Terms of Business
1. INTRODUCTION
a. Initial Phone Consultation is free for new clients.
b. Any reference to “we”, “us” or “the firm” should be interpreted as a reference to Magnum VA (“MVA”).
c. The “Client” is any individual or business requesting work from MVA.
d. Our work with you will be governed by these terms and conditions unless otherwise agreed in writing by one of our directors.
2. GENERAL TERMS
a. From time to time we may find it necessary to amend Terms of Business. A copy of the latest version will always be available on our website.
b. Booking Form: prior to the commencement of a new project or set of tasks, a booking form will be completed and signed by both parties. It contains details of the tasks, including: agreed rate or payment package, deadline for the completion of work and all other particulars relating to the specific tasks. This signed document indicates the client’s acceptance of MVA terms and conditions contained herein.
c. Returned work to the client will be by email or by standard mail (hard copy, CD, DVD or memory stick as applicable) or as agreed. If the Client prefers a courier service, this can also be arranged. Postage, consumables, and courier charges are charged at cost to the Client.
d. Timescale: a suitable timescale will be agreed upfront by both parties. Time taken to complete the tasks will be recorded.
e. MVA reserves the right to refuse to undertake any work which is believed to be unethical, unlawful or outside of our skill-set.
f. MVA reserves the right to amend the cost of the provision of services at any time by giving the Client one month’s notice in writing.
3. PAYMENT TERMS
a. There are several payment options: bank transfer, PayPal or cheque – details will be provided on the invoice.
b. Pay-as-you go hourly services: invoices are payable within 7 days of the invoice date. Invoices will be sent by email to the Client (unless otherwise requested by the Client). Invoices will be sent on a weekly basis.
c. Retainer package clients: an invoice will be sent upon confirmation of the package booked for payment at the commencement of the service.
d. The hourly pay-as-you go rate will be billed in 15 minute increments, with time rounded up to the nearest quarter of an hour. The minimum invoice amount is one hour.
e. Our rates do not include expenses occurred by us on your behalf. These expenses may include (as and where applicable) couriers, special and recorded delivery charges, photocopying, travel and meeting expenses. These will be calculated at regular periods and invoiced accordingly. If we are required to make payments on behalf of the Client (for example travel costs and bill payments), the Client may either put funds on account with MVA to be used as and when required with written consent from the Client, or provide us with a means of payment on their behalf.
f. Should any payment fail, the Client will be liable for all related charges.
g. Late Payment: Overdue payment will be subject to a 10% late payment fee during the first 30 days and an additional 10% will be levied for every 7 days subsequent to that whilst the payment remains overdue. In the event that payment is not received after 10 weeks from the due date, we will instruct our legal department to handle matters, for which Clients may incur additional fees.
4. CANCELLATIONS
a. Either party can cancel the agreement with us with 10 days notice in writing. On termination of our services, you must pay our charges for work carried out up to the date of termination.
b. If an individual task is cancelled with less than 6 hours notice, a €25.00 administration fee will be incurred.
5. CONFIDENTIALITY
a. Any personal data supplied by the Client to MVA will be used strictly in accordance with the Data Protection Act of 1998.
b. MVA will not, at any time, either directly or indirectly, divulge, disclose or communicate in any manner, any information that is propriety to the Client, unless specifically requested to do so by the Client or obliged to by law.
c. All information and data will be treated with the strictest confidence and will not be used for the personal benefit of MVA. This stipulation will continue after the termination of any Contract or Agreement.
d. Any documents containing personal financial details belonging to the Client will be destroyed four weeks after completion and payment of the tasks or project.
e. If required by the client, Magnum VA would be happy to sign any non-disclosure or confidentiality agreements.
f. All work will be kept on file for a period of 6 months after which time it will be deleted unless specifically instructed by the Client otherwise.
6. LIABILITY
a. MVA cannot be held responsible for any loss or damage to data or equipment relating to projects or tasks, during transit to/from and within its premises.
b. MVA uses anti-virus protection and all incoming emails / documents will be scanned. We reserve the right to delete any unsolicited attachments or mail which causes concern from an unrecognized sender or has no subject heading or contains no message.
c. The Client is responsible for their own anti-virus protection.
d. It is the Client’s responsibility to ensure that all work submitted to MVA is correct and legible. Any errors made by MVA will be corrected free of charge.
i. Amendments other than those previously stated, will be charged at the appropriate hourly rate (either pay-as-you go or a discounted package rate).
e. MVA cannot be held responsible for the end use or content of any document produced or edited by them.
f. All completed assignments, returned to the client, will leave the premises in perfect condition – we cannot accept liability for damage or loss caused by Royal Mail or a courier service. In the unlikely and unfortunate event this should happen, we will do our best to chase any problems up with Royal Mail or the courier service on your behalf.
7. FORCE MAJURE
Neither Party shall have any liability under or be deemed to be in breach of the Agreement for any delays or failures in performance of the Agreement which result from circumstances beyond the reasonable control of the Party affected. Each Party shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than two months, either Party may terminate the Agreement by written notice to the other Party.
8. LAW AND JURISDICTION
The validity, construction and performance of the Agreement, and all contractual and non- contractual matters arising out of it, shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.