Terms and Conditions

Terms & Conditions 20/12/2020

LocalVPA does not require a signed agreement to enforce the terms and conditions. Please note that the use of any services or resources provided by LocalVPA, including the website (www.LocalVPA.com), automatically denotes the Client’s complete agreement with and acceptance of these Terms and Conditions.

Our service and these Terms and Conditions shall be governed by and construed in accordance with the laws of England.

LocalVPA is United Kingdom based, trading in the United Kingdom for tax purposes.

1 Definitions

1.1 'We' / 'us' and the 'Supplier' is LocalVPA

1.2 'You' is the Client representative or any individual contacting LocalVPA through the LocalVPA website or any other method.

1.3 “Client” means the individual or organisation that buys or agrees to buy the Services from LocalVPA.
1.4 “Contract” means the contract between the Supplier and the Client for the provision of Services incorporating these Terms and Conditions.
1.5 “Services” means the services that the Client agrees to buy from the Supplier.
1.6 “Supplier” means LocalVPA of The Old Laundry, Church Lane, Dogmersfield, Hook. RG27 8SZ.
1.7 “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.
1.8 “Website” means www.LocalVPA.com
1.9 “Invoice day” means the first day of a given month upon which monthly subscription fees will be taken/invoiced. If the invoice day falls on a weekend, the fees will be taken/invoiced on the preceding weekday.
1.10 “SignUp Form” means the form which is signed by the Client before any services are provided by the Supplier - 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 address stated in clause 1.6.
2.5 Nothing in these Terms and Conditions shall be taken to confer any rights under the Contracts (Rights of Third Parties) Act 1999.

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 & Payment

4.0 The price of the Services shall be stipulated on the SignUp form, or may be customised to the Client’s needs by agreement between the Supplier and the Client.
4.1 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.
4.2 Where applicable, the Supplier shall be entitled to charge interest daily on overdue invoices from the date when payment becomes due until the date of payment at a rate of 4% per annum above the base rate of HSBC bank from time to time in force.
4.4 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.
4.5 Subscription fees are taken/invoiced on the 1st day of the given month. The Client’s subscription will automatically renew on the 1st of every following month unless written notice is given to the Supplier in accordance with clause 5 below.
4.6 Fees for additional work requested by the Client will be invoiced as extra with the monthly fee on 1st of the following month.
4.7 Refunds are available solely at the discretion of the Supplier.
4.8 The named account holder agrees to personally guarantee and underwrite all and any debts owed to LocalVPA in the course of the relationship. By entering into this agreement the Client agrees that LocalVPA can recover all and any debts outstanding from the Client personally in the event that the Client’s trading entity, regardless of form, fails to settle the debts directly with LocalVPA.

4.9 International phone calls and other expenses such as excessive use of office consumables will be charged extra at cost. Such expenses will be communicated in writing to the Client as an extra cost before usage.

5 Performance & 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.
5.2 The Services shall continue indefinitely unless and until terminated in accordance with clauses 5.3 and 5.4.
5.3 Either party may terminate this agreement (as regards some or all of the Services) for any reason by providing written notice.
5.4 During the first 30 days, cancellation shall be deemed to take effect immediately upon receipt of the written notice. After the first 30 days, cancellation shall be deemed to take effect 30 days after the Customer’s next invoice day following receipt by LocalVPA of the written notice.
5.5 Any payments due following cancellation shall remain payable.
5.6 Should the Client terminate the account, 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 data platform and all data relating to the Client may be deleted within one month.
5.7 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.
5.8 The Client may not use the Supplier’s service to arrange or carry on any illegal or immoral activity.
5.9 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.
5.10 The Client agrees that the Supplier will use vetted, interviewed and approved LocalVPA representatives to fulfil the Client’s workload, task and project requirements.

6 Supplier Rights

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 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.

8 The use of LocalVPA representatives to provide services

8.1 The Supplier acts as an agent when arranging services for the Client. The Supplier operates a vetting procedure for all services arranged for the Client – however the Supplier cannot guarantee the quality of the services arranged as an agent.

8.2 The Client may need to agree to the terms and conditions of the external supplier in order for the services to be arranged.

8.3 The Client acknowledges that in order to arrange for the provision of products and services for the Client, it may be necessary for the Supplier to provide a LocalVPA representative with the Client’s details.
8.4 The Client or any of its officers, employees or associates may not at any time (either during or within five years of the last provision of service by The Supplier) contract with, employ, reward or pay – either directly or indirectly – any employee, LocalVPA representative, agent or freelancer introduced by, retained by or in any relationship with The Supplier.

8.5 Should The Client or any of its officers, employees or associates breach this term, a fee of the greater of £4000 or 12% of the employee’s annual total cost to the Client will become payable to The Supplier immediately. The Supplier will invoice the Client for this fee if it has a reasonable suspicion that the Client is in breach of this agreement.

8.6 If The Client provides evidence in writing that this agreement has not been breached The Supplier will cancel the invoice.

9 Limitation of Liability

9.1 Except as may be mandated by statute 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 in the preceding 3 months and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 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, specifically:
9.2a The Supplier will not be responsible for any damages the Client’s business may suffer.
9.2b The Supplier makes no warranties of any kind, expressed or implied for the services provided.
9.2c The Supplier disclaims any warranty or merchantability or fitness for a particular purpose.
9.2d 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.

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 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.

12 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.

13 Changes to the Terms & Conditions

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.
Monthly renewal by the Client of the Services will be deemed acceptable of the Supplier’s then current Terms and Conditions.

14 Money Back Guarantee

14.1 During the first 30 days, the Client may claim a reduction in Subscription Fees to be paid which relate to that initial 30 day period if it is found that major errors had been made on the account.
14.2 Thereafter no refunds or discounts will be made by the Supplier.

15 Client Data Privacy

15.1 The Supplier may contact the Client by online data platform, email and post – the Client can request that contact from the Supplier via a specific means ceases by contacting us to request this on 07787 154040

15.2 The Client will notify the Supplier immediately if the security of their account has been compromised or if an authorised person leaves their employment.

15.3 The Client is granted a non-exclusive licence to access the Supplier’s software and systems on the Supplier’s servers – all intellectual property remains that of the Supplier.

See separate Privacy Policy HERE