Terms and Conditions of PA/VA Services In GB Serviced Offices Ltd
TERMS & CONDITIONS
PA/VA Services in GB Serviced Offices provides Personal Assistant and Virtual Assistant services to business customers. These Terms and Conditions shall apply to the provision of services by us to our customers. Use of our services signifies your acceptance and agreement of the terms of this Agreement.
DEFINITIONS AND LAW
In these Terms, the following words or phrases have the meaning set out in this clause.
- “Booking”: an agreement that we will supply services on specified occasions and/or with a specified outcome as set out in a booking form or in a formal proposal.
- “Clause”: a numbered clause of this agreement.
- “Confidential Information”: all information that we discover because of or through our connection with you; and which is about or relating to you or your business (including financial information, products, services, service levels, customer satisfaction, proposed services and products, pricing, and margins) or your people (including your directors or partners, investors, staff, suppliers, customers, clients, prospects and contractors). However, “Confidential Information” does not include information that is openly published by you, or information that is publicly available without breach of our confidentiality obligation.
- “Including”: the word “including” shall not imply any limitation on the generality of the concept or thing of which examples are being given.
- “Personal data”: information about identifiable living individuals.
- “Processing”: when applied to personal data, the term ‘processing’ means any operation applied to the data, including collecting, organising, storing, altering, retrieving, using, sharing, and deleting it or any part of it.
- “Project Agreement”: the agreement comprised in a Booking Form, these Terms and Conditions, and GDPR Statement between you and us.
- “Rights”: includes intellectual property rights including (but not limited to) copyrights, patents, registered designs, design rights, trademarks, service marks, and the right to apply for or register any such protection, and all rights relating to trade secrets and other unpublished information.
- “Services”: the work to be supplied or the outcomes to be achieved by us, as set out in a Booking Form.
- “Third Party Data”: personal data about an individual other than you.
- “You” and “The Client”: refers to the person, firm or organisation for whom we will perform the services.
- “We” “us”, and “GBSO”: refers to the person, firm or organisation agreeing to provide the services.
- Severability: if any provision of a Booking or these Terms is unenforceable, it shall be struck from the Agreement to the minimum extent necessary to make the Agreement enforceable and this shall not affect the enforceability of the other provisions of the Agreement.
- Law and jurisdiction: This Agreement is governed by the law of our country and subject to the jurisdiction of our courts.
- We will provide written quotations prior to any work commencing.
- A signed contract is required prior to the commencement of work. This indicates your acceptance of our Terms and Conditions.
- Work will be accepted by email unless otherwise agreed.
- Although every effort will be made to ensure a reliable service, we accept no liability for any disruption or loss of information resulting from external causes including, but not limited to, IT equipment failure, host equipment failure or communications network failure.
- We reserve the right to amend or change our services at any time.
The services to be provided shall be carried out at GBSO VA Services’ place of business (home office and co-working spaces).
Mondays to Fridays (excluding Bank Holidays) from 09.00-17.00 (UK time). Any correspondence outside of these hours will normally be dealt with during the next working day unless agreed otherwise.
We prefer to receive all communication and confirmation of work via email unless agreed otherwise.
OWNERSHIP OF WORK & RIGHTS
- We will ensure that any work carried out is kept strictly confidential and in line with GDPR regulations and the ICO.
- Your business affairs will not be disclosed to any third parties. This provision will continue after the completion of the work.
- If required, we will be happy to sign a confidentiality clause or non-disclosure agreement prior to the commencement of any work.
- The Rights of work done under this Agreement will be ours. Upon payment of our fees and charges, we will assign to you the Rights in any work specifically created under the Booking.
- Information and documents which we provide to you always remain our absolute property unless and until assigned to you.
- As the legal owner, you will retain the intellectual copyright of all work we carry out.
- We agree to sign any further documents needed to complete the transfer of those rights to you.
- We retain the Rights to any templates or structures or methodologies that we used to create your material.
- We will not access, use, copy, distribute, publish, or adapt any part of any information, data or documents created uniquely for you (once paid for), for our own or any other person’s benefit or purposes.
- You must ensure the rights of use for all images have been obtained prior to supplying them to us. All images supplied by us will be authorised prior to use.
- You promise not to breach any third-party copyright rights in sending us material on which to work. You promise not to use any confidential or restricted information that belongs to someone else in sending us work.
- We will keep a record of the work that we have done for you and the contacts we have made with people on your behalf. We will send you copies of these records regularly, or log them into your systems, as specified in the Booking.
- Documents and information: we will agree with you a safe and secure system for you to send us your confidential documents and information (and for us returning them to you). We do not agree to be liable for data that is not securely transmitted to us.
- Logins: where you wish us to access systems that contain information that identifies living individuals, you should provide us (at your own expense) with a unique login to your existing software platforms and systems.
- Passwords: any passwords you provide us with are for our exclusive use. We will report any password changes required by site security and make sure you have up to date access. We will not share this access with any individual (including our associates). You will provide additional passwords and access if other team members are authorised to use your systems.
- We will not set up any social media or email account using your name or your brand name(s) unless you have advised to do so in writing.
- We may make and keep temporary backups to ensure continuity of service.
DATA PROTECTION AND GDPR
- No one can process personal data for you (if that is applicable) until you have given written data processing instructions.
- When you want us to access or use personal data about someone other than you (third party data), you must complete and sign the appropriate Data Processing Form and send a copy by email from your usual business address.
- While processing personal data in the provision of Services, we will be acting as ‘data processor’, and you are the ‘data controller’.
- We will process personal third-party data on your behalf only in response to your written instructions (which may be in the booking, privacy form, or separate email)
- We are subject to a duty of confidence.
- We will take appropriate measures to ensure the security of our processing of your third-party data.
- We will assist you in allowing third parties to exercise any of their GDPR rights (including subject access). This will result in additional time-related charges (see working guidelines).
- We will apply the security measures you set out in the Data Processing Form for protecting and securing your data. We will offer our advice as administrators on ways we think will work, but we are not providing legal advice on compliance, and you should seek your own advice to satisfy yourself that your security measures are adequate.
- We will email you if we become aware of a personal data breach. We will assist you in your investigations in establishing how this occurred. We will help you, as you may reasonably require, in meeting your GDPR obligations concerning the security of processing, the notification of personal data breaches and data protection impact assessments. This will result in additional time-related charges.
- On written request by you, we will delete or return all third-party personal data supplied by you or assembled by us in the course of delivering services to you. This will result in additional time-related charges.
- Unless the Privacy form specifies otherwise, we will delete all third-party data from all systems within our control within 28 days of the end of the Booking without returning copies to you. We will not remove data from systems to which you have given us access or logins since those systems will remain under your control and we would expect you to be withdrawing our access to them after the end of a Booking.
- If you wish us to store third party information beyond the termination of the Booking and the 28-day run on, you must specify this in the Data Processing Form. This will result in additional related charges.
- You may audit and inspect how we handle your third-party data. We will provide you with whatever information you require to ensure that the data processing obligations under GDPR Article 28 are met; this will result in additional time-related charges.
- We will tell you immediately if we believe we are asked to do something infringing the GDPR or other data protection law of the EU or a member state. We are not legal experts, and it is up to you to take appropriate legal advice on how to comply with GDPR rules and regulations.
- If you have instructed us to do something we believe is not within the law, we may take advice from the Information Commissioner’s helpline and reserve the right to act according to their indications or advice.
- It is always your responsibility to specify suitably secure platforms and processes and to share data with us in a secure way.
- Initial consultation (up to thirty minutes) by video call or telephone is complimentary.
- You understand that our estimated time and cost for completing the work is subject to change. Any change to the work or the number of hours is subject to review and renegotiation of the final fee and/or deadline if necessary. This also applies if, following the initial consultation, it becomes clear that more work is required than first thought.
- We will charge for any time and expenses incurred in responding to your requests to audit data for GDPR compliance or complying with an external body’s legal requirements to disclose information or submit to audit. Upon termination of a Booking or this Agreement, further time-based charges may be incurred in handing over, returning data, or responding to enquiries.
- If you request additional tasks once the work has begun, we may renegotiate the final fee and/or the deadline for the completion of the work.
- An agreement in writing is required by both parties prior to the commencement of the work stating the set number of hours for the work to be carried out. Should this change over the course of the work, a revised agreement will be distributed and agreed upon in writing by both parties.
- If work is suspended or delayed by the Client, we are entitled to immediate payment for the work carried out prior, including the reimbursement of any expenses incurred.
- Following completion of the work, proofing and final checking is your responsibility.
- Any errors must be reported to us within 48 hours of receipt of the completed work. Errors for which we are responsible for will be amended at no charge. Any changes requested by the Client following the completion of the work will be charged at the standard hourly rate.
- As stated in the Data Protection Act 2018/GDPR, the Client and GBSO VA Services may store key information (e.g., contact details) as is necessary. These will be kept securely and will not be shared with third parties.
- There is a 30 days’ notice period which should be provided in writing or by email should either the Client or GBSO PA/VA Services decide not to proceed with the instruction of work.
- Both the Client and GBSO PA/VA Services have the right to terminate a contract if there is a serious breach of the Terms and Conditions outlined. We also have the right to reject any work that is deemed to be immoral, illegal, or objectionable.
- All of the software and equipment we use is at no additional charge to you. However, where we need license fees or usage fees to provide support for you, we will charge you for the cost of any licenses you have authorised us to purchase. We will typically provide all equipment needed to perform the Services.
- If you are involved in a dispute with the tax authorities over tax that should have been charged to us, we will produce the relevant receipts and paperwork to help you reduce or resist the demand.
We reserve the right to instruct associate support from time to time as a delegation source on client projects. Your signature on this contract is written confirmation that you accept these terms of service. The Directors of GBSO PA/VA Services will remain the main point of contact for all client-facing communication and will retain legal responsibilities for all business transactions. The associate will not have communication with The Client, other than on email, unless agreed on a case-by-case basis. The Directors will be responsible for communicating task instructions and overseeing all client work to ensure it is delivered to the highest quality and ensures client satisfaction. The associate will be a third-party, sub-contracted freelancer who has been approved through our robust recruitment process, and is ICO registered, and fully insured with professional and public liability insurance. The associate will not be legally liable for any omissions or failure to complete The Client work. Full legal and insurance liability will reside with GBSO VA Services.
- Payments to be made by bank transfer or Gocardless online by you in pounds sterling by direct transfer to our bank account as notified to you.
- We reserve the right to require upfront full payment in advance for the agreed work on the task.
- Unless otherwise agreed in writing between the parties, you shall pay to us the hourly rate as defined in the pricing plan.
- First-time clients will be invoiced one month of the total cost of the work in advance of the work commencing.
- Clients will be invoiced on a recurring monthly basis by direct debit for ongoing work.
- For work charged at the hourly rate, the minimum invoice amount is for one hour and is then charged in blocks of 30 minutes, rounded up to the nearest hour.
- Weekend work will need to be agreed in advance and charged at a higher rate to be agreed. The higher rate also applies to urgent work given with less than 24 hours’ notice and no prior agreement.
- Clients that request face to face meetings will be charged for travel and meeting time.
- Travelling, hotel or other expenses agreed between you and us shall be itemised on our invoice and charged to you in addition to the agreed hourly charge for the relevant period.
- Once an invoice becomes overdue, no further work will be undertaken, unless alternative terms have been agreed upon.
- We reserve the right to increase our hourly rates and modify our packages at any time. Existing clients will be consulted if changes impact ongoing work.
- Our ability to meet deadlines depends on you giving us access on time to all the information or resources we need from you. Late or slow payment will result in delay to work timetables.
- Your payment will be deducted from your bank by direct debit on the same date every month.
- You agree to prepay for all hours contained within the Service Plan (or otherwise if agreed between you and us in writing) prior to the commencement of any services provided by us.
- Any unused hours which have been paid for in the current month may be used in the following month only (this may be referred to as the Roll Over”). Any Roll Over must be used in the following month, otherwise it will be lost.
- You must pay for any additional hours used above those contained in the Pricing Plan at the rate defined in the Pricing Plan.
- We reserve the right to increase the fees payable under a Pricing Plan by the giving of 30 days’ notice. The new Fee will then be payable on the next monthly instalment due from you.
- You must notify us of the intention to cancel or amend the Pricing Plan (including changing to a different Pricing Plan) at 30 working days before the end of the month Such notice must be provided by email unless otherwise specified by us in correspondence with you. Failure to provide such notice may result in the commencement and charge of a Pricing Plan for the subsequent month for which you agree to make payment.
- Refunds are made at our sole discretion. We will not prorate a Pricing Plan or refund any amounts due to unused time in the current month of a Pricing Plan.
POLICIES AND PROCEDURES
Complaints: if there is anything about your project that is not going as you want, or if you have any query or complaint, speak to us straight away. Once you have signed off work as complete, the work is complete and further changes are separately chargeable.
Health and Safety: when working at our premises, we are responsible for our health and safety.
Processing personal data outside the EU/EEA: where we are outside the EU/EEA and working in a country that has not had an adequacy decision for personal data standards, the Non-EU/EEA Model Clauses will apply. Any further specific requirements must be specified in the Booking.
Either party may terminate an Agreement by giving a 30 days’ notice in writing. Notice shall be given by email to the address used on the most recent Booking unless either party has notified a new email address.
Termination of this agreement shall not affect rights and obligations already accrued before termination.
We may charge for any work carried out after termination of a Booking or this agreement at the appropriate hourly rate or pro rata to our day rate. Chargeable work will include responding to emails, returning information, finding information, or any other action taken as a result of an email or telephone call from you or the workgroup normally assigned to give instructions to us. If you wish to avoid this, please remove us from all email groups and email correspondence and make no further requests for action or information. Termination of this agreement will not invalidate such charges nor the due payment date for our invoices.
- to carry out all our work in a professional manner.
- to provide an accurate account of our skills, professional experience, and qualifications.
- to conduct our business based on fair and ethical principles and to always communicate justly and honestly with the Client and all parties associated.
- to respect the confidentiality of the Client’s business affairs and recognise the Client’s ownership of intellectual copyright relating to all business activities.
- to keep all data safe and secure and ensure it is only used for its stated purpose, in line with GDPR regulations and with the ICO. Whilst all diligence and care is taken to ensure security of data, no individual or company is immune to hackers.
- to stay up to date with advances within our sector and focused on our professional development.
AGREEMENT OF TERMS AND CONDITIONS
We reserve the right to update, change or replace any part of these Terms and Conditions. We will inform you should any changes be made. It is your responsibility as The Client to check this page periodically for changes. Your continued use of our service or access to our site following the publication of any changes constitutes acceptance of those changes.
If you have any questions, please contact us: email@example.com
These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the business registration address of Meryll House, 57 Worcester Road, Bromsgrove, B61 7DN, UK.