Terms and Conditions
Introduction
- These terms and conditions apply to the use of the online platform Virtual Assistant England (hereinafter: 'the Platform') and all agreements, services, and legal relationships arising therefrom. By creating an account or using the Platform, the User declares to have taken note of these terms and to agree with them.
Definitions
- Platform Provider: Virtual Assistant England, established in the Netherlands, operator of the Platform.
- User: any natural or legal person who uses the Platform, including both Clients and Virtual Assistants.
- Client: the User who has work performed by a Virtual Assistant through the Platform.
- Virtual Assistant: the User who offers services to Clients through the Platform.
- Agreement: any agreement that is concluded between Users through the Platform.
- Services: all functionalities offered by the Platform Provider, including registration, communication, task management, and invoicing.
Applicability
- These terms apply to any use of the Platform and all legal relationships between the Platform Provider and the User.
- Deviations from these terms are only valid if agreed in writing.
- If any provision proves to be invalid or voidable, the remaining provisions remain in full force.
- The Platform Provider reserves the right to apply additional terms for specific functionalities or services.
Role of Virtual Assistant England
- Virtual Assistant England is not an employment agency, temporary employment agency, placement agency, or employer.
- The Platform solely provides an online environment where Users can find each other, communicate, and make agreements about collaboration.
- Virtual Assistant England is not a party to agreements between Users and does not interfere with their content, execution, or termination.
- All agreements about work, rates, liability, and payment are made solely between Users.
- Users are fully responsible for their own tax obligations, insurance, and compliance with laws and regulations.
Use of the Platform
- Users must provide correct, current, and complete information when registering and using the Platform.
- It is prohibited to use the Platform for unlawful, misleading, discriminatory, or fraudulent purposes.
- Virtual Assistant England may block or delete accounts in case of violation of these terms, abuse, or unprofessional behavior.
- Users are themselves responsible for the security of their login credentials.
- It is not permitted to use the Platform to distribute harmful software or disrupt the system's operation.
Liability
- Virtual Assistant England is not liable for any direct or indirect damage arising from the use of the Platform or collaboration between Users.
- The Platform Provider is not liable for errors, negligence, data loss, or reputational damage caused by Users.
- Each User fully indemnifies Virtual Assistant England against claims from third parties arising from their actions or negligence.
- If, despite the foregoing, liability is assumed, it is limited to the amount paid out by Virtual Assistant England's liability insurance.
Privacy and Data Protection (GDPR)
- Virtual Assistant England processes personal data in accordance with the General Data Protection Regulation (GDPR).
- Personal data is processed solely for the functioning of the Platform and is not provided to third parties without consent or legal obligation.
- Users are themselves responsible for the careful handling of personal data of other Users.
- The Platform Provider takes appropriate technical and organizational measures to secure data against loss, misuse, or unauthorized access.
- In the event of a data breach, Virtual Assistant England will inform the affected Users and, if required, the Data Protection Authority.
Intellectual Property
- All intellectual property rights relating to the Platform, software, texts, logos, and other materials belong to Virtual Assistant England or its licensors.
- Users only obtain a limited, non-exclusive, and non-transferable right of use for using the Platform.
- Users are not permitted to reproduce, modify, or make public parts of the Platform without written permission from Virtual Assistant England.
- Users retain ownership of their own uploaded data and content, but grant Virtual Assistant England a right of use insofar as necessary for the functioning of the Platform.
- It is prohibited to use photos or videos from third parties. Any fines will be charged to the user. In addition, Virtual Assistant England imposes a fine of 5000 euros. This to compensate for the time and pay the lawyer.
Force Majeure
- Virtual Assistant England is not obliged to fulfill any obligation if this is reasonably impossible due to circumstances beyond its control, such as disruptions, government measures, internet outages, or pandemics.
- In case of force majeure, the execution of obligations is suspended as long as the force majeure continues.
- If the force majeure situation lasts longer than ninety (90) days, the User is entitled to terminate the agreement without compensation.
Changes
- Virtual Assistant England reserves the right to change these terms.
- Changes will be announced at least fifteen (15) days in advance.
- If the User does not agree with the change, they can terminate the account within the set period.
- Continued use of the Platform counts as acceptance of the changed terms.
Disputes and Applicable Law
- These terms are subject exclusively to Dutch law.
- Disputes between Users should first be resolved among themselves.
- If parties cannot reach agreement, an independent mediator may be used.
- Disputes between a User and Virtual Assistant England will be submitted exclusively to the competent court in Amsterdam.
Transfer of Platform and Data
- Virtual Assistant England reserves the right to transfer, sell, or assign the platform, including all associated user data and rights, in whole or in part to a third party.
- Such a transfer may take place without prior consent from the User, provided the new owner commits to compliance with these terms and conditions and applicable privacy legislation (GDPR).
- After transfer, the User's rights and obligations remain unchanged, unless explicitly informed otherwise. By using the platform, the User agrees to the possibility of such a transfer.
Final Provisions
- Virtual Assistant England reserves the right to adjust or terminate the service without being obliged to pay compensation.
- If a provision of these terms is declared invalid, the remaining provisions remain in full force.
- By using the Platform, the User declares to have read, understood, and agreed to these terms.