These terms and conditions (these “Terms of Business”) apply in respect of the Services contemplated or described in the Engagement Letter to be performed by MT Virtual PA Services (“MT Virtual PA”) (or “we” or “our” or “us”) for you (“you”) for the purposes of these Terms of Business. For the avoidance of doubt, you refers to the addressee on whose behalf the Engagement Letter was acknowledged and accepted. References to party mean either you or us.
The Engagement Letter and these Terms of Business are together referred to as the “Contract” or the “Engagement”.
The headings and titles in the Contract are included to make it easier to read but do not form part of the Contract.
We have set out the agreed scope of the Services you have asked us to provide in the Engagement Letter. Any subsequent change to these Services or further Services will be discussed with you and agreed as and when required. These Terms of Business apply to any Services that we provide to you (whether current or future) unless we agree any modifications with you (either set out in the Engagement Letter or agreed in writing from time to time).
INFORMATION AND ASSISTANCE
You agree to provide us with any information, documentation or other assistance that we reasonably require to provide our Services to you. Please note that we rely upon you to provide us with, or procure the provision of, accurate and complete information and assistance in good time and to tell us as soon as possible if anything occurs which renders any information previously given to us incorrect, inaccurate or incomplete.
FEES AND ADDITIONAL SERVICES
Our fees will be charged on the basis set out in the Engagement Letter. Payment of our fees is due immediately upon the date of the invoice. No further work will be undertaken once an invoice has become overdue.
For larger, more time-consuming assignments, a time frame and fixed assignment cost will be negotiated with you before any work commences. Payments will be invoiced on completion of the assignment and payment is due immediately upon the date of invoice.
If, in the case of a larger assignment, the time frame exceeds one month, we may invoice periodically for completed stages.
Should an ongoing assignment be suspended or delayed by the client, we shall be entitled to immediate payment for work already carried out and expenses incurred.
Retainer packages per calendar month are available and must be paid for in advance. Any time purchased, which is not used within the month will be lost, it cannot be rolled forward. Any additional hours required will be charged at the standard hourly rate.
First-time clients will initially be invoiced after 2 weeks then all subsequent invoices will be at the frequency agreed.
Payments can be made by cheque or bank transfer.
Billable time includes meetings outside of contracted hours and includes the writing and/or reading of correspondence sent by mail or email.
We shall keep your affairs and the information you give us strictly confidential. MT Virtual PA is willing to sign a Confidentiality Undertaking/Non-Disclosure Agreement.
MT Virtual PA places high importance on the privacy of our clients. We are committed to maintaining a high level of security and confidentiality relating to all information submitted by and obtained from clients.
We collect personal data (such as your name, email address, address and phone number) and confirm that we will only use your data to fulfil our contractual obligations and to provide services to you.
We endeavour to take all reasonable steps to protect your personal information. All data collected by us is stored securely.
We will retain personal data for the period of our engagement with clients and for a further period of two years from the date the engagement expires or is cancelled.
MT Virtual PA is registered with the Office of the Information Commissioner (registration number 57856). All personal data is held and processed by us strictly in accordance with the provisions of the Data Protection (Jersey) Law 2018 and the Data Protection Authority (Jersey) Law 2018.
By instructing us to provide you with our Services you warrant and undertake that you have obtained the requisite consent to enable all such personal data to be used, disclosed and otherwise processed by us for the purposes of performing the Services and any compatible supporting functions.
SUB-CONTRACTION OF SERVICES
We may sub-contract our obligations under this Contract to a third party. However, we shall not enter into any sub-contracting arrangement in the provision of the Services to you without your prior written consent (such consent not to be unreasonably withheld or delayed).
MT Virtual PA Services is covered by Professional Indemnity Insurance with Hiscox Insurance Company Limited.
Either party may terminate the Contract in writing to the other. Unless otherwise stated in the Engagement Letter, upon termination of the Engagement we will be entitled to payment for the work carried out by us up to the date of the termination, less any payments already received and will render an invoice for this work to the extent not already invoiced for this Engagement under the terms of the Engagement Letter.
The termination of the Contract shall be without prejudice to the parties respective accrued rights and any antecedent liability.
The terms of the Contract which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind both parties. Termination of the Contract shall not affect any indemnity or warranty provided by you to us under the Contract.
SURVIVORSHIP AND SEVERABILITY OF TERMS
Any of these Terms of Business which expressly or impliedly have effect after termination or expiration will continue to be enforceable notwithstanding termination or expiration. If any part of any Clause of these Terms of Business is held by the court to be illegal or unenforceable, then the remainder of such Clause and the remainder of these Terms of Business shall be enforceable notwithstanding such illegality or unenforceability.
Any failure by us to exercise or delay in exercising any of our rights or remedies provided by these Terms of Business or by law shall not constitute a waiver of those or any other rights or remedies. Any waiver by us of any breach or default by you of these Terms of Business shall not constitute a waiver of any other breach or default and shall not affect the other Clauses of these Terms of Business, and will not prevent us from subsequently requiring compliance with such waived obligation. The rights and remedies provided by these Terms of Business are cumulative and not exclusive of any rights or remedies provided by law.
Neither party will be liable to the other for any delay or failure to fulfil obligations caused by circumstances outside that party’s reasonable control. If such reasons continue to prevent the performance of the relevant party’s duties and obligations for a period of more than 60 days, the parties shall consult each other for the purpose of agreeing what action should be taken.
Our objective is to provide you with hhigh-qualityefficient services. We hope that you will not have cause for complaint. However, if our service falls short of your expectation in any way, please advise us immediately and we will investigate your complaint promptly. Any complaint should be in writing.
The Contract shall be governed and construed in accordance with the laws of the Island of Jersey.