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Our terms and conditions of business
In this agreement "we" and "ours" refers to Virtual PA (London) Limited whose main office is at Worlds End Studios, 132-134 Lots Road, London, SW10 0RJ; "you" refers to the Member; "our tasks" means the provision of our services to you such as the sourcing and engagement of a supplier to perform the services; "the services" means the services which you have engaged us to obtain on your behalf by a supplier; "Supplier" means a third party e.g. plumber, which we, acting as your agent and not as principal, have engaged for you to carry out services at your request; "Preferred Supplier" means a supplier whose ability, qualifications and insurance to carry out the services have been researched and approved by us.
As a registered and fee paying Member of Virtual PA (London) Limited you agree to abide by these Terms and Conditions and when ordering anything from a supplier of products or services (a "Supplier") you agree that these Terms and Conditions shall apply to your order.
We intend to rely upon the written terms set out here. If you require any changes, please make sure that you ask for them to be put in writing. In that way, we can avoid any problems surrounding what you and we are each expected to do.
A. Membership, Fees, Cancellations & Renewals.
1.1 You are obliged to provide correct details when you apply for Virtual PA Membership and your failure to do so may invalidate your Membership and any subsequent transaction. Your responsibility to provide accurate information is a continuing obligation and you must notify Virtual PA in the event that any information provided by you changes
1.2 We may make a search in relation to your financial status with a credit reference agency, which will keep a record of that search and may share that information with other businesses. If you are a company we may also make similar enquiries about your directors.
1.3 Save to the extent that law might require disclosure, we shall keep confidential to you all information about you and we shall not disclose any information about you to any other party except to a supplier to the extent that such disclosure is necessary to enable the supplier to perform the services requested.
1.4 We may monitor visits to our website and retain information about you (e.g. the use of cookies and other computer-held or computer- generated data).
1.5 Current membership fees are shown on the FAQ page. Any increase in Membership fees will be notified on the FAQ page and in writing to current Members with notice.
Any notice or communication which is given under the terms of this agreement or in relation to our tasks shall be served by first class post (in case of a notice being sent to us, to our main office address) and shall be deemed to have been received on the second working day after posting, or by fax or by email which shall be deemed to be received on the day of transmission if sent before 4pm or the next working day if sent after 4pm.
1.6 Your Membership fee is non-refundable. However, Virtual PA may at its sole discretion choose to refund your Membership fee in whole or in part depending on the circumstances relating to the cancellation of any Membership.
Virtual PA reserves the absolute right to cancel or suspend your Membership (at its sole discretion) for any reason. If Virtual PA cancels your Membership, it shall refund the balance of the monthly Membership fee on a time apportionment basis in respect of the unexpired period to which the monthly Membership fee relates.
There is no minimum or maximum period of membership and no joining fee.
If you wish to cancel your Membership, one months notice must be given in writing to the company's main address as above.
1.7 Membership fees are due on acceptance of your Membership application and monthly thereafter and are payable monthly in advance by direct debit or standing order.
1.8 If you are one of Virtual PA's founding Members then your monthly Membership fee will not be subject to any usual annual increase for a period of five years.
For non founding Members, your membership will remain at the same monthly fee for a period of two years after which time your Membership will be at the then current published rate.
B. Using your Membership
2.1 Our office hours are from 9.30am to 6pm Monday to Friday excluding Christmas Day, Good Friday and bank holidays. Any requests outside this period will be dealt with on an emergency basis at no extra service charge with only costs incurred being invoiced to the Member where necessary.
2.1.1 You may only make requests by telephone, e-mail or through the Site once you have been accepted as a Member.
2.1.2 Virtual PA will provide the Services as described on the Site at your request - that is you may request Virtual PA to provide or arrange any lawful, proper and moral personal service in relation to any personal needs or wishes (including, without limitation, provision of information, access to events, activities and venues, and personal goods and services) (the "Services").
2.1.3 Payment for our charges for our tasks shall be payable on invoice. Interest at 2% pa over the base rate from time to time of Natwest Plc will be charged upon any balance due which remains unpaid 14 days after invoice (both before and after judgment).
2.1.4 Virtual PA reserves the right to withdraw any of these Services and/or refuse to supply the Services requested.
2.2 If Virtual PA is unable to deal with any request, it will inform you as soon as reasonably practicable.
2.3 We shall not be responsible for the security of communications sent by us to you or others in relation to our tasks and the Services by email or fax. Please let us know if, at any stage, you do not wish to us to use email or fax for communications.
2.4 We endeavour to provide a high quality service to you in carrying out our tasks. If you are unhappy at any time about how we perform our tasks for you, please contact the managing director at our main office address, and we would seek to investigate any such complaint as soon as reasonably practicable and report back to you. This does not affect your statutory rights.
2.5 If any of provisions of this agreement are unenforceable such provisions shall be severed from this agreement and the remainder of the provisions shall remain in full force and effect. This agreement shall be construed in accordance with English law and we and you agree to submit to the non-exclusive jurisdiction of the English courts.
2.6 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement. We may assign our rights and obligations under this agreement. You may not assign your rights and obligations under this agreement.
C. Using a Virtual PA Supplier
3.1 We are a lifestyle management company and you have engaged us to perform certain services on your behalf, which may include the arrangement of services to be carried out for you by a supplier. Where only a supplier with suitable qualifications and/or insurance may legally carry out the services, we shall use reasonable endeavours to ensure that any supplier chosen by us to perform the services shall be so qualified/insured.
3.2 Virtual PA will communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
3.3 If we cannot arrange for a preferred supplier to perform the services for you, we may, with your prior approval, arrange for a supplier who is not a preferred supplier to perform the services requested.
3.4 Where we have engaged a preferred supplier to carry out the requested services, unless you have expressly requested or agreed to a particular supplier or a specific charge for the services, we shall make reasonable efforts to ensure that the supplier's charges for providing the services are reasonable having regard to the local market rate for such services in the general locality of the performance of the services. However, we give no warranty as to any supplier's charges for any services that have been ordered, negotiated or arranged by you direct with the supplier.
3.5 Whilst we shall use our best endeavours to ensure that any preferred supplier recommended by us is competent to carry out the services to a proper standard of workmanship and quality, we shall not be liable if his performance falls below that standard. Suppliers are responsible for providing you with the services and products you select.
3.6 Suppliers may impose their own Terms and Conditions and you are required to comply with these.
3.7 In the event that you engage us to arrange for services to be performed at a particular location, you will give reasonable access to such location (including to the interior of the premises) to us and our employees and agents and to the supplier and it's employees and agents as may be necessary for the services to be performed without hindrance.
3.7.1 Travel time to and from your premises for errand-running purposes is chargeable at our usual advertised hourly rates, capped at 30 minutes within central London. Travel time for work requiring our physical presence outside central London will be agreed on a case-by-case basis. Travel time is not chargeable if the amount of work takes a full working day of 7 hours or more.
3.7.2 You will be responsible for obtaining from other parties (e.g. landlord) or any government or competent authority any consent that may be necessary for the services to be provided.
3.8 We will not be liable under this agreement for any loss or damage caused by us or our employees or agents in circumstances where:
I. there is no breach of a legal duty of care owed to you by us or by our employees or agents;
II. such loss or damage is not a reasonably foreseeable result of any breach;
III. any increase in loss or damage resulting from the breach by you of any term of this agreement.
3.8.1 We will not be liable under this agreement for any loss or damage caused by the supplier, its employees or agents.
3.9 When ordering a product or service or accessing a benefit, you may be required to provide your Payment Card details and authorise Virtual PA to use your Payment Card in order to pay a Supplier for goods or services, you agree that Virtual PA shall have no liability in respect of or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Virtual PA acts in accordance with the instructions issued by you. All instructions must be confirmed in writing.
4.0 We shall not be liable to you if any document procured by us for you (e.g. theatre tickets) is subsequently found not to be genuine or if it is not accepted by any other party (e.g. theatre) as genuine. However, we shall use all reasonable endeavours to ensure that such documentation is genuine and bona fide.
4.1 We shall not be liable to you if we do not perform our tasks, or the services are not performed by any third party, for reasons beyond our control, e.g. strike, lock-out, labour dispute, transport difficulties, act of God, war, riot, civil commotion, malicious damage, application of law, accidental breakdown of plant and machinery, fire, flood, storm and other circumstances affecting the provision of goods and services.
4.2 Suppliers' charges for the performance of the services will at all times be payable by you, unless we have agreed otherwise. If it has been agreed that we shall tender payment for the services to any supplier, it will be on the basis that we do so as your agent and that you have provided the necessary funds beforehand.
4.3 Any complaint you wish to make about the performance or conduct of a supplier should be addressed to the supplier. We would however, request that you notify us of any such complaint first, since we might be of assistance in resolving any dispute and would also enable us to assess the adequacy of the supplier for future use.
D. Travel Services
Any services including travel tickets and package holidays purchased through Virtual PA will be subject to the terms and conditions of the travel or holiday operator and the Supplier. Please note that Virtual PA is not an authorised travel agent or tour operator and only acts as an introductory agent on behalf of the Supplier and Member. All rights and remedies you have are against the relevant Supplier.
