fbpx

Important (but boring) legal information

Our Terms and Conditions

The Main Points

  • Unused hours continuously roll over: Unused hours are banked i.e. they are continuously rolled over for up to 12 months
  • No lock-in contracts: You are not locked into a contract; however, to secure these rates there is a 4-week cancellation period
  • Money back guarantee: If you, for any reason are unhappy with the work we have completed for you – you get back the total cost for the previous week’s work (provided the claim is made within 7 days from the end of that billed week of work that you were unhappy with)
  • You can upgrade or downgrade the package at any time. If you choose to downgrade, the used hours can’t be in arrears more than the package you’re downgrading to
  • No refunds are made for unused hours (we pay our resources to be available).
  • If the used hours go into arrears we will subtract the hours in arrears from the following week; or the client can choose to either:
    1. Upgrade the weekly direct debit package
    2. Buy a pre-paid package (as per Pricing Option 2)
    3. Can be billed at EOM for the additional hours (as per Pricing Option 3)
  • Packages are purchased upfront; we will send an invoice and payment is due within 7 days
  • You have 3 months to use the hours​​​​​​​
  • No refunds are made for unused hours within the 3 months
  • If the hours go into arrears by more than 20% of the package hours, the client agrees to either :
    1. Purchase a pre-paid package (as per Pricing Option 2)​​
    2. Pay for hours exceeding the package hours at the rate of $65+GST per hour​​​​​​​​​​​​​ (as per Pricing Option 3)​​​​​​​
  • Money back guarantee: If you, for any reason, are unhappy with the work we have completed for you – you get back the total cost for the previous week’s work (provided the claim is made within 7 days from the end of that billed week of work that you were unhappy with)
  • Billed at the end of the calendar month
  • We will send an invoice and payment is due within 7 days
  • Money back guarantee: If you, for any reason, are unhappy with the work we have completed for you, we won’t bill you for the total cost of the previous week’s work (provided the claim is made within 7 days from the end of that week of work that you were unhappy with).
This general service provider agreement Terms and Conditions are to be used in conjunction with any specific agreement/quote/proposal you have with V10.

AGREEMENT IS

BETWEEN: The “Customer

V10 Virtual Assistant Services Pty Ltd ACN 646 674 697 of Level 1 / 195 Little Collins Street Melbourne, Victoria (the “Service Provider“).

1. THE ENGAGEMENT

1.1. The Customer has engaged the Service Provider to supply the services that are described in the Item One of the Schedule (the “Contract Services”) and the Service Provider has agreed to supply the Contract Services to the Customer.

1.2. The Service Provider represents to the Customer that the Service Provider has skill, knowledge, experience and expertise in providing the Contract Services and is able to provide the Contract Services to the standard reasonably required by the Customer.

1.3. The parties acknowledge that the engagement of the Service Provider is on a nonexclusive basis and nothing in this Agreement in anyway prevents the Customer from appointing any other person or entity to supply any of the Contract Services or any services similar to the Contract Services.

1.4. Completing specific tasks asked by the customer, does not guarantee future work for the Service Provider as there is no lock-in contract.

1.5. The Service Provider performs services as specified in this agreement and is free to accept or refuse work requests.

1.6. The Service Provider is also free to work for any other company/employer.

1.7. The customer understands that any unused time can be carried over to the following week and accumulated above the agreed retainer amount only within the month. No refunds are made for unused hours within the month.

2. THE FEE AND PAYMENT / RETAINER HOURS

2.1. Subject to Clause 2.5, the Customer has agreed to pay the Service Provider the Service Provider fees (the “Fee”) set out in Item Three in the Schedule on completion of the supply of the Contract Services unless the Customer and the Service Provider have agreed to different terms of payment as set out in Item Five of the Schedule. The Service Provider must issue a Tax Invoice for the Fee and the Customer must pay the Fee as provided in this clause or as provided in Item Three of the Schedule.

2.2. If for whatever reason the Customer does not pay the Fee when it becomes due, the Service Provider may without being in breach of this Agreement suspend providing the Contract Services until all outstanding payments of the Fee have been paid. If after the Service Provider has requested payment the Customer refuses or fails to make such payment within seven (7) days of such request, then the Service Provider may terminate this Agreement and cease providing the Contract Services for the Customer.

2.3. The Service Provider will add and separately identify on each of its Tax Invoices all GST.

2.4. The method of payment is set out in Item Five of the Schedule.

2.5. If the Customer asserts that the Contract Services have not been completed satisfactorily, then the Customer must make this claim within 7 days, from the end of that billed week of work that the Customer was dissatisfied with. This “money back guarantee” is subject to a single retainer package and does not include the purchase of multiple retainer packages, or additional hours billed at the standard rate of $65 per hour. The Customer must also demonstrate how the Contract Services have not been carried out satisfactorily.

2.6. The Service Provider will be solely responsible for the payment of any applicable superannuation obligations which arise in relation to the payments made from the Customer to the Service Provider.

2.7. The Service Provider will be solely responsible for the payment of any applicable taxes which arise in relation to the payments made from the Customer to the Service Provider; this includes but is not limited to any withholding obligations.

2.8. The payment terms will be payment 7 days in advance via Direct Debit (or as otherwise set out in Item 5 in the Schedule) .

2.9. If meetings with the Service Provider are cancelled by the Customer within 24 hours, the Service provider reserves the right to deduct the time allocated for the designated appointment from the weekly retainer hours.

2.10. Hours exceeding the agreed retainer package will be dealt with in accordance to agreements made between the client and V10 Virtual Assistant Services, verbally or written, in any one of the following ways;

a) The client will be billed at the standard rate of $65 per hour, for all hours exceeding the retainer, in a separate invoice to the ongoing retainer invoice
b) The client purchases an additional prepaid retainer package, in a separate invoice to the ongoing retainer invoice
c) If the amount of hours exceeding the retainer is under 50% of the total agreed retainer, the client agrees to V10 Virtual Assistant Services carrying that amount exceeding to the next retainer period. For example, for a 10hr/week retainer package with time billed against the client’s account up to 15hrs, any amount up to 5hrs may be carried over to the next period as a deduction from that period’s retainer.

3. STANDARD OF CONTRACT SERVICES

3.1. The Service Provider must perform the Contract Services in a proper and competent manner and according to all reasonable directions given by the Customer. The Service Provider represents to the Customer that the Service Provider is experienced and competent to carry out the Contract Services, has all the required training and/or experience to reasonably carry out the Contract Services.

4. EQUIPMENT AND MATERIALS

4.1. The Service Provider must provide all equipment, materials and software as may be necessary to properly and efficiently perform the Contract Services. All materials used must be new and of high-quality fit for their purpose. All equipment must be safe for use and capable of being used to carry out the Contract Services. Please note that the Service Provider does not receive an allowance or reimbursement for the cost of this equipment, tools and other assets (such as stationary, specialised software & equipment etc.) required to complete a project or task within the scope of general business support and administrative services within the retainer package.

4.2. Fees and charges required by the Service Provider to complete a project or task beyond the scope of business support and administrative services (e.g. compliance certificates), will be paid by the Customer.

4.3. The Service Provider is free to choose where it performs all of it’s work.

5. TIME

5.1. All Contract Services must be completed within a reasonable time.

5.2. The Service provider operates during the “ordinary” business hours of 8:30am to 5pm, Monday to Friday. The Service provider only operates outside of these hours at their discretion. Any services or tasks required to be conducted outside of these normal hours/days of operation, will be subject to “double time” as outlined in 5.2.1. This includes Victorian and Australian public holidays, weekends, and other non-business days

5.2.1. Double time means that 1 hours work is doubled and deducted from the retainer hours as doing the ordinary hours worked (eg the Service provider works 2 hours on a public holiday equals 4 hours of retainer hours)

5.3. or most ad hoc tasks that are estimated to take less than 4 hours to complete, there is a standard turnaround time of a minimum 48hrs for all tasks requested of the Service Provider by the Customer, with the following exceptions;

5.3.1. Ad hoc tasks that are estimated to take more than 4 hours to complete will have a 2-5 day turnaround time. This will be communicated with the Customer at the time of allocation.
5.3.2. The client has spoken to the Service Provider who has agreed to have the task completed within a turnaround time of under the standard minimum.
5.3.3 The task falls under the classification of secondary or tertiary services, which will be subject to minimum turnaround times outlined for each service within that classification e.g. branded presentation document creation as a secondary service, requires a minimum of 7 days turn around.
5.3.4 The below table includes examples of Secondary & Tertiary tasks

Secondary tasks
  • Graphic Design (advanced)
  • Social Media Marketing
  • Copywriting (basic)
Tertiary tasks
  • Bookkeeping
  • Website Design/Development
  • Copywriting (advanced)

5.4. The Customer must adhere to the standard considerations for all deliverables at any stage. Standard considerations include, but are not limited to;

a) Time allowed for the Customer to brief the Service Provider on the task/job/project details, requirements, access, and supporting documentation.
b) Time allowed for the Service Provider to brief team members on specific task details and requirements.
c) Basic workflow conductivity of task outline, record-keeping, drafting, feedback, revision, ongoing deliverable feedback and revision, reporting, and confirmation of completion/final delivery
d) Whilst we understand certain software programs, time will need to be charged for us to learn the Customer’s specific processes related to these software programs.

5.4.1. Any Customer who fails to adhere to the standard considerations is subject to the costs involved in any part of the task/job/project regardless of stage of completion or handover of any deliverables.

5.5. The minimum engagement of the Service Provider is 15 mins.

6. TERM

6.1. Means the period from the commencement of this Agreement (as per Item Two in the Schedule) until either Party terminates the Appointment as provided in this Agreement.

6.2. There is no contracted period, however the Customer acknowledges that there is a 7-day cancellation period.

7. WORKPLACE HEALTH AND SAFETY

7.1. The Customer must ensure that, if the Contract Services are to be carried out on the Customer’s property, the property is safe and that all facilities provided by the Customer to the Service Provider for the purposes of enabling the Contract Services to be provided are also safe. The Service Provider must ensure that at all times in providing the Contract Services it uses safe and proper procedures and practices and that all its employees are properly trained and supervised and observe all proper and safe practices. The Service Provider must at all times have current Workers’ compensation insurance (if applicable) and professional indemnity insurance and, if required, must provide evidence to the Customer of its currency in the form of a certificate of currency.

8. BREACH BY SERVICE PROVIDER
8.1. If the Service Provider breaches any of its contractual obligations under this Agreement and fails to remedy that breach promptly and in any event within three (3) days, then the Customer may by written notice to the Service Provider terminate this Agreement. Upon termination of the Agreement, the Customer is only obliged to pay the Service Provider for the Contract Services actually done less any loss or cost which the Customer may incur to have the remaining Contract Services completed.
9. BREACH BY CUSTOMER
9.1. If the Customer breaches any of its contractual obligations under this Agreement and fails to remedy that breach promptly and in any event within three (3) days of being requested by the Service Provider to so remedy, then the Service Provider may by written notice to the Customer terminate this Agreement. Upon termination of the Agreement, the Service Provider has no obligation to perform any part of the Contract Services not already performed. The Service Provider shall be entitled, notwithstanding such termination, to claim as a debt owing any amount due to the Service Provider on termination.
10. SUB CONTRACTING

10.1. The Service Provider may use sub-contractors to provide any of the Services. In such circumstances, it will be the responsibility of the Service Provider to ensure that:

(a) the sub-contractors so engaged are suitably qualified and are otherwise able to perform the Services in a proper and workman-like manner;
(b) the sub-contractors so engaged do not by act or omission do or not do anything that would if done or not done by the Service Provider be a breach any of the terms of this Agreement;

10.2. The Service Provider is solely responsible for all fees payable to sub-contractors.

11. CONFIDENTIALITY

11.1. The Service Provider undertakes to keep all information which it acquires from the Customer or about the Customer strictly private and confidential and must not disclose that information to any person without the Customer’s prior written consent. Nothing in this clause prevents the Customer from fully using and enjoying the Contract Services.

11.2. The Customer undertakes to keep all information which it acquires from the Service Provider or about the Service Provider’s business strictly private and confidential and must not disclose that information to any person without the Service Provider’s prior written consent. The Customer must not use any information so acquired except for the proper purpose of conducting its business.

12. INTELLECTUAL PROPERTY
12.1. If the Contract Services involves the creation of any intellectual property, including any copyrightable materials or works, then the Service Provider acknowledges that the Customer holds all such intellectual property solely for the benefit of the Customer. The Service Provider shall be entitled to use the intellectual property in the ordinary and proper course of its business but for no other purpose without the prior written consent of the Customer.
13. UNDERTAKINGS BY SERVICE PROVIDER

13.1. The Service Provider undertakes to the Customer that it will not during the performance of the Services and for a period of 6 months thereafter solicit or attempt to solicit any team members of the Customer to resign or take up employment with the Service Provider or with any other person.

13.2. The Service Provider undertakes to the Customer that it will not during the performance of the Services and for a period of 6 months thereafter solicit, approach or induce any customer or client of the Customer to become a customer or client of the Service Provider.

14. TERMINATION
14.1. Either party may terminate this Agreement at any time from the date of this Agreement by giving to the other party one (1) week’s prior written notice. On the expiry of that week (the “Termination Date”) this Agreement will be at an end. The Service Provider must be paid by the Customer up to and including the Termination Date.
15. STATUTORY WARRANTIES AND LIMITATION OF LIABILITY
15.1. All Statutory Warranties that can be expressly excluded are hereby excluded. 15.2. Where the Contract Services are not of the kind ordinarily required for personal, domestic or household use or consumption then the liability of the Service Provider is limited pursuant to s.64A of the Competition and Consumer Act 2010 (Cth) to the supply of the services again or the payment of the costs of having the services supplied again.
16. DISCLAIMER 
16.1. The Service Provider takes every possible care that all professional advice offered, along with suggested concepts and their implementation, follows the proposal agreed by both parties; however, the Service Provider cannot be held responsible for variations between expectation and outcome.
17. DRAFTING DISSADVANTAGE
17.1. Nothing in this Agreement is to be construed to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any relevant clause in this Agreement.

REQUEST A CALL BACK

Book a quick chat to talk about how we might be able to help you and your business. We can answer any questions you might have for us and we’ll be able to learn a bit about your business and what you need.