Terms and conditions
- Offer and acceptance
- Our terms of engagement are made up of these standard terms, and form an offer to enter into an agreement with you regarding the services to be provided to you as part of your membership. If you accept this offer you will be bound by the terms and conditions of the agreement and our Code of Conduct.
- Acceptance may be by:
- giving us instructions to proceed after receiving this document,
- contacting us and advising of your acceptance, or
- paying to us the amount requested in full or implementing the payment option.
- Or signing up and setting up a profile on the VA Placements Directory and active search.
- Term of agreement
This agreement will remain in place until such time that it is terminated by you in writing or until such time that 121 Temps Pty Ltd terminates the agreement. (see section 3.)
121 Temps Pty Ltd may terminate this Agreement at any time. In addition, if the VA Partner is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Company, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Company at any time may terminate the membership of the VA Partner immediately and without prior written notice to the VA Partner.
The VA Partner acknowledges that as a member, he/she may have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by 121 Temps Pty Ltd and/or used by the Company in connection with the operation of its business.
The VA Partner agrees that he/she will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this relationship with the Company. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, courses, webinar recordings, templates, guides and similar items relating to the business of the Company, coming into his or her possession, shall remain the exclusive property of The Company . The VA Partner shall not retain any copies of the foregoing without the Company’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the VA Partner shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in his or her possession or under his or her control. The VA Partner further agrees that he/she shall at all times preserve the confidential nature of his or her relationship to the Company and of the services hereunder.
- Conflicts of Interest
The VA Partner represents that he/she is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between the VA Partner and any third party. Further, the VA Partner shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which he or she does not have a proprietary interest.
- We reserve the right to issue a separate invoice for any additional services that you ask us to supply which is outside this agreement.
- Our invoices are payable on 7 days after receipt. If the invoice remains unpaid for 7 days after becoming due for payment a late fee of $50 may be charged at the discretion of The Company to recover the cost of debt collection.
- Successors and Assigns:
All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
- Choice of Law:
The laws of the state of Queensland shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
- Entire Agreements:
This contract contains the entire agreement between the parties with respect to its subject matter and supersedes all prior.
- Refunds and Cancellations (membership)
By signing this agreement, the VA Partner is committing to complete all payments due. No refunds will be given and full payment is required for any outstanding amounts on termination of this contract for any reason. If you discontinue to practice as a virtual assistant you must provide 4 weeks paid notice of intention to discontinue your membership. Outstanding payments for services that incur an external charge will be invoiced to you separately.
The contract shall not be modified, amended or supplemented except by an instrument in writing duly executed by the parties. In any event, these standard terms will apply to any additional work.
Unless otherwise stated, all fees and expenses are ex-GST and where applicable will be increased by the amount of GST or other tax.
It is further acknowledged that:
- The VA Partner shall be deemed an independent Virtual Business Owner and is not an employee, partner, agent or engaged in a joint venture with and does not have any interest in 121 Temps Pty Ltd.
- The VA Partner agrees that all business received through 121 Temps Pty Ltd is as a result of a relationship created between the client and 121 Temps Pty Ltd in the first instance. All jobs are advertised through the VA Placements website and VA Partners are required to set up a separate account on this website and follow guidelines as provided by the site.
- The VA Partner agrees to uphold the 121 Temps and VA Placements Code of Conduct and acknowledges that a breach of the Code of Conduct will be considered serious misconduct and may lead to termination of this agreement. Following a termination of this Agreement, the client or clients previously referred by the company will be advised that you are no longer a member because of a breach in our Code of Conduct. The Company reserves the right to take legal action to obtain recompense for any damage caused to its reputation by the VA Partner not adhering to the Code of Conduct.
- The VA Partner warrants that:
- He/She is not an undischarged bankrupt
- He/She holds and will continue to hold and keep public liability insurance.
- He/She will be personally responsible for the nature, quality and presentation of work or services provided directly to clients introduced by 121 Temps Pty Ltd.