The term ‘[business name]’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 4 The Coppice, Manchester M9 7FH. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Terms & Conditions – VA Services
Service and Suppliers
- We shall use our best endeavors to ensure that any Supplier is competent to carry out the Services to a proper standard, however, we shall not be liable if the Supplier’s performance falls below the expectations of the Client.
- We shall provide you with the Services as set out in the Terms of Contract or as agreed in subsequent email correspondence between us.
Responding to Client Requests
- We will respond to each request within 2 working days of receiving it.
- If we are unable to deal with a request, we will inform you as soon as reasonably possible.
- Our normal office hours are 9am to 5pm Monday to Friday (excluding Bank Holidays). If under your instruction, we carry out a Request out of hours, we reserve the right to levy an additional charge of 50% of the hourly rate. Advantage Virtual Assistants Hourly Rates from time to time will apply.
- We reserve the right to refuse to carry out Requests or source Services if, in our opinion, the Requests or Services are unreasonable or to be used for any immoral or unlawful purpose.
- Our Charges are subject to change subject to us first providing 30 days written notice to you.
- Any payment we make on your behalf for purchases shall be paid by you (without any set-off, counterclaim or other deduction) within seven days of the invoice date.
- A late payment charge of 2% per month of the total Charge will be payable by you should payments not be received by us within 7 days of the invoice date.
- If you cancel any Request and Advantage Virtual Assistants has already incurred expenses in connection with this, we will be entitled to recover such sums from you.
- Any hours included in a retainer not used in one month may be carried over to the next month but must be used in that following month (and if not used will still be charged).
- All of the time that we spend working on the Services, including without limitation research, administration and communication (whether by telephone, email, fax or otherwise) will be chargeable at the applicable hourly rate or included in the retainer hours (as the case may be).
- We reserve the right to charge you a deposit on account of the charges, the amount of the deposit to be at our discretion.
- We reserve the right to increase the hourly rate on an annual basis.
- You agree that we may communicate with you by email sent without encryption over the internet. We shall not be responsible for any loss or damage arising from unauthorised interception, redirection, copying or reading or emails, including any attachments, nor shall we be responsible for the effect on any computer system (or any loss or damage arising from any such effect) of any emails, attachments or viruses which may be transmitted by this means.
- We will not be liable under this agreement for any loss or damage caused by us [or our employees or agents] in circumstances where i) there is no breach of a legal duty of care owed to you by us [or by our employees or agents[; ii) such loss of damage is not a reasonably foreseeable result of any such breach; iii) any increase in loss or damage resulting from the breach by you of any term of this agreement.
- We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault by you.
- We shall not be liable or be deemed to be in breach of these terms by reason of any delay in performing, or any failure of, any of our obligations in relation to the Services if the delay or failure was due to any cause beyond our control.
- While we endeavor at all times to ensure the accuracy of the completed work supplied to you, it is your responsibility to verify its accuracy upon receipt and we shall not be liable for any inaccuracies or any losses directly or indirectly arising from such inaccuracies. Where possible, we will attempt to rectify any errors notified to us within 14 days of completion.
- We shall not under any circumstances be liable for any consequential or indirect loss of any type suffered by you. Our total liability to you, whether in contract or otherwise, shall be limited to the price paid for the Services in the 12 months preceding any settlement or adjudication of any claim.
- Nothing in these terms and conditions excludes our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited by applicable law.
- All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- We shall be entitled to terminate the provision of the Services in any of the following circumstances by serving 14 days written notice to you:
- if you commit any breach of any of these Terms and Conditions; or
- if you fail to pay monthly charges or any other monies due to us within seven days of the due date
- an order is made or a resolution is passed for your winding up, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order against you; or
- an order is made for the appointment of an administrator to manage your affairs, business, and property, or documents are filed with a court of competent jurisdiction for the appointment of an administrator, or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986); or
- a receiver is appointed of any of your assets or undertaking, or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager, or if any other person takes possession of or sells your assets; or
- you make any arrangement or composition with your creditors, or make an application to a court of competent jurisdiction for the protection of your creditors in any way, or become bankrupt; or
- you cease, or threaten to cease, to trade; or
- you take or suffer any similar or analogous action in any jurisdiction in consequence of debt.
- Where we are providing Services on a monthly retainer basis, you may terminate the Contract by providing us with 30 days’ written notice.
- On termination for any reason whatever, you shall immediately make payment to us of all and any sums outstanding and owing under these conditions (including charges and any outstanding balance) and we shall provide information and suggestions in response to all outstanding Requests made by you prior to termination.
- Termination of the Contract, however arising, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provision expressly stated to survive, or implicitly surviving, termination.
- We will not be obliged to retain documents and information or any other materials provided by you to us after termination of the Contract and we accept no liability or responsibility for any loss or damage caused by our failure to retain files and/or documents after such termination and are authorised by you to destroy the files and/or documents after such time.
- After completion of the Services, you agree that we shall be entitled to retain and use for our own purposes copies of all documents created or used by us during the provision of the Services.
- You agree that we shall be entitled to retain all files and documents created or used by us during the provision of the Services until our fees and disbursements have been paid in full.
Disclosure of information
- You agree and understand that we will be holding personal information about you. We are registered with the Information Commissioner and have and comply with a data protection policy. All information received by us in relation to you, your business and your clients shall remain confidential and, except as may be required by law, we shall not, without your prior written consent, disclose or divulge to any third party any information of any nature whatsoever in relation to you.
- Unless we receive notice from you to the contrary, we shall from time to time provide to you (by post, telephone, email or text) information in relation to Advantage Virtual Assistants that we consider may be of interest to you.
- You shall keep in strict confidence all know-how, processes or initiatives which are of a confidential nature concerning our business. We will keep confidential all information disclosed by you or your employees in relation to the provision of the Services.
- Notwithstanding paragraph 6.3, we will be entitled to disclose confidential information relating to or belonging to you (i) if agreed in advance with you, (ii) to our insurers, (iii) to our auditors and other professional advisers appointed from time to time, (iv) to any employee, consultant or any person to whom we subcontract any of the Services and (v) to any other party to the extent required by law or regulation or a regulatory authority.
- As between us and you, all Intellectual Property Rights and all other rights in any materials provided by us shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Services.
Assignment and subcontracting
- We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party or agent.
- You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Contract.
9.1 You may not at any time during the Contract or for a period of 12 months following the termination of the Contract approach, deal directly with, engage, employ or solicit any of our existing associates or contractors or persons or businesses who have been our associates or contractors within the previous 12 months.
- These Terms of Contract and Terms & Conditions (together with any other terms and conditions agreed in writing between us and you from time to time) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except on notice from us.
- A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between us, nor constitute either of us the agent of another party for any purpose. Neither of us shall have authority to act as agent for, or to bind, the other in any way.
- A person who is not a party to the Contract shall not have any rights under or in connection with it.
- If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in parts, the validity of the other provisions of these conditions will still stand.
- We shall be entitled to alter and vary these conditions from time to time on reasonable written notice to you without any liability to you.
- The Contract constitutes the entire agreement between us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Contract.
- This agreement shall be governed by and construed in accordance with English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
VA MENTOR PROGRAMME TERMS & CONDITIONS
Charges and payment
The price for the services is a fixed price which is set out in the programme or services description.
The fees are non-refundable except for:
- where I cancel a programme other than under 12.3 below, you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received; and
- if you are a consumer, your right to a ‘cooling off’ period as described below.
Payment is via the ‘pay now’ button on this website or as agreed between us.
Usually, I require payment in full in advance but in certain circumstances, I may agree to payment by instalments, in which case a supplementary fee may be chargeable. If I agree to accept payment by instalments and you fail to make any of the instalment payments on the due date then I shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return.
If your full payment is not received by me, or any instalments due are not paid on the due date, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above Lloyds TSB Bank plc’s base rate.
Right to cancel this contract for consumers
If you are a consumer and you buy services from me you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.
The cancellation period will expire 14 days after the commencement of the contract.
However, if you confirm to me you wish me to start to provide the services during the 14 day cancellation period then you lose your right to cancel.
Following confirmation from you, if you start a programme during the cancellation period and subsequently decide that you do not wish to proceed with the sessions, I am not able to refund to you any of the payments you have made as payment is for the programme as a whole and not for individual sessions. This is a reflection of the of the amount of preparation I need to put into the programme to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together. This policy also helps you with your own accountability and commitment to improving your life and your business through the services.