VBiz shall mean Virtual Business Services Limited
Client shall mean the person, partnership or company or third party that Vbiz will work for.
1. General
1.1 VBiz reserves the right to change or amend these Terms & Conditions without notification.
1.2 VBiz only conducts business subject to these Terms & Conditions.
1.3 Should any clause of these Terms & Conditions be deemed illegal, un-enforceable or not applicable, the remaining portions shall remain in force.
1.4 Governing law and jurisdiction: This Agreement will be governed by the laws of England and any user of the website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
1.5 By engaging VBiz to carry out works, the Client is deemed to have read, understood and accepted these Terms & Conditions in full and agrees to be bound by them.
1.6 In accepting these Terms & Conditions, the Client accepts that these Terms & Conditions take precedence over any Terms & Conditions imposed on suppliers by the Clients own Trading Terms.
1.7 Any Client deemed in breach of these Terms & Conditions, at the sole discretion of VBiz, may suffer termination of ALL services and subsequent legal action.
1.8 VBiz reserves the right to change any part of this agreement without notice and your use of your private area of the website (via login) will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.
1.9 Neither the Client nor Vbiz shall without written consent from the other party during the life of, or within a period of 12 months following the date of which the agreement is terminated:-
- employ any person, who whilst was an employee / contractor of the other party was engaged in the provision of any part of the services under this agreement
- solicit or endeavour to induce any such employee / contractor to leave the other party’s employment
2. Payment Terms
2.1 All works are carried out in a given month will be invoiced for on the last working day of that month or as soon as practical in the month to follow.
2.2 All invoices must be paid in full within 14 days of date of issue.
2.3 VBiz reserves the right to apply interest on late payments at a rate of 4% per month or part thereof that a payment remains outstanding, unless notified under provision 2.4 below.
2.4 Complaints or queries regarding invoices must be notified to VBiz within 7 days of the date of the invoice to avoid interest payments as laid out in provision 2.3 above.
2.5 Late or non payment of contracted fees shall be liable to interest as laid out in provision 2.3 above, and will result in the service being withdrawn until full payment of the overdue amount is made, including the period of any withdrawal of service and the interest accrued.
2.6 Any Cheques returned unpaid by a Client’s bank, for whatever reason, will incur a penalty charge of £50 to cover the cost of recovering the unpaid sum.
2.7 VBiz reserves the right to instigate legal proceedings on any unpaid sum, including interest accrued, not subject to section 2.4 above, overdue for a period of more than 60 days from date of invoice and that the Client shall be liable to all and any costs, incurred by VBiz in taking such action, including but not limited to legal fees, court fees, collection agency costs and administration costs incurred by VBiz.
3. Cancellations
3.1 Cancellation of service contracts must be done in writing to the registered address of VBiz, at least 30 days prior to the cessation of service. All fees due, up to and including the date of cessation of service, shall be paid at the time of notification of cancellation.
3.2 Within 14 days of cancellation, and providing the Client’s account has been settled in full including all interest charges if applicable, all archived data held by VBiz in respect of previous trading years, if any, will be transmitted to the client in paper form or in an accounting package format such as Sage. This is at the discretion of VBiz.
3.3 All data processing for the current year will cease 14 days prior to cessation of service to facilitate the completion of the data prior to transfer.
3.4 VBiz reserves the right to cancel any service contract or works in progress, without notice or forfeiture of fees due, should any member of VBiz staff, or our appointed agents, be subjected to threats or intimidation, physical or verbal abuse, unsafe working environments or practices, or are subject to or asked to participate in illegal activities, including, but not limited to, theft, fraud, deception or forgery.
4. Liability
4.1 VBiz shall not be liable to the Client nor to any third party for any direct or indirect loss of profit, anticipated savings, business, contracts, revenue, time, goodwill or loss of or harm to data or other content or for any other indirect or consequential loss, however caused, including, but not limited to, withdrawal of service subject to provision 2.5 above or cancellation by VBiz subject to provision 3.4 above.
4.2 The Client acknowledges that VBiz shall not be liable to the Client in respect of any loss or damage arising from the Client’s use of or reliance upon any advice or information provided by VBiz.
4.3 Subject to the other provisions of this Clause, any liability VBiz may have to the Client in contract, tort, or otherwise in connection with the supply or non-supply of Services shall be limited to a total of £200.
4.4 VBiz makes no warranties of any kind, either expressed or implied, as to the fitness of purpose, performance or reliability of any software, hardware or service offering, including, but not limited to, third party products or services, supplied through or by VBiz to the Client.
4.5 Any disclaimers and exclusions of liability in these terms and conditions shall not apply to any damages arising from death or personal injury caused by our negligence. These disclaimers and exclusions shall be governed by and construed in accordance with English law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
5. Complaints Procedure
5.1 All complaints shall be brought to the attention of VBiz in writing to the registered address of VBiz, no later than 30 days from completion of the works from which the complaint arises.
5.2 All and any remedial actions required to resolve a complaint are at the discretion of VBiz, who shall validate any complaints prior to any remedial action being taken and subject to provision 4.2 above.
5.3 VBiz will make all efforts to resolve a complaint to the Client's satisfaction, however where a suitable resolution to a complaint cannot be reached, the case will be put before independent arbitrators for adjudication, the results of which shall be binding on both parties. Any liability VBiz may have is subject to provision 4.4 above, as applicable.
5.4 Under no circumstances will VBiz enter into a dialogue with the Client’s legal representatives unless the applicable provisions of Clause 5 have been met. Any legal action taken by the Client in connection with a complaint that has not fulfilled the applicable provisions of Clause 5, shall itself be deemed a breach of these Terms & Conditions and subject to provision 1.6 above.
6. Website and Internet
6.1 VBiz has complete discretion to modify or remove any part of this site without warning or liability arising from such action.
6.2 Copyright: All intellectual property of VBiz such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the website remain the property of VBiz.
6.3 By using the website you agree to respect the intellectual property rights of VBiz and any third party and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the website and or programmes on the website.
6.4 Disclaimers: The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
6.5 The information contained with the website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the website.
6.6 We do not guarantee uninterrupted availability of the www.VBiz-services.co.uk website and cannot provide any representation that using the website will be error free.
6.7 Third parties: The website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
6.8 We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
7. Terms of acceptance of contracts
7.1 All service contracts are subject to an onsite work assessment prior to commencement of the contract which may incur an agreed fee.
7.2 All service contracts whether undertaken by verbal agreement or by formal contract are accepted subject to these Terms & Conditions, and may be terminated by VBiz at any time, subject to notification of the Client, in writing, 30 days prior to termination.
Application
8.1 These Terms & Conditions shall be effective from the First Day of July 2008 and shall remain in force until superseded or amended.
8.2 Application or acceptance of these Terms & Conditions does not affect your statutory legal rights under English Law.
Force Majeure
The Company shall not be liable for any default due to any circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.
