Terms & Conditions

VIRTUALLY THERE OFFICES TERMS OF SERVICE

These terms have:

• No long minimum term
• No set up fees or deposit to pay
• No cancellation fees

The terms and conditions detailed govern the Agreement for your use of Virtual Office, Call Answering and Support Services between the Company (VT), Virtually There Offices Limited, Henleaze House, 13 Harbury Road, Henleaze, Bristol, BS9 4PN as the provider of agreed Services, and the User.

The User agrees that the Services will be used only in accordance with these terms and conditions.

1. GENERAL SERVICES

1.1 The User has entered into this Agreement for the provision of Services and Additional Services by VT as detailed by their online application and confirmation email.

1.2 No variation to these Conditions shall be binding unless agreed in writing

1.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of the offer, invoice or other document or information issued by VT shall be subject to correction without any liability on the part of the VT.

1.4 This Agreement is for the initial fixed term period and shall be extended automatically on a monthly or annual basis thereafter, depending on the frequency chosen when signing up.

1.5 No notice of renewal will be given so it is the User’s responsibility to cancel within the terms below if they do not wish to renew the services.

1.6 Any payments taken are non-refundable unless they comply with our termination terms.

1.7 We reserve the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate from time to time.

1.8 A card validation fee may be required when the User agrees to a service with an initial free period before service payment is requested.

2. CALL ANSWERING SERVICES

2.1 The User acknowledges that Virtually There is a virtual office and telephone answering service and whilst Virtually There will endeavour to comply with the User’s requests, unusual or client specific requests cannot always be guaranteed.

2.2 The User understands that Virtually There accepts no responsibility for direct or indirect losses to The User or others as a result of any operational or technical errors.

2.3 The User accepts that calls will be taken by Virtually There within the agreed operating hours. Unless a 24-hour service is paid for then Virtually There holds no responsibility for calls outside of Standard Service Hours (08h30 to 18h00, Monday to Friday). Changes to service hours can be made when agreed in writing to the service level required. All call answering services exclude bank holidays, Saturdays and Sundays.

2.5 Virtually There agrees to employ continued quality control and monitoring of its network, service providers and systems in so far as is reasonably possible and necessary in order to maintain service levels.

2.6 Virtually There and The User acknowledge that from time to time anomalies as a result of human error and technical faults may occur.

2.7 All calls will be answered based on the information given in writing to Virtually There by The Use either at the point of agreement or later. The User undertakes to provide sufficient information in the format requested. Any training required over and above Virtually There’s standard services training, will be paid for by The User. Costs for additional training will be offered by Virtually There and will be payable in advance.

2.8 The User accepts that not every call will result in a message and that some callers will leave insufficient information for a complete message to be sent. Virtually There will make all reasonable efforts to filter unwanted calls.

3. VIRTUAL OFFICE SERVICE

When agreeing to a Virtual Office and the use of one of VT business centre’s as your business address, the User agrees to the following:

3.1 Virtual office services include the management of letter post only. We will securely store your mail for 3 months. Thereafter your mail will be securely shredded and destroyed. VT offer to forward your post for up to 3 months after your subscription cancellation at an additional cost. You can collect your mail from Henleaze House, Bristol, BS9 4PN.

3.2  Parcel deliveries are only accepted at VT’s Henleaze House virtual address for customers with a Henleaze House Virtual Office or Registered Company Address subscription. Where the service includes parcel deliveries, the User agrees to collect the parcel from VT within 48 hours. VT will advise you by email of the receipt of a parcel or delivery, and we will hold it securely for the agreed period. Thereafter, parcels held by VT will be charged at a cost of £5.00 per week plus VAT. Where the services exclude parcel deliveries, each parcel delivered will incur a penalty fee of £100. VT will not be liable for the security and condition of any package.

3.3 When using VT services for a Virtual Office, the User may use the designated Centre address as its business address.

3.4 Virtual Offices can only be used on a single business name basis, we will only accept mail for the Company name included in this agreement, any subsequent business names must be contracted separately.

3.5 The User will not use the virtual office address as your registered office address under any circumstances unless agreed with us in advance as an additional service. VT reserves the right to charge an annual fee of £60 plus VAT for the registered service, if VT is required to apply to have the User removed from Companies House then VT reserve the right to charge the User £250 plus VAT.

3.6 Where the User opts to use VT premises for a registered office address, [only in selected locations] there will be an annual charge of £75 plus VAT. It is the User’s responsibility to comply with all the statutory requirements laid down by HMRC. VT will request the necessary information to complete the application forms for the Registered Offices registration. It is the User’s responsibility to ensure that this information is correct and agrees to advise VT of any changes in this information or their circumstances promptly.

3.7 Users receiving post scanning services on a fixed price plan are subject to a fair use policy of 30 letters a month. If a customer exceeds the fair usage limit of 30 items, a Virtually There representative will contact you to establish a reasonable usage charge that will permit you to continue to use the service.

3.8 If discounts are triggered through the activation of additional virtual offices, the discount only applies to the additional virtual offices and not the original subscription. In the case of activating multiple virtual offices without previously subscribing to a virtual office service, the discount is applied to the virtual office of the least value.

3.9 Users receiving post scanning services can request mail to be forwarded to a specified address at an additional cost. Users will be charged a mail handling fee and the Royal Mail delivery fee for each piece of post forwarded.

3.10 Monthly and annual charges are subject to change.

4. WEBSITE HOSTING SERVICE

When agreeing to a Website Hosting, the User agrees to the following:

4.1 Website Hosting services include the management of your website. We will provide the technologies and services needed for the User’s website or webpage to be viewed on the Internet. Websites will be hosted on VT’s servers.

4.2 Resources are shared between many customers on the same servers. The User’s website, however, will be given a unique address (DNS).

4.3 VT’s monthly subscription plans do not provide the User with root/administrative access to the service or cPanel. We handle core patching, security, monitoring and backups. Additional configurations and installations can be performed for an additional fee.

4.4 Hosting backup and restore services saves the User’s website files to the cloud once monthly. These backup and restore services are available with VT’s website hosting plans.

4.5 The User acknowledges that VT’s Hosting is a form of shared hosting service which includes dedicated resources for each Hosting Package, but that a Premium Hosting Package does not give the User a dedicated server.

4.6. The User shall be provided with web hosting services with RAM resources and fixed storage, depending on the Hosting package purchased.

4.7. The User is entirely responsible for ensuring that it has purchased the appropriate Hosting package.

4.8 The User is not entitled to a credit against their monthly service cost in respect of any downtime periods.

5. DIGITAL MARKETING SERVICE

5.1 When agreeing to Online Marketing services, including Virtual Marketing Director service, Online Advertising service, and SEO Packages service, the User agrees to the following:

5.2 Online Marketing services can only be used by and discussed with account owners and persons with authority on the account. There will be no support to end users, unless consent has been provided by the account holder, in writing.

5.3 The service is available on request (subject to the availability of the Online Marketing Team). You are charged a monthly subscription fee for the relevant VT package.

5.4 The scope of each Online Marketing service is detailed within the service description at the time of purchase.

5.5 Online Marketing Team are available Monday – Saturday between 0900hrs and 1700hrs (excluding public holidays).

5.6 Prior to any service being carried out, the User must agree to the service and the price quoted. Payment for the Premium Services is taken upon booking of the service or subsequent to the service being provided to the User, depending on User’s payment method.

5.7 You have the right to cancel the Order for Premium Services by e-mail in accordance with VT’s service termination policy. Due to the nature of the Online Marketing services, the User will not receive a refund of the service fee if the work has commenced.

5.8 Cancelling the Online Marketing services has no effect on any other existing VT subscriptions.

5.9 If applicable, the User must provide the Account Manager with remote access in order for the service to be successfully carried out.

5.10 The User is required to fully cooperate with Us in order for the Services to be completed successfully.

5.11 The User will be asked to provide files and information (“Content”) for the setup of services. Content must not be illegal/offensive in nature, and the User must be the owner, or have the relevant permission from the copyright holder if using third party materials.

5.12 Content and materials provided by the User (for example images and logos) should be of good quality and suitably sized for their intended use. The User must not provide content or materials for which they are not the copyright holder, or for which the User does not have the permission of the copyright holder to use (excluding open-source content and materials).

5.13 The User will be notified by VT when the service has been completed.

5.14 We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the User or for any wasted management time or failure to make anticipated savings or liability the User incurred to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

6. FINANCIAL

6.1 VT reserves the right to increase the price of the Services and Additional Services by giving one month’s notice in writing or email.

6.2 All prices are exclusive of VAT.

6.3 All fees to be paid by our online payment system Chargebee. Upon accepting these terms and during the setup of the service you will be required to enter your credit, debit card or direct debit details into our online portal. Virtually There use Chargebee and Stripe for the processing of card payments.

6.4 The service will not be activated until the payment criteria is in place and operational. Invoices and billing occur on the monthly anniversary of the service starting for the subsequent service month. Where a client receives a free initial period, billing will commence on the anniversary of the free trial period (agreement start date) to the end of that calendar month- normal billing will commence thereafter, with billing for the next subsequent month taken in advance.

6.5 VT will send all invoices electronically (where allowed by law)

7. CONDITIONS OF USE

7.1 The User shall not use or permit to be used the services being provided by VT for any illegal purpose or for any purpose considered by VT to be immoral or which may damage prejudice or endanger the reputation and standing of VT and it Clients.

7.2 The User shall provide VT with personal identification, (passport or driving licence) of the Company’s principle and proof of home address.

7.3 Should The User be in breach of 5.1 VT shall be entitled to terminate this Agreement immediately.

7.4 VT is required by law to register with HMRC the names and addresses of persons using this service.

7.5 During the period of this Agreement and for a period of six months after it ends, VT or The User will not knowingly solicit or offer employment to any of the other’s staff employed by VT. It is acknowledged that the party in breach shall pay the non-breaching party the equivalent of one year’s salary from any employee. This Clause is not intended to restrict either party from employing an individual who responds in good faith and independently to an advertisement that is made to the public at large.

7.6 The User must not carry on a business that competes with VT business of providing serviced office accommodations, virtual offices and call answering.

7.7 Google My Business guidelines state that virtual offices are not considered service-area businesses and that you need to have the office staffed during business hours.

7.8 Multiple company names and/or trading names cannot be applied to a single subscription.

8. FORCE MAJEURE

8.1 VT shall not be liable to or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of VT’s obligations in relation to the Services or the Additional Services, if the delay failure or loss was due to any cause beyond VT’s reasonable control. To the maximum extent permitted by applicable law, VT will not be liable for any loss sustained as a result of VTs’ failure to provide a service as a result of any mechanical breakdown, strike, or termination of VTs’ interest in the building containing the Centre.

8.2 The User herewith expressly agree to waive, and not to claim for damages, direct, indirect, punitive, special or consequential, including, but not limited to, lost business, revenue, profits or data, for any reason whatsoever arising out of or in connection with this agreement, any failure to furnish any service provided hereunder, any error or omission with respect thereto, from the failure of any and all courier service to deliver on time or otherwise deliver any items (mail, packages, etc.) or any interruption of services.

9. TERMINATION

9.1 This Agreement may be terminated by giving formal written notice on company headed paper or a company email account stating his or her intention to terminate the Agreement. This formal notice will need to be received before the anniversary of the subscription date notifying Virtually There of your intention to terminate the Agreement at the end of the next full month on the expiration of the agreed initial fixed term.

9.1.a. For the avoidance of doubt, any annual subscriptions will need to be cancelled at least one full month before the anniversary of the subscription date. Any cancellations received after this date will apply for the following year’s subscription.

9.2 This Agreement may be terminated by Virtually There Ltd by giving not less than one full month’s written notice of the intention to terminate the Agreement on the expiration of the agreed initial fixed term.

9.3 The following obligations are conditions of this Agreement and any breach of them shall be deemed to be a fundamental breach which shall cancel this Agreement immediately:

Failure on the part of to make punctual payment of all sums due to VT under the terms of this Agreement; Failure on the part of to observe any obligation under this Agreement;

9.4 In the event of this Agreement being terminated you shall immediately pay to VT any arrears in respect of Services and/or Additional Services provided by VT and any other sum due under the terms of this Agreement.

9.5 In the event of VT owing any sums to you on the termination of this Agreement, VT shall return to you any money due subject to withholding a sum representing VT’s reasonable administrative costs.

9.6 Any notice under this Agreement shall be in writing and shall be sufficiently served upon you if posted to the address communicated to VT from time to time or emailed and upon VT if posted to the Henleaze Business Centre, 13 Harbury Road, Henleaze Bristol BS94PN or emailed to team@virtually-there.net.

10. COMPLAINTS

VT is committed to providing a high-quality service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.

For a copy of our complaints procedure and further information on our complaints procedure, please contact us on 0203 476 7792 or team@virtually-there.net

11. LAW

This Agreement shall be subject to and construed in accordance with English law.

12. GENERAL DATA PROTECTION REGULATIONS

12.1 By entering into this agreement with us you will provide us various pieces of personal information, which we will need to provide you with the high-quality service you require, to ultimately facilitate the successful virtual office and/or call answering services.

12.2 The information required by us will vary depending on the circumstances. It will include the information within this agreement, but it may not be limited to this information – Names and addresses Contact telephone numbers Email addresses Personal identification information and documentation Bank details Company information

12.3 In all cases we will hold your personal information securely, either in hard copy or digitally within our software.

12.4 We will provide it to others only where it is required and as outlined below, or in accordance with your stipulated wishes.

12.5 Your information will not be passed to a third party not listed in clause 1.6 without obtaining your consent.

12.6 Specifically, we will hold and use your information in the following manner. Identification Details – We may hold copies of your photographic identity documents and at least one document that confirms your home address. This is required to protect our position and look after your interests. It assists us to ensure we are dealing with the owners of the property and we are not becoming involved in any money laundering situation. This will never be passed to third parties. Company and employee information – We may hold information on your company and employees to supply our services to you. This will never be passed to third parties.

12.7 Your details may be added to our mailing list and we may send you information regarding other relevant services we can provide to you. You will be able to unsubscribe to these emails at any time.

12.8 We will retain the personal information we hold for up to 6 years because the time limit for any party to initiate a civil action against us should they believe they have a claim is 6 years.

12.9 If you would like to contact us regarding any data issue, please contact us on telephone number 0203 476 7792 or email team@virtually-there.net

12.10 You have the following rights relating to the information we hold on you

1. The right to make a Subject Access Request (SAR) to find out more about the data we hold about you;
2. The right to be informed;
3. The right of access;
4. The right to rectification;
5. The right to erasure (also known as the ‘right to be forgotten’);
6. The right to restrict processing;
7. The right to data portability;
8. The right to object.

12.11 Time periods – We will retain the personal information we hold for up to 6 years because the time limit for any party to initiate a civil action against us, should they believe they have a claim, is 6 years.

More information on how we hold and process your data is available on our website – www.virtually-there.net

More information on your rights is available at www.ico.org.uk

Virtually There Offices Limited Company No: 8047761 Registered office 2 Gloucester Road North, Bristol, England, BS7 0SF