Terms of Service
My Girl Friday® guarantees the highest level of confidentiality at all times. We do not pass or sell client information on to 3rd parties, unless required by law.
If required, we are happy to sign a confidentiality or non-disclosure agreement. All work will be kept on file for a period of 12 months. After this time, work will be deleted unless specifically instructed.
One hour consultations and quotations are free of charge and carried out in person or via phone, Zoom, Skype or email.
All work carried out will be proof-read, however final proof reading of work lies with the client.
For larger projects, time frames and deliverables will be negotiated with the client.
My Girl Friday retains the right to refuse work which we feel is illegal, immoral or objectionable.
Under no circumstances will My Girl Friday be liable to the client for any loss or damage including and without limitation, indirect or consequential loss or damage that may arise from the service or work provided, or if time frames and deliverables are not met by My Girl Friday.
To the maximum extent permitted by law, any and all liability and responsibility of My Girl Friday to you or any other person under this agreement is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. My Girl Friday’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
My Girl Friday shall not have any liability or responsibility to the Client for any loss which does not flow directly or naturally (i.e. in the ordinary course of things) from a breach of this agreement including, in each case consequential loss of business or profits or other loss. My Girl Friday shall only be liable for losses (excluding loss of business or profits) which flow directly or naturally from a breach of this agreement up to a maximum of the amount paid by the Client for the Services of the six week period preceding the date of the event giving rise to the claim under this agreement.
Unless otherwise agreed, the services of My Girl Friday will be charged at an agreed rate of $60 p/h NZD and will be billed in 15 minute increments, with a minimum charge of 15 minutes. Fees may be amended from time to time as notified from time to time.
Invoices for our ad-hoc/casual rate will be issued on the 1st of each month via email to the client, and payment is due 14 days from the date of invoice.
Invoices for My Girl Friday’s monthly Virtual Assistant packages, social media packages, website packages, branding packages and SEO packages, will be issued in advance of work being undertaken. Payment is due upon receipt of invoice, and further work will not be undertaken until any outstanding invoices are paid.
My Girl Friday's Virtual Assistant packages of blocked hours are valid for 1 month from the date of purchase. Any unused hours will NOT be rolled over to the next month.
My Girl Friday's website packages require a 50% upfront deposit before any work is undertaken. The remaining 50% payment is due prior to your website going live.
Any additional costs incurred (e.g. postage and courier fees, stationary and printing) will be charged separately to our hourly rate and packages.
Payments are to be made via bank transfer to the nominated bank account (or via PayPal for clients based outside of New Zealand).
Overdue invoices may result in interest being charged at the rate of 2% of the total outstanding monthly amount.
My Girl Friday’s ad-hoc hourly rate and packages are subject to increase. Clients will be notified in writing 30 days prior to any increase taking affect.
Unless otherwise stated, all monetary amounts are in New Zealand dollars.
My Girl Friday Ltd is not GST registered.
Intellectual Property means all intellectual property and proprietary rights (whether registered or unregistered) owned by My Girl Friday prior to performance of the Services, developed by My Girl Friday in performance of the Services or development by My Girl Friday outside of, or after, performance of the Services, and without limitation includes business names, trade or service marks, any right to have information (including confidential information) kept confidential, patents, patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, databases, know-how, logos, designs, design rights, copyright, manuals, protocols, procedures, manuscripts or documentary records, whether in print form or electronically and similar industrial or intellectual property rights
All My Girl Friday Intellectual Property will remain the property of My Girl Friday unless otherwise agreed with you in writing.
My Girl Friday grants to the Client a world-wide, non-exclusive, royalty free licence to use My Girl Friday Intellectual Property for the purpose agreed to between the Client and My Girl Friday to the extent that it is needed for the enjoyment and benefit of the Services.
If this agreement is suspended or terminated by either party the Client shall cease to use the Supplier’s Intellectual Property.
Suspension and Termination
My Girl Friday may suspend its obligation to supply the Services if My Girl Friday has notified the Client that the Client is in breach of this agreement, and the Client has failed to remedy that breach.
Either My Girl Friday or the Client may terminate this agreement by providing written notice of not less than 1 working day to the other.
Either party may terminate this agreement immediately by notice in writing, upon:
a) the other party committing any breach of this agreement that is incapable of remedy;
b) the other party failing to remedy any breach of this agreement that is capable of remedy within 7 days of notice that the breach having been given by the non-defaulting party to the other party; and
c) the commencement of liquidation or the insolvency of the other party (except for the purposes of solvent amalgamation or reconstruction) or upon the appointment of a receiver, statutory manager or trustee of the other party’s property.
In the event of a project or work being cancelled/terminated by the Client, the Client agrees to pay for all work completed up to that point. No refunds will be given in the event of there being unused pre-paid monthly VA hours or packages (i.e. social media, SEO, branding and websites).
In the extraordinary event of work being cancelled/terminated by My Girl Friday, we reserve the right to decide - on a case by case basis - whether to provide the client with a refund for unused pre-paid monthly VA hours and/or packages, OR continue providing support until that month’s VA hours have been used up, or the package (social media, website, SEO, branding) has been completed.
My Girl Friday reserves the right to immediately, and without warning, suspend and/or terminate work carried out on behalf of the client if outstanding invoices remain unpaid after 30 days.
The Client shall not assign its rights under this agreement.
This agreement constitutes the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement.
No amendment to this agreement will be effective unless it is in writing and signed by both parties.
No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
Any provision of this agreement that is illegal, invalid or unenforceable will be severed to the extent that it is illegal, invalid or unenforceable, with the remainder of the agreement continuing in full force.
The agreements, obligations and warranties contained in this agreement shall not merge on completion of the transactions contemplated by it but shall remain in full force until satisfied.
Services provided to all business Clients or for commercial purposes are expressly excluded from all provisions under Consumer Guarantees Act 1993.
This agreement may be executed in two or more counterparts, all of which together will be deemed to constitute one and the same agreement.
This agreement shall be governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
Where the Client is a company, the person(s) signing this agreement on behalf of the Client personally warrant(s) that:
a) That the person or those persons have the power to enter into, and have properly signed this agreement in accordance with the terms of the Companies Act 1993 and/or the Client’s constitution;
b) The Client will perform its obligations under this agreement.
Either party may suspend its obligations to perform this agreement if it is unable to perform as a direct result of a war, riot, strike, natural or man-made disaster or other circumstances of a similar nature (Force Majeure Event). Any such suspension of performance must be limited to the period during which the Force Majeure Event continues.
Where a party’s obligations have been suspended for a period of 30 days or more, the other party may immediately terminate this agreement by giving notice in writing to the other party.
These Terms of Service were last updated on 6 February 2019.