This contract is between you as client listed above and JESSICA & CO AUST trading as JESSICA BYRNES ABN 36654849331
The contract is as follows:
Offer of Virtual Assistant and/or Social Media Content Creation and/or Consultant services;
Your package (“package”) is for Virtual Assistant and/or Social Media Content Creation and/or Consultant for services that can include any of the following:
– Data entry, transcription, organisation and email organisation.
– Editing video, adding intro & outros, uploading onto You-tube or Vimeo*.
– Automation of tasks inc. onboarding sequence, canned emails etc.
– Creation of social media quotations or branded image
– Designing an ebook or opt-in in PDF format including clickable links (fillable fields additional)
– Creation of landing page on Squarespace *, WordPress *, Leadpages* or divi*, creation of thank-you page, autoresponder workflow design & delivery (mailchimp* or active-campaign*).
– Website maintenance using squarespace*, jimdo* or wordpress with Divi theme*, uploading of Blogs, amending design, adding products for sale using paypal buttons.
– Weekly brainstorming sessions
*Subscriptions to third party providers are not included.
Expectations
Throughout our time working together, you can expect that I will:
Provide you with information about what I need to complete my tasks. Understand what your needs are in the way you want the tasks completed by a number of ways including providing a survey, sending you emails or messages, or via zoom calls.
If the work is not completed in the manner that you wished it to be (Hey, I’m a human and make mistakes), I will arrange a call with you to clarify how I can improve. Additional work will be completed to improve the work will be at no additional charge to you.
Do each task to the best of my ability and at the quickest pace that I can complete the task whilst ensuring that I am not rushing so as to cause errors in the tasks.
Be empathetic to you as you may have difficulties with letting tasks go, as you may wish to control exactly how they are completed.
Understand that trust builds over time and I will do the best to increase this trust between us.
Try to ensure that I help you stop wasting time on tasks that aren’t in your genius zone.
I expect that you will:
Provide me with the information and material that I require in a timely manner as discussed. If you fail to provide me with all the material requested, I will be unable to start work on your projects until a later date that I will advise you of.
Provide me with clear directions as to the tasks that you wish to be undertaken (if you need guidance, book a call. These calls will be included in your package. For example, if we are on a call for an hour, and you have a 5 hour package, you will have 4 hours left on your package. In the event you do not have a package, the meeting will be charged in 15 minute increments based on $75 per hour.
All social media packages are for a 3 month minimum commitment from initial package.
Regularly review your systems/workflows and will notify me of any changes.
Come fully prepared for our time together on any zoom calls.
Use your best efforts to complete all surveys and questionnaires.
Promptly provide payment for the Package prior to any tasks being commenced or if on a payment agreement, I agree to pay payments as they fall due.
There are no requirements or commitment with a social media audit however I need the contract signed so as you agree to the 72 hour time frame and confidentiality
Ask any questions you may have as they arise. Please note that reading and replying to messages is included as time spent on your package.
Communication:
I try to be attentive to my clients. Should you need to reach me, I will do my best to respond to you within 72 hours on weekdays. You can contact me via the ways listed in the welcome pack. I will respond to you between the hours of 9am and 5pm ADST on weekdays. I may occasionally respond to you outside these hours, but there is no obligation to do so. On weekends and holidays, I will do my best to reply to you by the next business day. Any e-mails, messages to be related to your Package are for quick questions and you will receive brief responses. If you want to discuss something at length with me, you will have to book a call with me via the booking link that I provide you in your welcome pack. Please come prepared to start and end your appointments on time. Apart the initial call or a call to fix a misunderstanding, all zoom calls and other forms of communication will be included in your packages.
Cooling off period:
This contract has a cooling off period of 5 business days. If notification of the termination of this contract is received within 5 business days, all monies paid will be refunded in full.
Expiration of services:
If the hours of the prepaid packages services are not utilised within 1 month from the date of the invoice, the consideration will be forfeited and no further services will be provided by Jessica Byrnes. This can be extended at the discretion of Jessica Byrnes. You will have access to a client portal which will provide you the details and time remaining in your packages and the expiry date. It is your responsibility to use the hours in the agreed time frame.
Edits:
All design work will have a maximum of 2 revisions per piece of work. Charges of $75 per hour will be charged outside of this.
Investment and Consideration:
You agree that you are financially willing and able to invest in this Package/service agreement and this has been your own choice with no pressure from anyone else. By investing in this Package, you will not experience financial hardship as a result. The investment has been presented and by purchasing said package you agree to the price. You agree that if you extend your package to an additional package, that this contract will extend to that additional package.
By paying the invoice, you agree to the terms and conditions and expiration dates of the package.
There is a 3 month minimum commitment to any package purchased and invoices will be sent two weeks prior to the next package taking effect which is payable within 7 days. A one – off $99 administration fee applies.
All agreements are to be considered ongoing monthly and require 30 days notice to terminate.
Payment Authorization and Receipt: If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Package without any additional authorization, and you will receive an electronic receipt. If I choose to provide you with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Package will be put on hold until payment is made. When a package is agreed upon for a project in writing and an invoice is raised, it must be paid prior to work commencing.
Missed Payment:
If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 3 day grace period to make the payment following the due date, otherwise your Package will be put on hold. If no payment is made within the 3 day grace period, the Package will automatically terminate and a 10% late payment fee of the invoice price will be applied each week and is payable.
Refund Policy:
It is my intention for you to be happy with your Package and services. If you decide to withdraw at any time for any reason, you are still fully responsible for making all Program payments, and I am under no obligation to refund you. Though refund requests will be assessed by me on a case by case basis and a refund may still be granted less any fees incurred from third parties for example Pay Pal or Stripe. This is subject to the statutory guarantees and warranties under the Competition and Consumer Act 2010 (Cth).
Cancellation Policy :
We understand your time is valuable and so is ours, so we endeavor to provide the best quality service in the time frame provided. Please note that once you have booked an appointment with us it means that we have reserved time in our schedule exclusively for you. In order to help us better serve our clients and provide bookings when available we have introduced a cancellation policy to ensure that relevant time can be given to those wanting to work with us.
If you cancel your appointment/booking less than 24 hours before it is scheduled to take place, you will be subject to 100% of the meeting charge to be invoiced to you.
If you cancel your appointment/booking 48 hours before it is scheduled to take place, you will be subject to 50% of the meeting charge to be invoiced to you. If your appointment is to take place on a Monday and a cancellation request comes from on a Friday, you will be subject to 100% of the meeting charge to be invoiced to you.
To avoid a cancellation fee, please provide cancellation notice at least 72 business hours prior to your appointment/booking.
You can cancel or reschedule an appointment by emailing us at hello@jessbyrnes.com.au or phoning 0416 925 745
Please note that cancellation requests sent to private channels such as social media accounts are not accepted.
Guarantees:
I abide by the following consumer guarantees for customers who are classified as “consumers” under the Competition and Consumer Act 2010 (Cth) which include that I as Virtual Assistant guarantees that the goods and services are of an acceptable quality. Acceptable quality means that the services are fit for all the purposes for which services of that kind are commonly supplied including that they are free from defects. I guarantee if services are sold by description that the services will correspond to the description. I guarantees that the services will be rendered with due care and skill. I guarantee that services will be supplied within a reasonable time frame. This does not apply if you reside out of Australia.
Warranty:
I do not provide any warranties under the Competition and Consumer Act 2010 (Cth).
Confidentiality:
Confidentiality is important to me. I will keep all information exchanged between us during the Package confidential. I will not disclose any information that you share with me during the Package to anyone else
unless: (1) they have a legitimate reason to know such information as a member of my team or staff, (2) when required by law, or (3) you have given me prior written permission.
Intellectual Property Rights:
I retain all ownership and intellectual property rights to any training videos, forms or asana templates provided to you including all copyrights and any trademarks belonging to me. Any training videos, forms or asana templates that are being provided to you for your individual use only and with a single user license. You are not allowed or authorised to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission.
Anything created for your business by me, including but not limited too canva creations, emails, landing pages etc are owned by you in full and you have full intellectual property rights over them When all accounts are paid in full. You are able to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the materials created by me for the sole purpose of your business.
Personal Responsibility & Assumption of Risk:
You acknowledge that you take full responsibility for yourself and all decisions made before, during and after your Package. You accept full responsibility for your choices, actions and results before, during and after this Package, and you knowingly assume all of the risks of the Package related to your use, misuse, or non-use of the Package or any of the Package materials.
You understand and agree that you are solely responsible for your results. If there has been a breach of a guarantee, please contact me firstly if you believe that there is a breach of the Competition and Consumer Act 2010 (Cth). If the matter cannot be resolved you may be entitled to compensation for further information contact the Australian Competition & Consumer Commission.
Disclaimer:
You agree that I am not responsible for your financial earnings or losses, or for any other result or outcome that you may experience with this Package.
Nothing related to this Package is intended to be considered medical, mental health, legal, financial, or religious advice in any way. For specific questions related to your financial, legal or tax situation, consult your own solicitor, accountant, and/or financial advisor. By signing this Agreement, you agree that you are also consenting to the full Disclaimer which may be found on my website.
Limitation of Liability, Indemnification, and Release of Claims:
I will not be held responsible in any way for my services, and any other information you have received from or through me related to this Package.
You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program Materials, to the extent permitted by applicable law.
Other Important Terms
Capacity:
You agree that you are over the age of 18 and you have sufficient legal capacity to enter into this agreement. The agreement cannot be made with a representative that you appoint unless a certified executed Enduring Power of Attorney is provided to the coach which has not been revoked.
Intention to be legally bound:
You and I agree that this agreement creates an intention to be legally bound.
GST:
The investment price DOES NOT include Goods and Services Tax. GST is payable at the same time payment is made for services.
Time is of the essence:
Time is of essence of this contract.
Termination:
If either of us want to terminate the Agreement at any time, we both agree to notify the other at least 30 days in advance by e-mail. Even after termination by either of us, all of the terms of this Agreement, including all of the Investment, Refund Policy, and Intellectual Property terms, will still apply to both of us now and in the future.
Notice:
All correspondence or notice required regarding the Package shall be made to me by e-mail at hello@jessbyrnes.com and to you at the e-mail address you provided during your initial questionnaire. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 days of any change. You agree to accept notices via email and are agreeable to checking your emails regularly.
Entire Agreement, Assignment, Survivability, Severance and Waiver:
This Contract contains our entire agreement. This Contract may be modified or amended at any time as long as the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Contract to anyone else, and the obligations under this Contract shall survive indefinitely unless otherwise stated in this Contract. If I choose to waive or not enforce one or more terms of this Contract, it does not in any way limit my right to later enforce every part of this Contract. If any term or part of this agreement is or becomes legally ineffective, invalid or enforceable in any jurisdiction of Australia, it will be severed and the effectiveness, validity or the enforce-ability of the remainder will not be effected.
Governing Law:
This Agreement shall be construed according to the laws of Australia in the State of New South Wales.
Notice:
All correspondence or notice required regarding the Package shall be made to me by e-mail at hello@jessbyrnes.com and to you at the e-mail address you provided during your initial questionnaire. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 days of any change. You agree to accept notices via email and are agreeable to checking your emails regularly.
Dispute Resolution:
Should we ever have any differences, it is hoped that we could work them out amicably through e-mail correspondence. However, if we are unable to seek resolution in 14 days, we agree now that that the only method of legal dispute resolution that will be used is the is the New South Wales Civil and Administrative Tribunal. If proceedings are commenced, you agree to attempt to settle the matter through Alternative Dispute Resolution. You understand and agree now that the only remedy that can be awarded to you through the New South Wales Civil and Administrative Tribunal is the full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the New South Wales Civil and Administrative Tribunal is final and binding. You also agree that should litigation take place, it will be held in Newcastle, New South Wales, Australia where my principal place of business is located, and the prevailing party shall be entitled to all reasonable solicitor’s fees and all costs necessary to enforce the decision of the New South Wales Civil and Administrative Tribunal.
Non-Disparagement:
If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Package, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms my reputation in any way, including on social media. When required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.
Acceptance:
By signing this Contract, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Contract. Electronic signatures of this Contract are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you are in Contract with all of the terms of this Contract. You have had the opportunity to take your time in respect of reviewing the contract and acknowledge that you have not been placed under undue influence when signing this Contract. You agree that you have had the opportunity to seek independent legal advice prior to signing this contract.