MY BUSINESS HQ LIMITED T/A MY VA BUSINESS
TERMS OF BUSINESS
Your attention is particularly drawn to the provisions of condition 13 (Limitation of liability).
1 - About Us
1.1 Company details. My Business HQ Limited (company number 09333934) trading as My VA Business and My Senior Assist Business (we and us) is a company registered in England and Wales and our registered office and main trading address is Fourwinds House, Balderton, Welsh Road, Chester, Cheshire CH4 9LF. We operate the website https://myvabusiness.co.uk/.
1.2 Contacting us. To contact us:-
- Email us at firstname.lastname@example.org; or
- By Post. Write to us at Fourwinds House, Balderton, Chester CH4 9LF.
How to give us formal notice of any matter under the Contract is set out in condition 18.2.
2 - Our Contract With You
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
3 - Placing An Order And Its Acceptance
3.1 Placing your order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3 Accepting your order. After you place your order, you will receive two emails from us, the first a receipt and the second a Welcome to the Programme email, at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the two emails.
3.4 If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
4 - FAB-VA and FAB-Senior programmes - Cancelling Your Order and Obtaining a Refund
4.1 We offer a 30 day no quibble money back guarantee on our FAB-VA and FAB-Senior programmes You may cancel your Contract for these services and receive a refund by notifying us as set out in condition 4.2 within 30 days of your receipt of the Welcome to the Programme email.
4.2 To cancel the Contract for FAB-VA or FAB-Senior, you must contact us using the details set out in condition 1.2 above. If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
4.3 Refunds under this condition will be provided by the method you used for payment. We may deduct from any refund an amount for the supply of the Services provided for the period up to the time when you gave notice of cancellation in accordance with condition 4.2.
5 - Our Services
5.1 We offer:-
- subscription services available to subscribers for a regular monthly payment including, without limitation, Monthly Support Package, Hosting Package (Subscription Services)
5.2 Third party providers. Some of our Services (including design services and hosting services) involve third party providers and, as part of your purchase, you may be required to agree to and accept their terms and conditions.
5.3 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
5.4 Compliance with specification. Subject to our right to amend the specification (see condition 5.5) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
5.5 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
5.6 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
5.7 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
5.8 Services in UK. The Services are designed for use in the UK and we cannot advise on other jurisdictions.
6 - Your Obligations
6.1 It is your responsibility to ensure that:
- the terms of your order are complete and accurate;
- you cooperate with us in all matters relating to the Services and abide by any requirements listed by us the specification for the Service(s) purchased;
- you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
- where the Services involve the provision of services by a third party, that you ensure you have read and understood any terms specified by the third party which relate to the Services to be provided to you and that you comply with such terms;
- you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
- you comply with all applicable laws;
- you do not allow anyone other than you to access the Services and not use the Services other than in accordance with our written instructions or authorisation.
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in condition 6.1 (Your Default):
- we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under condition 15 (Termination);
- we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
- it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
7 - Charges
7.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this condition 7.
7.2 The Charges are the prices quoted on our site at the time you submit your order.
7.3 If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
7.4 We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see condition 7.6 for what happens if we discover an error in the price of the Services you ordered.
7.5 Our Charges may change from time to time, but, other than in relation to Subscription Services, changes will not affect any order you have already placed. Regular subscription prices may vary from time to time and we will notify you at least one month prior to any increase taking effect to give you the opportunity to cancel your subscription in accordance with condition 15.
7.6 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. Where the correct price for the Services is less than the price stated on our site, we will refund the difference and if the correct price for the Services is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled, notify you in writing and and refund you any sums you have paid.
8 - How to Pay
8.1 Payment for the Services is in advance unless otherwise agreed by us in writing on formation of the Contract. We will take payment upon acceptance of your order and, in relation to any Subscription Services, we will take subsequent payments monthly in advance.
8.2 You can pay for the Services using a debit card or credit card and details of the cards we accept can be found on our website. Card payments are taken by Stripe. For any failed or cancelled payments, a £20 administration fee will be levied.
8.3 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under condition 15 (Termination),
- where the failure to pay relates to an agreement to pay for Services by instalments, all remaining instalments will become immediately due and payable; and
- you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this condition 8.3 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
8.4 We shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9 - Complaints
If a problem arises or you are dissatisfied with the Services, our complaints policy can be found here https://myvabusiness.co.uk/complaints-procedure/
10 - Intellectual Property Rights & Customer Materials
10.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
10.2 We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to access the deliverables specified in your order (excluding materials provided by you) solely for the purpose of receiving and using the Services and such deliverables in your business. You may not otherwise access the deliverables or sub-license, assign or otherwise transfer the rights granted in this condition 10.2. You will be liable to us and will, to the fullest extent permissible by law, indemnify us for any loss or damage suffered by us as a result of your breach of this clause.
10.3 You are responsible for all information, text, graphics, photos, videos, notes, observations, logos, data or other material provided to us or our third party providers, including its legality, reliability, and appropriateness. Specifically, you agree, represent and warrant that you have the right to use and share all such materials and that nothing comprised in such materials:
- is sexually explicit, obscene, deliberately offensive, hateful, promotes violence or is otherwise inflammatory;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this condition 10.3);
- implies any form of affiliation with us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
10.4 You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you under condition 10.3 and will be responsible for any loss or damage suffered by us as a result of such breach.
10.5 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
11 - How We May Use Your Personal Information
11.1 We will use any personal information you provide to us to:
- provide the Services;
- process your payment for the Services; and
- inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
12 - Viruses, Malware and Security
12.1 We exercise all reasonable skill and care to ensure that Services provided over the internet are secure and free from viruses and other malware. We do not, however, guarantee that the Services are secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in condition 13.
12.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
12.3 You must not
- deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Services or attempt to gain unauthorised access to any part of the Services, the server on which Our Materials are stored, or any other server, computer, or database connected to the Services;
- attack the Services by means of a denial of service attack, a distributed denial of service attack, or by any other means
and breach of these provisions may be a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Services will cease immediately in the event of such a breach and, where applicable, your access will be suspended and/or deleted.
13 - Limitation of Liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION.
13.1 You assume sole responsibility for the results obtained from the use of the Services and deliverables and for the conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information provided by us or in any use of the Services outside of our recommendations.
13.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
13.3 Subject to condition13.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- any indirect or consequential loss.
13.4 Subject to condition13.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
13.5 We have given commitments as to compliance of the Services with the relevant specification in condition 5.4. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
13.6 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
13.7 Nothing in these Terms limits or affects the exclusions and limitations set out in our Terms & Conditions at https://myvabusiness.co.uk/terms-conditions/.
13.8 This condition 13 will survive termination of the Contract.
14 - Confidentiality
14.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by condition 14.2.
14.2 We each may disclose the other's confidential information:
- to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this condition 14; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
14.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
15 - Termination, Consequences of Termination and Survival
15.1 Termination of Subscription Services by you. You may terminate your subscription to any Subscription Services at any time by contacting us as set out in condition 1.2 above. We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve the Service in the future, however please note that you are under no obligation to provide any details if you do not wish to.
15.2 Termination by us. Without limiting any of our other rights, we may suspend the performance of the Services (whether Subscription Services or Non-Subscription Service), or terminate the Contract with immediate effect by giving written notice to you if:
- you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
- you fail to pay any amount due under the Contract on the due date for payment.
15.3 Consequences of termination
- On termination of the Contract the hosting of your website and your access to the Hub and any Facebook or other group operated by us or on our behalf will immediately cease.
- Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
15.4 Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
16 - Events Outside Our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
16.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
16.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
17 - Non-solicitation
You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of six months following termination of the Contract.
18 - Communications Between Us
18.1 When we refer to "in writing" in these Terms, this includes email.
18.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
18.3 A notice or other communication is deemed to have been received:
- if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
- if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second working day after posting; or
- if sent by email, at 9.00am the next working day after transmission.
18.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
18.5 The provisions of this condition will not apply to the service of any proceedings or other documents in any legal action.
19 - General
19.1 Assignment and transfer
- We may assign or transfer our rights and obligations under the Contract to another entity.
- You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
19.2 Variation. We may from time to time vary these Terms and will notify you by email each time the Terms are updated.
19.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
19.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
19.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.