Crescent Virtual Assistant Limited  

CONTRACTUAL TERMS AND CONDITIONS OF BUSINESS

This work for Hire Agreement (“Agreement”) is made on 22 January 2019, between Amy Russell of Crescent Virtual Assistant Limited, 36 Lulworth Crescent, Leeds, LS15 8PA and [NAME] of [ADDRESS].

In this Agreement, the party who is contracting to receive the services shall be referred to as the “Client” and the party who will be responsible for providing the services shall be referred to as “Crescent Virtual Assistant Ltd”. On instructing us to carry out any form of work, the client agrees to our Terms and Conditions of business contained herein. A signed contract will be required prior to commencement of an assignment with a new client.  Future bookings are subject to the current terms of business that Crescent Virtual Assistant Ltd has in place “from time to time” and will be confirmed to the client by email prior to work commencing.

Please ensure that you read this document fully.

  1. Service location.

The Service to be provided under this Agreement shall be performed at the Crescent Virtual Assistant Ltd’s place of business. (i.e. Home Office).

  1. Confirmation of booking
    1. Bookings will be confirmed in writing to the client after agreement with Crescent Virtual Assistant Ltd.
    2. Crescent Virtual Assistant Ltd may send a Booking Form to the client at the start of an assignment which enables clients to provide details of any task or specific requirements if these haven’t been agreed previously.
    3. Completion of the Booking Form also indicates the client’s acceptance of our Contractual Terms and Condition, as advised in this document.
    4. A minimum 50% deposit or £25.00 (minimum payment) may be required before work commences for a new client.
  2. Hours of Work
    1. Crescent Virtual Assistant Ltd associates are available to provide work between the hours of 9am and 5pm Monday to Friday (excluding bank holidays). Unless a specific time has been booked and agreed with the Client, work requested outside of these hours will be billed at a higher rate of £35 per hour.
    2. Unavailable days or times will be advised prior to work commencing
    3. Where a retainer package or project has been agreed, guaranteed hours and availability will be confirmed to the client in writing, notwithstanding clauses 3.a and 3.b.
  3. Sub Contractors or Suppliers
    1. Crescent Virtual Assistant Ltd reserves the right to engage with additional contractors or associates when working with clients to provide the services requested. Examples of these include, but are not limited to, additional virtual assistants who form part of our Associate team, Marketing Specialists, Accountants and Bookkeepers.  Associates are bound by confidentiality terms with Crescent Virtual Assistant Ltd.
    2. Unless otherwise advised in writing, these costs are included in the hourly rate agreed with the Client.
    3. The Client may not engage an associate of Crescent Virtual Assistant Ltd directly to work with them outside of this agreement.
    4. The Client is liable for an employment referral fee of £1000.00 per person, should he directly employ (either legally or on a sub-contractor basis) anyone currently employed/sub-contracted by Crescent Virtual Assistant Ltd within the current agreement or within 12 months of terminating the contract with Crescent Virtual Assistant Ltd. The Client agrees to pay this fee whether he notifies the Company of his action or the Company discovers this employment independently at any time after it occurs. The Client further agrees to reimburse the Company for any and all collection or legal fees the Company incurs in collecting this fee.
  4. Rates
    1. Crescent Virtual Assistant Ltd rates are hourly and based on the current pricing structure of Crescent Virtual Assistant Ltd.
    2. The agreed hourly rate for this booking is £00
    3. Additional hours required outside of the retainer package are charged at £32.00.
    4. Crescent Virtual Assistant Ltd is not currently VAT registered.
    5. Initial assignments carry a minimum 1 hour’s charge. Further assignments carry a minimum half an hour charge.
    6. All work is tracked and rounded up to the nearest 15 minutes and is available on request.
    7. Time required to set up systems in order to work for the client is included in billable time.
    8. All communication with the client (telephone/email etc) is included in billable time.
    9. Any additional expenses (including but not limited to: postage, printing, stationary, peripherals and consumables) will be charged in addition to the quotation. It may be necessary for large amounts to be paid in advance. However, these will only be charged at cost.
    10. If a client requests Crescent Virtual Assistant Ltd or any of their contractors to travel to their preferred location, travel time will be billed in line with the normal hourly rate in addition to travel costs which are charged at £0.45 per mile.
    11. Where the client causes delay, changes the specification, requires extra work or meetings or changes previously accepted work, we shall be entitled to a reasonable extension of time and rate increase and/or advance payment. Any work carried out prior to the changes, will be charged at the rate previously agreed.
    12. Where the requested work by the client incurs a requirement to pay a supplier or subcontractor for additional services or products, this amount will be required upfront, either to Crescent Virtual Assistant Ltd, or the supplier directly.
    13. Fast Track work will incur a charge of £35.00 or a 50% increase of the final invoice (whichever is higher).
    14. Any late cancellation of work will incur a £32.00 administration fee (24 hours’ notice required).
    15. Requests for work outside of core hours will be billed at a higher rate of £35.00 per hour.
    16. Crescent Virtual Assistant Ltd reserves the right to review charges when appropriate, and clients will be notified of any changes.
    17. It is understood by the parties that Crescent Virtual Assistant Ltd is an independent service provider with respect to the Client and not an employee of the Client. The Client will not provide fringe benefits, including paid holiday, sick pay, pension contributions, health insurance benefits, or any other employee benefit, for the benefit of Crescent Virtual Assistant Ltd contractors.
  5. Retainer Packages or Projects

Monthly retainers or project block bookings are to be paid for in advance.  Work will not commence until payment has been received. 

  1. Retainer Contracts

 Retainer contracts run from 1st of the month to the end of the calendar month.

  1. Where a retainer contract is confirmed part way through a calendar month, the hours and rate will be invoiced at standard rate until the following month.
  2. Unused hours of a monthly retainer package will not be carried over to the following month as a retainer package guarantees our availability to our clients. If hours are not used within the relevant month they will be lost, monetary refund is not given.
  3. Crescent Virtual Assistant Ltd or the Client can cancel a retainer package at any time by giving 28 days’ notice. Upon termination Crescent Virtual Assistant Ltd will invoice the client for any work completed which has not been paid for in advance and the terms of invoice will apply.
  4. Where a retainer package has been selected and the hours used, the Client may choose to purchase another retainer package, or transfer to an hourly rate, which is invoiced in arrears as per Clause 7.a.
  5. Invoices
    1. Pay as you Go
      1. An invoice will be produced on completion of work undertaken and dispatched to the client. Where the requested work is longer than 30 days, Crescent Virtual Assistant Ltd will invoice on the last working day of each month.
      2. Payment is due within 7 days of receipt of invoice. If payment is not received within 7 days, Crescent Virtual Assistant Ltd reserves the right to cease work until payment has been received.
    2. Retainer services
      1. These are invoiced on 24th of the month, and due by 1st of the following month. Work will not commence (or be continued) until payment has been received.
  6. Payments
    1. Payment can be made by BACS, details of which will be provided with the invoice.
    2. The late payment charge is 8% (plus the Bank of England Base rate) of the original invoiced amount. Overdue accounts may be passed to a debt recovery agent for collection where additional debt recovery fees will also be added to the invoice.
    3. Unpaid accounts may be forwarded to the Small Claims Court.
  7. Confidentiality and Data Protection
    1. Both Crescent Virtual Assistant Ltd and The Client agree that all information provided to each other will be treated as strictly private and confidential and safeguarded in line with current data protection laws.
    2. Where Crescent Virtual Assistant Ltd engages the services of a supplier or sub contractor, only the necessary information will be shared in order to provide the agreed services.
    3. We are registered with the ICO (Information Commissioners Office). We do not collect or keep personal data unnecessarily and are diligent about using third party providers (systems) within the EU or under the US privacy shield.
    4. Details of our privacy policy can provided on request.
    5. Crescent Virtual Assistant Ltd will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Crescent Virtual Assistant Ltd, or divulge, disclose or communicate in any manner any information that is proprietary to the Client. Crescent Virtual Assistant Ltd will protect such information and treat it as strictly confidential.
    6. This provision shall continue to be effective after the termination of this Agreement.
    7. Crescent Virtual Assistant Ltd or any of our subcontractors will sign a separate confidentiality agreement if requested by the client.
  8. Work product ownership.
    1. Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part in Crescent Virtual Assistant Ltd in connection with the Services shall be the exclusive property of the Client.
  9. Loss/Damage of Client Property in Transit
    1. Crescent Virtual Assistant Ltd cannot be held responsible for any loss, damage, theft etc of data, projects, equipment or any items relating to assignments, during transit to/from Crescent Virtual Assistant Ltd premises.
    2. Crescent Virtual Assistant Ltd recommends that clients send mail through a secure postal service and obtain proof of postage and relevant insurance as we will not accept responsibility for loss or damage to items going through the postal service. We will also obtain the necessary proofs when sending items through the postal service. We would also advise keeping a copy prior to posting.
  10. Liability.
    1. Crescent Virtual Assistant Ltd and our subcontractors will not be liable for loss, damage or delay of Client’s project due to circumstances beyond Crescent Virtual Assistant Ltd’s control. Such circumstances may include (but are not limited to) acts of God, theft, public unrest, power outages, and inability to contact Client (including the client not responding to communication from Crescent Virtual Assistant Ltd).
    2. In the event of such loss, damage or delay, Crescent Virtual Assistant Ltd will make every effort to notify Client immediately.
    3. Clients are solely responsible for the appropriate uses of all work undertaken by Crescent Virtual Assistant Ltd and/ or its contractors including abiding by copyright laws, plagiarism laws and publishing requirements.
    4. Crescent Virtual Assistant Ltd is not responsible for the content of any document supplied to them by the client or their representatives.
    5. Crescent Virtual Assistant Ltd retains the right to reject any work for any client that involves material which Crescent Virtual Assistant Ltd finds to be illegal, immoral or objectionable.
  11. File Back-Up and Data Handling
    1. Crescent Virtual Assistant Ltd will keep all assignments for a period of 6 years after which time they will be deleted from our systems. This is the period of time that an insurance claim can be made.
    2. Crescent Virtual Assistant Ltd stores data on cloud storage with strict privacy settings in place. It is the client’s responsibility to advise Crescent Virtual Assistant Ltd if they have a preference for data handling.  We will not accept liability for holding data in this way unless a client has advised us in writing of their preference.
    3. Crescent Virtual Assistant Ltd stores paper files in a separate office which will be locked at all times.  Keys will be stowed away in a separate building.
  12. Proof Reading/Editing
    1. Final responsibility for proofreading errors in completed work (including manuscripts, dissertations) rests with the client.
    2. Crescent Virtual Assistant Ltd does not accept liability for any errors and will be responsible for rectifying the work only. Crescent Virtual Assistant Ltd will endeavour to ensure that all documents are free from errors and omissions prior to submission. No further liability is acknowledged.
  13. Completed Assignments

All completed assignments can be returned to the client by email, cloud sharing facilities, post or courier as hard copy.

  1. End User Responsibility
    1. Crescent Virtual Assistant Ltd is not responsible for the end use of any document produced or edited by us.
    2. Clients are solely responsible for its appropriate use, including abiding by any copyright laws, plagiarism laws and publishing requirements.
    3. Crescent Virtual Assistant Ltd is not responsible for the content of any document supplied to them by the client or their representatives.
    4. Clients should not pass off plagiarised material as their own original work. Crescent Virtual Assistant Ltd will assume no responsibility for any plagiarised material supplied by a client and reserves the right to return work, should Crescent Virtual Assistant Ltd become aware of such inappropriate use.
    5. Crescent Virtual Assistant Ltd retains the right to reject work for any client which involves material Crescent Virtual Assistant Ltd finds to be illegal, immoral or objectionable.
  2. Insurance

Crescent Virtual Assistant Ltd holds Professional Indemnity insurance and Public Liability insurance, and the details of this are available on request.

  1. Severability.

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

  1. Force majeure

If either party to this contract is prevented or delayed in the performance of any of the respective obligations under this contract by “force majeure”, then such party shall be excused from performance for so long as such cause or delay shall continue. For the purposes of this contract, “force majeure” shall be deemed to be any cause affecting the performance of this contract arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of either party.

 21. Entire agreement

This contract contains the entire agreement and understanding of the parties relating to the subject matter of this contract and extinguishes all previous agreements between the parties relating to the subject matter hereof.

  1. Signatures

A signature on the Contractual Terms and Conditions of Business is required before acceptance of a new client.  This indicates the client’s acceptance of our terms and full agreement of work to be undertaken, and payment to be made as stated. Ongoing bookings are subject to the same contractual terms and conditions agreed.

If not signed in person, the agreement is deemed to be accepted when filled in and returned by email or a digital signatory service.

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