Virtual Kendesk – Terms of Use (Effective July 28, 2025)

Welcome to Virtual Kendesk – a Jamaican‑born hub where virtual assistants, bookkeepers, designers and marketers strive to make your business life easier. By accessing or using VirtualKendesk.com or any of our services (collectively, the “Services”), you agree to be bound by these Terms of Use (“Terms”) as well as any policies referenced herein, such as our Privacy Policy. Please read carefully – this is the contract between you and Virtual Kendesk Limited (“we,” “us,” or “our”).

We’ve included both a plain‑English summary for your convenience (because legalese is soooo last century) and the full legal terms. The plain‑English explanations are italicized and don’t modify the legal meaning of the Terms – they’re just our way of making things easier to digest. If you have any questions, contact us at info@virtualkendesk.com.

1. Scope of Services

TL;DR: We help small businesses with virtual assistant tasks, bookkeeping, digital marketing, web design, graphic design and training. These Services may evolve over time, but you can always find a description on our website.

1. Services Offered. Virtual Kendesk provides administrative support, bookkeeping, digital marketing, web development and design, graphic design and digital tools training. We may also offer additional consulting or educational services as described on our site or in separate agreements.

2. No Professional Advice. We are not a law firm, accounting firm or financial advisor. Although we provide bookkeeping support, our Services are not a substitute for professional legal, accounting or financial advice, and you should consult qualified professionals for such matters.

3. Changes to Services. We reserve the right to modify or discontinue any Service at any time. We will not be liable to you or any third party for changes to the Services.

4. Eligibility. You must be at least 18 years old to use the Services. Our site is not intended for children under 13 and we do not knowingly collect information from minors.

2. Accepting These Terms

TL;DR: By visiting, signing up, booking a call, purchasing a service or otherwise using our site, you agree to these Terms. If you disagree with any part, please do not use the Services.

Your use of the Services constitutes acceptance of these Terms. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not have such authority, you must not use the Services.

3. User Accounts and Responsibilities

TL;DR: Be honest and careful. Use your real information, keep your login secure, and don’t do anything illegal or shady.

1. Account Registration. To access certain Services, you may need to create an account or provide personal information. You agree to provide accurate, current and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

2. Acceptable Use. You agree not to use the Services for any unlawful or unauthorized purpose. This includes (i) posting or transmitting obscene, defamatory, harassing or discriminatory content; (ii) infringing on intellectual property rights; (iii) sending unsolicited messages or spam; (iv) violating any applicable laws; or (v) interfering with the functionality of the Services.

3. Prohibited Activities. You may not: (a) attempt to reverse engineer, decompile or otherwise discover the source code of any portion of the Services; (b) use automated scripts, bots or scraping tools to access the Services without our permission; (c) sell, resell or exploit any part of the Services without our express written consent; or (d) impersonate another person or misrepresent your affiliation.

4. Your Content. If you upload, post or otherwise share content (“User Content”) through the Services, you retain ownership of your content. However, by providing User Content, you grant us a non‑exclusive, transferable, sublicensable, royalty‑free, worldwide licence to use, modify, reproduce and distribute your content for purposes related to operating and promoting the Services. You represent that you have the necessary rights to grant this licence and that your content does not violate any third‑party rights.

5. Confidentiality. We may have access to confidential or sensitive information you provide in connection with our Services (e.g., financial records for bookkeeping). We will use reasonable care to keep such information confidential and not disclose it to third parties except as permitted by our Privacy Policy or as required by law. You agree to keep confidential any information about our business or other clients that you may learn through the Services.

4. Payments and Billing

TL;DR: Services may cost money. You agree to pay our fees and any applicable taxes. All sales are final unless otherwise stated.

1. Fees. Prices for Services are listed on our website or quoted individually. We reserve the right to change fees at any time; however, price changes will not affect confirmed orders.

2. Payment Terms. Payments are due upon receipt of invoice or as otherwise stated in our agreement. If payment is not received on time, we may suspend or terminate Services.

3. Refunds. Due to the custom nature of our Services, payments are generally non‑refundable unless expressly stated otherwise in a specific agreement or required by law.

4. Taxes. You are responsible for any applicable taxes associated with your purchase of Services.

5. Intellectual Property

TL;DR: We own our stuff; you own yours. You can’t copy our content without permission.

1. Ownership. All content and materials on the Services – including text, images, logos and designs – are protected by copyright, trademark and other intellectual property laws. Except for your own User Content, all rights to the Services and their contents belong to Virtual Kendesk or our licensors.

2. Limited Licence to You. We grant you a limited, non‑exclusive, non‑transferable licence to access and use the Services for your personal or internal business purposes. You may download or print content only for your own use. You must not reproduce, modify, distribute or display any part of the Services without our prior written consent.

3. No Use of Marks. “Virtual Kendesk” and related logos are trademarks of Virtual Kendesk Limited. You may not use our trademarks or trade dress without our prior written permission.

4. Feedback. We welcome feedback. If you submit ideas or suggestions, you grant us a perpetual, irrevocable, royalty‑free licence to use them without any obligation or compensation to you.

6. Third‑Party Links and Services

TL;DR: We may link to other sites (e.g., scheduling or payment processors). We aren’t responsible for those sites, so tread carefully.

The Services may contain links to third‑party websites or resources (including scheduling tools, payment processors and social media). We provide these links as a convenience and do not endorse or control the content. You access third‑party sites at your own risk, and any terms set by those sites will govern your use. We are not responsible for any loss or damage arising from your dealings with third‑party sites.

7. Disclaimer of Warranties

TL;DR: We work hard, but we can’t guarantee that everything will always be perfect. Use the Services “as is.”

1. As‑Is Basis. The Services are provided “as is” and “as available.” To the maximum extent permitted by law, we expressly disclaim all warranties and representations, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non‑infringement and accuracy.

2. No Guarantee of Results. We do not guarantee that using our Services will produce any specific business results. Past results are not necessarily indicative of future outcomes. We do not promise that the Services will be uninterrupted or error‑free.

3. Jurisdictional Limitations. Some jurisdictions do not allow the exclusion of certain warranties. In such cases, our liability will be limited to the extent permitted by law.

8. Limitation of Liability

TL;DR: We’re not liable for damages beyond what you paid us. Don’t hold us responsible for lost profits, data or other consequential damages.

1. Excluded Damages. To the fullest extent permitted by law, Virtual Kendesk and its officers, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to the Services, including loss of profits, loss of data, personal injury or property damage, even if we have been advised of the possibility of such damages.

2. Cap on Liability. In no event will our total liability exceed the amount you paid us for the Services giving rise to the claim.

3. Basis of the Bargain. You agree that these limitations of liability are essential to the bargain between you and Virtual Kendesk and will apply even if a remedy fails of its essential purpose.

9. Indemnification

TL;DR: If you do something that gets us sued, you agree to cover us.

You agree to indemnify, defend and hold harmless Virtual Kendesk, its affiliates and personnel from any claims, damages, losses or expenses (including legal fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another.

10. Termination

TL;DR: We can suspend or end your access if you violate these Terms. You can stop using the Services at any time.

1. Termination by Us. We may suspend or terminate your access to the Services at any time and without notice for any reason, including if you violate these Terms. Upon termination, your right to use the Services will immediately cease.

2. Termination by You. You may stop using the Services at any time. Termination does not relieve you of any obligations or liabilities incurred prior to termination.

3. Survival. Sections relating to intellectual property, payments owed, limitations of liability, indemnification, governing law and dispute resolution will survive termination of these Terms.

11. Governing Law and Dispute Resolution

TL;DR: Jamaican law applies. Let’s try to resolve disputes amicably. If not, disputes will be resolved in Jamaican courts.

1. Governing Law. These Terms and any disputes arising from them will be governed by the laws of Jamaica, without regard to its conflict of law principles.

2. Informal Resolution. Before initiating formal legal proceedings, the parties agree to make a good‑faith effort to resolve any dispute through informal negotiations. Contact us at info@virtualkendesk.com to initiate this process.

3. Jurisdiction. If informal resolution fails, any disputes will be subject to the exclusive jurisdiction of the courts located in Jamaica. You waive any objection to venue or personal jurisdiction.

12. Changes to These Terms

TL;DR: We can update these Terms. We’ll notify you if we make material changes; continuing to use the Services means you accept them.

1. Modification. We may revise these Terms at any time. We will notify you of material changes by posting an update on our website or emailing you at the address you provided.

2. Continued Use. Your continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms.

13. Miscellaneous

TL;DR: This is the entire agreement; if one part fails, the rest stands.

1. Entire Agreement. These Terms, together with any written agreements and our Privacy Policy, constitute the entire agreement between you and Virtual Kendesk.

2. Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified or severed to the minimum extent necessary so that the remaining provisions remain in full force and effect.

3. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of all or substantially all of our assets.

4. Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

5. Notices. We may provide notices by email, postal mail or postings on the Services. Notices to Virtual Kendesk must be sent to info@virtualkendesk.com unless we specify otherwise.

6. Force Majeure. We will not be liable for delays or failure to perform resulting from causes beyond our reasonable control, including acts of God, labor disputes or governmental actions.

14. Contact Us

If you have any questions about these Terms or our Services, please contact us at info@virtualkendesk.com.

Note on Interpretation

These Terms are intended to protect both you and Virtual Kendesk. They are governed by Jamaican law and are designed with standard legal provisions to limit liability and protect intellectual property. They should be read in conjunction with our Privacy Policy. While we strive to make these Terms clear and approachable, we recommend consulting a qualified attorney if you have specific legal questions.