or otherwise violate applicable law. You represent and warrant that you own or otherwise control all of the rights to your Submissions; that the use of such materials by Benmak Virtual Assistants will not infringe upon or violate the rights of any third-party; and that you will indemnify Benmak Virtual Assistants for all claims resulting from your Submissions.

Once we offer you our Services, we restore all ownership and copyright rights to you. You fully own what we’ve offered to you as a Paid Service and are free to use it. This includes all Graphic Designs, Websites, Social Media Management, Book Reviews, Edited Manuscripts and any other services we have offered you and you have fully paid for them.

Benmak Virtual Assistants and other Benmak Virtual Assistants logos, designs, graphics, icons, scripts, and service names are registered trademarks, unregistered trademarks, or trade dress of Benmak Virtual Assistants in the United States and/or other countries (collectively, the “Benmak Virtual Assistants Marks”), referenced directly below in but not limited to blue shades:

15. Copyrights Policy

Benmak Virtual Assistants respects the intellectual property of others and expects Clients to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please contact us forthwith to report the issues or get clarifications.

Whenever you are providing us with the resources we may need from you to offer you our Services, such as by submitting a book for review, a manuscript for editing, or any other document, platform or content which is protected by Copyright, you must verify that you own the work or content shared, or have exclusive permission to present it through representation of the owning person or organization.

In case of an infringement of your copyrighted works or intellectual property bound by copyright laws, you are advised to contact us and raise a Copyright Infringement Ticket with us for further follow up. To support your claim, you will be required to provide:

• A description of the copyrighted work that you claim has been infringed, including the specific location on the Services where the material you claim is infringed is located or the service is delivered. Include enough information to allow Benmak Virtual Assistants to locate the material, and explain why you think an infringement has taken place;

• A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
• Your name, location, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

16.Confidentiality

You agree not to use any technical, financial, strategic, or other proprietary or confidential information relating to Benmak Virtual Assistants’s business, operations, or properties, including Client information (“Confidential Information”) disclosed to you by Benmak Virtual Assistants for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third-parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Benmak Virtual Assistants in order to prevent it from falling into the public domain.

Notwithstanding the above, you shall not have liability to Benmak Virtual Assistants with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Benmak Virtual Assistants or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Benmak Virtual Assistants; becomes known to you, without restriction, from a source other than Benmak Virtual Assistants without breach of these Terms by you and otherwise not in violation of Benmak Virtual Assistants’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Benmak Virtual Assistants to enable Benmak Virtual Assistants to seek a protective order or otherwise prevent or restrict such disclosure.

17. Modification to these Terms

Benmak Virtual Assistants reserves the right to modify the terms and conditions of these Terms. Benmak Virtual Assistants reserves the right to change or modify information referenced throughout these Terms, including arbitrations provisions where herein does not create a renewed opportunity to opt out of arbitration. As such, the continued use of the Services will constitute your consent to such changes.

18.  Benmak Virtual Assistants Communications

By becoming a Client, you agree to receive communications from us, including e-mails, text messages, calls, and push notifications. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialing systems and that emails may be system-generated.

Communications from Benmak Virtual Assistants may include but are not limited to: operational communications concerning your Client account or accessibility, use or delivery of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Benmak Virtual Assistants and industry developments.

Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. Client Identity and Service Use Regulations

You represent and warrant that you and your organization are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authorities in Kenya (where Benmak Virtual Assistants is headquartered) or anywhere else. You will not directly or indirectly use our services for any illegal, unethical or unauthorized purposes whatsoever. 

20. Liability of Issues

While at Benmak Virtual Assistants we do our best to guarantee security of messages, you agree that Benmak Virtual Assistants cannot be held liable or responsible for any damages associated with security breaches, breaches of data, or any other kind of technology breach as such.

You equally agree that in using our Services, you are ultimately responsible for the liability of the tasks that are given, and therefore, liability or loss arising from any issue that is not a technology breach of any kind, or an Assistant Issue, you also acknowledge and agree cannot be attributed to Benmak Virtual Assistants, and Benmak Virtual Assistants cannot be held liable for any liability or loss faced by you, your business, or any affiliate organization or person, incorporated or unincorporated.

21. Material Breaches

You agree that a material breach of these Terms of Service may only arise when you have not paid any outstanding invoices, either as a result of one or more unpaid invoices – as defined by an invoice that was never attempted to be paid, or a failed payment for one or more invoices.

22.  Refunds, Continued

Benmak Virtual Assistants is under no obligation to provide refunds for any reason. Benmak Virtual Assistants, in good faith, may, on a case-by-case basis, provide refunds for undelivered services, as defined by the days pre-paid for in the billing period, on a prorated basis, for the days after the date of explicit written cancellation that are remaining in the billing period. It is important to understand that Benmak Virtual Assistants provides a dedicated assistant service, therefore, while you are in the billing period before an event of cancellation, your account has been assigned dedicated resources.

23. (a) Communication with Assistants or Benmak Virtual Assistants Talents Outside Normal Course of Business

Clients agree that at any point during the relationship with Benmak Virtual Assistants, and for a period of up to Six (6) months after, they may not approach any Assistants or Benmak Virtual Assistants Talents for any reason outside the normal course of day to day operations to perform Services for which Benmak Virtual Assistants Talent has been hired. Benmak Virtual Assistants invests a lot of time, money, and effort in building relationships with our Talents and Clients, providing quality training material and training sessions to the Talents, maintaining internal culture, and investing in their futures.

You agree that by attempting to contact Assistants or Benmak Virtual Assistants Talents outside the normal course of day to day operations for any reason will cause Benmak Virtual Assistants irreparable harm, and result in Benmak Virtual Assistants resorting to injunctive measures to prevent this action, and to seek financial compensation for any damages incurred to Benmak Virtual Assistants associated with your action. Clients also agree to not engage in any contractual relationship with the Benmak Virtual Assistants’s Talent(s), as this will cause Benmak Virtual Assistants irreparable harm, and result in Benmak Virtual Assistants resorting to injunctive measures to prevent this action, and to seek financial compensation for any damages incurred to Benmak Virtual Assistants associated with your action. 

23.  (b) Responding to Benmak Virtual Assistants’s Talents Contacting You Outside Normal Course of Business

As aforementioned above in 20 (a), Benmak Virtual Assistants invests a lot of time, money, and effort in building relationships with our Talents and Clients, providing quality training material and training sessions to Assistants and Benmak Virtual Assistants Talents, maintaining internal culture, and investing in their futures. 

Therefore, should Benmak Virtual Assistants Talents contact you at any point during the contractual relationship with Benmak Virtual Assistants, and for a period of up to Six (6) months after, for any reason outside the normal course of day to day operations to perform Services for which Benmak Virtual Assistants’s Talent has or had been hired, Clients agree that by engaging in communication with Assistants or Contracted Companies, they will cause Benmak Virtual Assistants irreparable harm, and result in Benmak Virtual Assistants resorting to injunctive measures to prevent this action, and to seek financial compensation for any damages incurred to Benmak Virtual Assistants associated with your action.

Clients also agree not to not engage in any contractual relationship with the Assistants or Contracted Companies, as this will cause Benmak Virtual Assistants irreparable harm, and result in Benmak Virtual Assistants resorting to injunctive measures to prevent this action, and to seek financial compensation for any damages incurred to Benmak Virtual Assistants associated with your action. 

24. General 

• Your Information is any information you provide, publish, or post to or through the Services or related services (including any profile information you provide). You consent to us using your Information to create a Client account that will allow you to use the Services and participate in the Services without much effort.
• These Terms shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret these Terms and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.
• If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms.
• These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you; any attempted transfer or assignment in violation hereof shall be null and void. However, you agree that these Terms and all incorporated policies or agreements may be assigned by Benmak Virtual Assistants, in our sole discretion, by providing notice to you.
• A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.
• These Terms set forth the entire understanding and agreement between you and Benmak Virtual Assistants with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.