Terms and Conditions for Clients

Welcome to Viral Octopus, the marketplace for Business Outsourcing Processes!

These Terms and Conditions govern how you use the Web Platform at www.viraloctopus.com.

Please read them carefully and, if you do not wish to accept one or more clauses of the same, please do not use the Site in any way.

  1. Definitions
    For the purposes of this Agreement, the term ‘singular’ or ‘plural’ shall mean, without distinction, the relevant form:Website, the Website hosted at www.viraloctopus.com, owned by the Owner;
    Owner or Viral Octopus, is the Company Viral Octopus Limited, Company with registered office in Flat 19D, Waterloo Heights Garden, 3 Man Wan Road, Homantin, Hong Kong, Company nr. 2224092.Platform, the IT platform of the marketplace type and subscriptions community accessible through the Website;

    Professional, the professional or agency that uses the Platform in order to sell one or more services to the Owner, or adheres to the Revenue Sharing Agreement in order to convey its services.

    Account, the area of the Site dedicated to the User;

    Customers, Entrepreneurs who subscribe, for a recurring or one-off payment, to the services offered by the community or the platform itself;

    Services, the type of recurring or one-off periodic subscription that the User can make to access the reserved area, manage communication with the professionals who perform the gig purchased, interact with other members of the Community and Professionals.

    Gig, business services that contain guidelines, checklists, processes and the best team available to perform them or that recommend third party services that will not be performed within the platform.

  2.  What is Viral Octopus?
    Viral Octopus is the platform through which you give access to a virtual agency specializing in Business Process Outsourcing; that is, it is the online platform in which are selected, organized and maintained business services for entrepreneurs, SMEs and startups.
  3. Account
    In order to use the Service or part of it, the User must register by providing, truthfully and completely, all the data requested in the registration form and fully accept the privacy policy and these general conditions of the contract.
    The User is responsible for keeping his/her access credentials.
  4. Account cancellation
    The registered User may deactivate his/her account, request its cancellation or interrupt the use of the Service at any time, through the interface provided in the appropriate Personal Account Section or by contacting the Owner directly.The Owner, in case of violation of these general conditions of the contract, reserves the right to suspend or terminate the User’s account at any time and without notice.
  5. Price of the Service, purchase procedure and payment methods
    Viral Octopus provides a paid service. The price and conditions of this paid Service are indicated in the relevant section of the Platform. These conditions are subject to change without notice.The contract is concluded when the payment transaction for the purchase of the Service is executed.The services are provided on a subscription or one-time basis. In the case of subscription services, the subscription conditions are specifically indicated in the Platform. The service can be interrupted and terminated by online procedure with immediate effect at any time.

    Viral Octopus uses third-party tools for processing payments and does not in any way come into contact with payment data – such as those relating to credit or debit cards – provided by the User.

  6. Execution of the contract and right of withdrawal
    The contract in question relates to the supply of digital content via a non-material medium and the content in question, once purchased, is immediately made available to the User, this constituting an express start of the execution of the contract. The User is aware and accepts that the right of withdrawal does not apply to the contract in question.
  7. Right of Dispute
    During the execution of the Gig is the right of the customer to contact the owner, using the form provided, if the progress of the Gig is not in line with the promise described in the terms of service.The request must be made within 3 days of its conclusion also highlighted in the terms of service.If the owner considers, at his sole discretion, that the team has not complied with the terms of service with intent and responsibility attributable to the team, the owner will reimburse the full amount of the last month of subscription or the full amount of the service.
  8. Limitations of Liability
    The User expressly exonerates and relieves the Holder of all liability, to the extent permitted by applicable law, in relation to any damage or claims of any kind and type of its own and / or third parties including direct, indirect, punitive, incidental, special, damages resulting from lost profits, lost revenue, loss of data or replacement costs arising from or otherwise related to this agreement.The User also releases the Owner in the event that the Website is temporarily unavailable. In this case, the Owner may not be held liable for the temporary non-execution of the contract, resulting from reasons not attributable to him.
  9. Resale of the Service
    The User is not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Viral Octopus and its Services without the express permission of the Owner, guaranteed directly or through a specific resale program.
  10. Unauthorized use
    The Service shall be used in accordance with the provisions of these general terms and conditions of business.In particular, the User may not:

    1.  copy, download, store, modify, change, prepare derivative works or alter in any way any of the contents provided by the Site;
    2.  reverse engineer, decompile, disassemble, modify or create derivative works based on www.viraloctopus.com or any portion of it:
    3. circumvent the computer systems used by viraloctopus.com or its licensors to protect the content accessible through it;
    4. use any robot, spider, site search/experiment application, or any other device, process or automatic means to access, retrieve, scrape or index any portion of viraloctopus.com or its contents;
    5. rent, license or sublicense www.viraloctopus.com
    6. use viraloctopus.com in any other improper manner that may violate these general conditions of the contract.
  11. Copyright
    All trademarks, figurative or nominative and all other signs, trade names, service marks, wordmarks, trade names, illustrations, images, logos appearing on Viral Octopus are and remain the exclusive property of the Owner, its licensees or their respective owners and are protected by current trademark laws and related international treaties.
  12. Age requirements
    The User declares to be of age according to the provisions of its legislation. Minors may use Viral Octopus only with the assistance of a parent or guardian.
  13. Changes to these conditions
    The Owner reserves the right to make changes to these general conditions of contract at any time, giving notice to the User through its publication on the Platform.If the User continues to use Viral Octopus after the changes have been published, he/she accepts the new general conditions of the contract without reservation.
  14. Assignment of the contract
    The Owner reserves the right to transfer, assign, dispose of for novation or subcontract all or some of the rights or obligations arising from these general conditions of the contract, provided that the rights of the User provided herein are not affected.

    The User may not assign or transfer in any way his rights or obligations under these general terms and conditions of business without the written consent of the Holder.
  15. Communications
    All communications to the Data Controller must be sent using the contact information indicated on the Viral Octopus website.
  16. Nullity
    If any provision of these general terms and conditions is found to be invalid or ineffective, that provision shall be deleted and the remaining provisions shall not be affected and shall remain effective.
  17. Jurisdiction
    Any dispute relating to the interpretation, conclusion or execution of this Agreement shall be submitted to the Hong Kong courts.