Effective from 18th March 2021
A signed Business Agreement is required prior to commencement of an assignment with a new client. This indicates the Client’s acceptance of Purple Violet Business Support’s terms and full agreement of work to be undertaken and payment to be made as stated. Ongoing work is subject to the same Business Agreement agreed.
ACCEPTANCE OF BOOKING
Bookings will be confirmed in writing to the client after agreement with Purple Violet Business Support.
Purple Violet’s Business Agreement will also be sent to them for signature. A virtual signature may be used and recognised when signing the Business Agreement. The Business Agreement constitutes the entire and only agreement between the Purple Violet Business Support and will outline tasks and related services to and for the client as specified in the Statement of Work as part of the Business Agreement in accordance with the terms and conditions set.
A minimum of 50% deposit or £30 (minimum payment) may be required before work commences with a new client.
Purple Violet Business Support rates are hourly and are based on the current pricing structure of Purple Violet Business Support.
Purple Violet Business Support is not currently VAT registered.
Initial assignments carry a minimum of 1 hour’s charge.
Additional hours required outside of an agreed retainer package are charged at £30.
Fast Track work will incur a charge of £35 or a 50% increase of the final invoice (whichever is higher).
Requests for services outside of the above specified hours, Purple Violet Business Support reserves the right to charge an additional 50% of the fees.
Late cancellation of work will incur a £30 administration fee (24 hours’ notice is required).
All work is tracked and rounded up to the nearest 5 minutes and a report is available upon request.
Retainer Packages/Projects will be invoiced in advance. Work will not commence until payment has been received.
Any expenses shall be billed to the Client who shall reimburse Purple Violet Business Support for all reasonable and pre-approved out of pocket expenses that are incurred in connection with the performance of services. These are including but not limited to postage, printing, stationary, peripherals and consumables. It may be necessary for large amounts to be paid in advance; however these will only be charged at cost.
Where requested work incurs a requirement to pay a supplier or subcontractor for additional services or produces, this amount will be required upfront, either to Purple Violet Business Support or the supplier directly.
Monthly retainers or project block bookings are to be paid in advance. Purple Violet Business Support will bill the Client in advance.
Unused hours of a monthly retainer package can not be carried over to the following month as a retainer package guarantees our availability to our clients. If hours are not used within the relevant month they will be lost, monetary refunds are not provided.
Purple Violet Business Support or the Client can cancel the retainer package at any time by giving 28 days’ notice. Upon termination Purple Violet Business Support will invoice the client for any work completed which has not been paid for in advance and the terms of invoice will apply.
Where a retainer package has been selected and the hours used, the Client may choose to purchase another retainer package, or transfer to an hourly rate.
Purple Violet Business Support will bill the Client in advance of the execution of the Services specified in the Statement of Work
Payments can be made by BACS and details of which will provided with the invoice.
Payment is due within 7 days of receipt of the invoice. Payments not received by due date will result in work cessation. Purple Violet Business Support reserves the right to refuse completion or delivery of work until past due balances are paid. All materials or property belonging to the Client, as well as work performed, may be retained as security until all just claims against the Client are satisfied.
In the event the Client fails to remit payment of any amount due under the Business Agreement on or before the due date, the payment will accrue interest from that date due at the annual rate of 8% above the base lending rate from time to time of the official dealing rate of the Bank of England, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgement and the Client shall pay the interest immediately on demand.
In the event of collection enforcement, the Client shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorney’s fees, courts costs, and collection agency fees.
Purple Violet Business Support or the Client may terminate the signed Business Agreement immediately in the event that either Party breaches the Business Agreement or at any time upon 48 hours notice.
In the event of such termination, Purple Violet Business Support shall be paid for any portion of the services that have been performed prior to the termination in accordance with the Statement of Work.
CHANGES TO THE SERVICES
Any material changes to the services being provided, including the schedule, deliverables, and related fees, must be approved by the prior written consent of Purple Violet Business Support.
Where the Client causes delays, changes the specification, requires extra work or meetings or changes previously accepted work, Purple Violet Business Support shall be entitled to a reasonable extension of time and rate increase and/or advance payment. Any work carried out prior to the changes will be charged at the rate previously agreed.
In the performance of its obligations hereunder, Purple Violet Business Support shall have the right, in its sole discretion, to assign, transfer, charge, delegate or subcontract its rights and responsibilities to any third party, provided that Purple Violet Business Support shall remain responsible for the performance of any such third party. The Client shall not, without Purple Violet Business Support’s prior written consent, assign or transfer in any other manner with all or any of the Client’s rights or obligations under the Business Agreement.
LOCATION OF SERVICE PERFORMANCE
Services shall be performed and provided virtually via email, fax, phone or other virtual means from Purple Violet Business Support’s place of business 14 Jakeman Close, Tingley Wakefield WF3 1UP (i.e. home office)
On site work can be provided within a 50 mile radius of Purple Violet Business Support’s place of business and subject to office hours. Travel time will be billed in line with the normal hourly rate in addition to travel expenses for fuel to/from the location at a rate of £0.45 per mile.
OFFICE HOURS AND COMMUNICATION
Office hours are Tuesday through Friday 9:30 am to 4:30 pm.
Email is to be the primary form of communication between the Client and Purple Violet Business Support. Purple Violet Business Support is available for phone calls during office hours only. Occasional calls of only a few minutes in duration are not typically billed to the Client. However, the time of both parties must be respected, and calls lasting over 10 minutes will be billed to the Client. Telephone meetings must be prescheduled. Cancellation requires a minimum of 24 hour advance notice. Missed meetings or cancellations without sufficient notice will be billed to the Client.
If the Client requests Services outside of the above specified hours, Purple Violet Business Support reserves the right to charge an additional 50% of the fees.
Unavailable days or times will be advised prior to work commencing.
MATERIALS AND INFORMATION
The Client will provide all content, outlines, photos, product images, etc., necessary for any special projects. Source material must be clear and legible. The Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Purple Violet Business Support to perform or complete the Services. The Client ensures that the necessary permissions to use provided materials have been obtained.
Both Purple Violet Business Support and the Client must ensure that they are in full compliance with their respective obligations under the General Data Protection Regulation, (GDPR) (EU) 2016/679. Each Party will, if applicable, notify the other Party in a timely manner in the event of a data breach that involves the other Party’s data.
Purple Violet Business Support is registered with the ICO (Information Commissioners Office) under registration number ZA410903.
A Data Processing Agreement will need to be signed by the Client prior to commencement of work. This is in addition to Purple Violet Business Support’s Business Agreement.
Purple Violet Business Support will process personal data on behalf of the Client, details of which will be specified in the Business Agreement. The data will be held in line with processing of the services agreed with the Client and will be kept for a period of 6 years after which time they will be deleted form our systems. This is the period of time that an insurance claim can be made.
INDEPENDENT CONTRACTOR RELATIONSHIP
Purple Violet Business Support’s relationship to the Client shall be that of an independent contractor. Nothing in the Business Agreement shall be construed to create any partnership, joint venture, employer-employee or agency relationship between Client and Purple Violet Business Support. Purple Violet Business Support shall not represent to any third party that any such relationship exists. The contractor relationship shall be non-exclusive. Purple Violet Business Support shall be free to work with other companies so long as such work does not present a conflict of interest with regards to the Agreement or result in the disclosure of Confidential Information.
The Client will not provide fringe benefits, including paid holiday, sick pay, pension contributions, health insurance benefits, or any other employee benefit for the benefit of Purple Violet Business Support or employed contractors.
All deliverables, ideas, inventions, improvements, methods, processes, works of authorship and other forms of intellectual property that Purple Violet Business Support conceives, reduces to practice or develops during the term of the Business Agreement, alone or in conjunction with others, in connection with performance of the services agreed with the Client, including designs, data, software code, ideas, inventions, know-how, materials, marks, methods, procedures, tools, interfaces, and other forms of technology as well as any intellectual property rights of any kind therein (collectively, the “Work Product”), will be the sole and exclusive property of the Client.
Purple Violet Business Support will, unless having the written consent of the Client, hold all Confidential Information provided in strict trust and confidence and will not use or permit others to use the Client’s confidential information in any manner or for any purpose not expressly permitted or required by the Business Agreement and will not disclose or permit others to disclose any confidential information to any third party without obtaining the Client’s express prior written consent on a case-by-case basis.
Exceptions relate to information in the public domain at the time of communication to Purple Violet Business Support by the Client or it entered the public domain subsequent to the time it was communicated to Purple Violet Business Support by the Client through no fault of Purple Violet Business Support; or it was in Purple Violet Business Support’s possession free of any obligation of confidence at the time it was communicated to Purple Violet Business Support by the Client; or it was rightfully communicated to Purple Violet Business Support free of any obligation of confidence subsequent to the time it was communicated to Purple Violet Business Support by the Client.
Should the Client decide to grant Purple Violet Business Support access to the Client’s business and/or personal accounts, the Client does so entirely at their own risk, and the Client is fully responsible for ensuring the security of the Client’s data. The Client will be solely responsible for any loss, liability or violations that might occur as a result of such access as long as any such loss can be directly tied to the work carried out under this agreement.
FILE BACK UP
Purple Violet Business Support stores data on cloud storage with strict privacy settings in place. It is the Client’s responsibility to advise Purple Violet Business Support if they have a preference to data handling.
All completed work can be returned to the Client by email, cloud sharing facilities, post or courier as hard copy.
Final responsibility for proofreading errors in completed work (including manuscripts, dissertations rests with the Client.
Purple Violet Business Support does not accept liability for any errors and will be responsible for rectifying the work only. Purple Violet Business Support will endeavour to ensure that all documents are free from errors and omissions prior to submission. No further liability is acknowledged.
Both the Client and Purple Violet Business Support shall agree to defend, protect, indemnify and hold one another harmless from any and all lawsuits, claims, damages, demands, liabilities or losses, including reasonable attorney fees and costs, brought, made or claimed as a result of any acts, including omissions, which are not outlined in this agreement.
In no event will Purple Violet Business Support be liable for any consequential, indirect, exemplary, special, or incidental damages arising from or relating to the Business Agreement. Purple Violet Business Support’s total cumulative liability in connection with the Business Agreement, whether in contract or tort or otherwise, will not exceed the aggregate amount of Fees owed by the Client to Purple Violet Business Support for services performed under the Business Agreement during the 12 months preceding any settlement or adjudication of any claim.
Purple Violet Business Support holds Professional Indemnity insurance and Public Liability insurance. Details are available on request.
LOSS/DAMAGE OF CLIENT PROPERTY IN TRANSIT
Purple Violet Business Support cannot be held responsible for any loss, damage, theft etc of data, projects, equipment or any items relating to assignments, during transit to/from Purple Violet Business Support’s premises.
Purple Violet Business Support recommends that Clients send mail through a secure postal service and obtain proof of postage and relevant insurance as we will not accept responsibility for loss or damage to items going through the postal services. We will also obtain the necessary proofs when sending items through the postal service. We would also advise keeping a copy prior to posting.
WORK PRODUCT CONFORMITY
Purple Violet Business Support further warrants that the Work Product will fully conform to the specifications, requirements and other terms set out in the Business Agreement in the Statement of Work.
If the Client determines in its sole discretion that the Work Product does not conform to the Specifications, the Client shall inform Purple Violet Business Support, within 3 working days of the Work Product delivery, of such nonconformity and Purple Violet Business Support will repair or replace the Work Product without extra charge. If the Client does not voice any concerns within 3 working days, Purple Violet Business Support is not obligated to do any remedial work free of charge. If the Client’s request goes beyond the Specifications, the request will not be considered a remedial request and Purple Violet Business Support will inform and bill the Client with regards to the requested changes.
AMENDMENTS AND WAIVERS
Any term of the Business Agreement may be amended or waived only with the written consent of Purple Violet Business Support and the Client.
Purple Violet Business Support shall not be considered in breach of the Business Agreement to the extent that performance of the obligations outlined is prevented by an event of Force Majeure, including but not limited to;
natural disasters (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo; rebellion, revolution, insurrection, or military or usurped power, or civil war; contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; riot, commotion, strikes, go slows, lock outs or disorder.
The validity, interpretation, construction and performance of the Business Agreement shall be governed by the laws of England and Wales without giving effect to the principles of conflict of laws. The Parties may agree to alternative methods of dispute resolution, including negotiation, mediation and arbitration. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under the Business Agreement. Where jurisdiction is outside of England and Wales this will be documented in the Business Agreement.
If one or more provisions of the Business Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision shall be excluded from the Business Agreement, (ii) the balance of the Business Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Business Agreement shall be enforceable in accordance with its terms.
This Business Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.