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“).
1.1. 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.
2.1. 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.
3.1. 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.
4.1. 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.
5.1. 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
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.
6.1. 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.
7.1. 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.
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.
11.1. 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.
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.