Terms of Use

Vortex 360 Virtual Office Resourcing Solutions Ltd t/a Vortex 360.co.uk

Important notice: We do not require a signed agreement. Your use of any services or resource provided by us, including this website, denote your complete agreement with and acceptance of these terms .

Geographic statement: Vortex 360 Virtual Office Resourcing Solutions Ltd  is an Irish based company trading in several countries throughout the world with local freelance or full time Virtual Assistants in each country, state or territory.

Our service and these Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland and the parties hereby submit to the exclusive jurisdiction of the Irish courts. Regardless of currency, all invoices and payable charges for our service originate from Ireland and, as such, we are an Irish based company trading in Ireland for tax purposes.

1 DEFINITIONS

1.1 “Client” means the individual or organisation who buys or agrees to buy the Services from the Supplier

1.2 “Consumer” shall have the meaning ascribed in S.I. No. 27/1995: EUROPEAN COMMUNITIES (UNFAIR TERMS IN CONSUMER CONTRACTS) REGULATIONS, 1995.

1.3 “Contract” means the contract between the Supplier and the Client for the provision of Services incorporating these Terms and Conditions;

1.4 “Project & Regional Manager” means the person who is assigned to a Client to oversee the tasks that are assigned to the Virtual Assistant.

1.5 “Package” means one of the nine packages Vortex 360 offers the Clients;

1.6 “Services” means the services that the Client agrees to buy from the Supplier;

1.7 “Supplier” means Vortex 360 Virtual Office Resourcing Solutions Ltd that owns and operates vortex360.com, vortex360.ie and vortex.co.uk;

1.8 “Terms and Conditions” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

1.9 “Virtual Assistant” means the person who provides professional administrative, technical, or creative (social) assistance to clients remotely .

1.10 “Website” means vortex360.com, vortex360.ie and vortex.co.uk; and any subdomains of these.

1.11 “Bill Day” means the monthly anniversary of the original signup, upon which further monthly subscription fees will be taken. In the event that the original bill day is not available in a future month (for example 31st) the fees will be taken on the 28th of the month.

1.12 “Signup form” means the online web page where the number of hours to be purchased is chosen, the price of each hour purchased is agreed, agreement to the Supplier’s terms and conditions is made and the Client’s initial purchase is made.

 

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Client’s statutory rights when buying as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Client and shall prevail over any other documentation or communication from the Client.

2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.4 Any complaints should be addressed to the Supplier’s email address – info@vortex360.co.uk.

2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

3 ORDERING

3.1 All orders for Services shall be deemed to be an offer by the Client to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

4 PRICE AND PAYMENT

4.0 The price of the Services shall be that stipulated on the Signup form, and is customised to the Client’s needs. The price is exclusive of VAT. VAT is only payable if the Client resides within Ireland or if the Client is a consumer resident outside Ireland,  as per http://www.revenue.ie/en/tax/vat/guide/supply-of-services.html#section3.

4.1 Payment of the monthly subscription price plus VAT for Irish based Clients, must be made monthly by Paypal, credit or debit card. Payment must be made without deduction or set-off.

4.2 Additional items such as postage and package, travel expenses, printing etc., will be itemised on invoices.

4.3 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.

4.4 Vortex 360 Virtual Office Resourcing Solutions Ltd will exercise our statutory right to interest and compensation for debt recovery costs under the European Communities (Late Payment in Commercial Transactions) Regulations 2012 if we are not paid according to agreed credit terms.

4.5 All rates are quoted in Sterling (GBP). For invoices in USD or EURO the rate of exchange will be at the time of the quotation, or if no quotation is required, the date of invoice.

4.6 The Supplier reserves the right to refer unpaid and overdue invoices to an accredited debt collector of the Supplier’s choosing, which may incur additional fees.

4.7 Subscription fees are taken on the Client’s Bill day at the beginning of the monthly period.

4.8 Fees for additional work requested by the Client are due prior to any additional work commencing and can be made via Paypal, credit or debit card or Direct Debit.

4.9 Refunds are available solely at the discretion of the Supplier.

4.10 The Supplier is VAT Registered.

4.11 The named account holder agrees to personally guarantee and underwrite all and any debts owed to Vortex 360 Virtual Office Resourcing Solutions Ltd in the course of our relationship. By entering into this agreement you agree that we can recover all and any debts outstanding from you personally in the event that your trading entity, regardless of form, fails to settle the debts directly with Vortex 360 Virtual Office Resourcing Solutions Ltd.

5 PERFORMANCE AND TERMINATION

5.1 The Supplier shall perform the Services with reasonable skill and care. However, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

5.2 The Packages are valid up to one month (30 days) from the date of the purchase.

5.3 Subject to clause 5.2, either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving notice to the other one full month’s written notice. Any payment due remains payable. Should notice be given part way through a billing period, notice is deemed to start on the Customer’s next Billday. Should the account be terminated by the Client, account information will be required for account security purposes. After the end of the paid-for period, the Client will have no further access to the account and all data relating to the Client may be deleted within one month.

5.4 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Client breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.

5.5 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services should the Client become financially insolvent.

5.6 The Client may not use the Supplier’s service to arrange or in relation to any illegal or immoral activity.

5.7 The Client agrees that the Supplier is not a recruitment agency or introducer and does not search or specifically select staff or third parties on behalf of the Client and therefore relevant recruitment agency laws and regulations do not apply to the Supplier.

5.8 The Client agrees that the Supplier will use vetted, interviewed and approved freelance Virtual Assistants to fulfil the Client’s workload, task and project requirements.

5.9 The Supplier uses Basecamp ©  software which facilitates a private secure space online for people to work remotely. See Terms of Use of Basecamp 3

6 RIGHTS OF SUPPLIER

6.1 The Supplier reserves the right to periodically update any prices shown on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure any prices shown are correct at the point at which the Client places an order.

6.2 If the Supplier updates the price paid by an existing Client, notice shall be provided to the email address held on record for the account no less than one full month prior to the change taking effect.

6.3 The Supplier reserves the right to withdraw the Services from the Website at any time.

6.4 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.

7 AGE OF CONSENT

All packages offered by the Supplier can only be purchased by persons over the age of 18.

8 CANCELLATION WHEN BUYING AS A CONSUMER

If purchasing as a Consumer the Client has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Client before the Client exercises this right to cancel, the right to cancel is lost.

9 LIMITATION OF LIABILITY

9.1 Except as may be implied by law where the Client is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Client shall be limited to damages, which shall in no circumstances exceed the regular monthly subscription price of the Services paid by the Client and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

9.3 To the extent permitted by law, the Supplier shall not be liable to the Client save as expressly provided for in this agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the customer.

    9.3a The Supplier will not be responsible for any damages the Client’s business may suffer.

    9.3b The Supplier makes no warranties of any kind, expressed or implied for the services provided.

9.3c The Supplier disclaims any warranty or merchantability or fitness for a particular purpose.

9.3d The Supplier is not responsible for any loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by the Supplier and its employees. The Supplier cannot guarantee that the service will be uninterrupted or error-free, or meet the Client’s requirements.

9.3e The Supplier is not responsible for any loss or damages the Client or Client’s business may suffer as a result of fraudulent or negligent activity carried out by any agent, person, freelancer or company working in association with or on behalf of the Supplier. The Client accepts all responsibility and risk for sharing any sensitive data, including financial or payment information, with any agent, person, freelancer or company working in association with or on behalf of the Supplier. The Supplier does not recommend the sharing of credit card information.

10 WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.

11 CONFIDENTIALITY

11.1 Both the Supplier and the Client undertakes to keep confidential and not disclose to any third party any confidential information supplied by the other under this Contract including but not limited to any reference to the terms and conditions in any advertising or publicity material without the prior written approval of the other party.

11.2 The Supplier undertakes to keep all information provided by the Client for the completion of the tasks confidential and will not disclose the information unless required by a court of competent jurisdiction or disclosure to a government entity is required.

12 FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, flood or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.

13 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 CHANGES TO TERMS AND CONDITIONS

14.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Client upon making a purchase until the Client’s monthly renewal of the Services occurs.

14.2 Monthly renewal of the Services will be subject to the Supplier’s then current Terms and Conditions.

14.3 Notification of changes to these Terms and Conditions will be made within the Client’s account.

14.4 The Supplier shall be entitled to alter the price of the Services provided at any time. Price changes will take effect in the next billing due, providing 10 business days’ notice has been provided within the Client’s account.

15 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of Ireland and the parties hereby submit to the exclusive jurisdiction of the Irish courts.

SCHEDULE

 

How it Works

  1. The Supplier uses Basecamp 3 to facilitate the communication between the Client and the Virtual Assistant. Please see the Terms of Use of Basecamp.com
  2. Once the Client has signed up to one of Vortex 360 Nine Packages, Vortex 360 will be in touch within one hour to learn more about your needs and to assign you a Project & Regional Manager.
  3. The Client will then be required to send on the detailed instructions of the tasks and the deadlines and expectations.
  4. It is the sole responsibility of the Client to ensure that the information and materials provided are accurate and legible and that the uses of them are lawful (i.e. copyright/trademark)
  5. All reports and information provided by Vortex 360 to the Client during the performance of the Work are provided for the sole use of the Client and Vortex 360 accept no responsibility nor liability arising from any reliance that may have been made on such reports and information by any third parties unless we have been given prior written permission specifically for such use or reliance.
  6. The Supplier is able to take receipt of any documentation associated with the assignment in the following formats – Microsoft Office and Adobe.
  7. The Client will be provided with username and password for Basecamp 3 to access the agreed work. All intellectual property of this software remains that of Basecamp.com.
  8. Vortex 360 Virtual Office Resourcing Solutions Ltd is not an employment agency, recruitment organisation or introducer.
  9. The Supplier will not be able to complete tasks that involve the installation or use of specialist software at their end, unless agreed in advance.
  10. The service does not include any international phone calls made by the Supplier on the Client’s behalf.
  11. It is the Client’s sole responsibility to proofread and check the Work executed. The Client must do so as soon as practicable and shall notify the Supplier of any errors within 7 days of receipt of completed Work. Any errors generated by the Supplier will be amended free of charge, however any amendments or alterations requested by the Client will be charged at £26 per hour.

 

REFUND POLICY

Refunds will be given at the sole discretion of Vortex 360 Virtual Office Resourcing Solutions Ltd.

 

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