Privacy Policy

GENERAL TERMS AND CONDITIONS OF TRADE

Read the following carefully, as engaging purple powered VA for any service implies that you have read and accepted our Terms and Conditions.

Please carefully read, review and be sure you understand our Terms and Conditions prior to engaging purple powered VA services in any way.

purple powered VA reserves the right to change or modify current Terms and Conditions with no prior notice. Changes to Terms and Conditions will be updated on this page. It is recommended that you regularly review this page.

1. ENGAGEMENT

(a) You may engage us to carry out a Service for you by:

Signing and returning a purple powered VA Service Agreement;
Accepting a purple powered VA Services in writing; or
Giving us written, emailed, or verbal authorisation to commence a Service.

(b) Unless we notify you otherwise, we will accept that engagement subject to these terms and conditions. The Service will commence when we accept the engagement.

2. HOURS OF SERVICE

(a) All engagement activity is carried out between 8:00 am and 6:00 pm (EST), Monday to Friday excluding public holidays and office closures times for standard Australia public holidays and the Christmas / New Year closure periods.

(b) After-hours contact and services are available on request or in the case of an emergency.

3. QUOTES AND ESTIMATES

(a) If we provide, or have provided, you with a Service Agreement Price, then that Price:

Is based on the specifications, and is subject to change if the parties agree to amend the Specifications;
Does not include GST; and
Is valid for a period of 30 days from the date we issue the Price.

(b) Acceptance in writing via email, acceptance online via the Pricing portal, and/or payment of a deposit or agreement invoice is considered acceptance of the Price.

4. PRICE, PAYMENT & INCREASES

(a) At purple powered sole discretion the Price shall be either:

purple powered VA’s Price (subject to clause 3.2) which shall be binding for thirty (30) days.
No other fees are applicable for purple powered VA Services unless agreed to in writing by all parties

(b) At purple powered VA’s sole discretion, a 50% non-refundable deposit may be required.

Payment in full or part may be required prior to commencement;
Payment shall be due on delivery of the Service; or
Payment for approved Clients shall be made in installments in accordance with purple powered VA’s payment schedule.

(d) Time for payment for the Service shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due seven (7) days following the date of the invoice.

(e) Payment can be made by Stripe using a credit card or by direct deposit.

(f) purple powered VA will invoice after the Service is rendered.

(a) At purple powered sole discretion the Price shall be either:

purple powered VA’s Price (subject to clause 3.2) which shall be binding for thirty (30) days.
No other fees are applicable for purple powered VA Services unless agreed to in writing by all parties

(b) At purple powered VA’s sole discretion, a 50% non-refundable deposit may be required.

Payment in full or part may be required prior to commencement;
Payment shall be due on delivery of the Service; or
Payment for approved Clients shall be made in installments in accordance with purple powered VA’s payment schedule.

(e) Payment can be made by Stripe using a credit card or by direct deposit.

(f) purple powered VA will invoice after the Service is rendered.

5. GST

(a) Unless purple powered VA expressly states otherwise, the Price does not include GST.

(b) GST will be applied to the purple powered VA invoices

6. DEFAULT & CONSEQUENCES OF DEFAULT

(a) If any account remains overdue after seven (7) days, a fee of $10 (to cover administrative expenses and not as a penalty) shall be charged per reminder for overdue payment submitted to the Client. purple powered VA shall be entitled to submit such reminders on a weekly basis once the fees have become overdue.

(b) In the event of overdue payment, interest shall accrue on the invoice amount at the rate of 2.5 per cent per calendar month and such interest shall compound monthly.

(c) Late payment shall be considered as constituting a material breach of the Contract entitling purple powered VA (at its discretion) to suspend or cancel services and assert the usual remedies for breach.

(d) purple powered VA expressly reserves all rights at all times to bring any legal action it considers appropriate to recover any unpaid sums.

7. SUSPENSION AND OR CANCELLATION OF SERVICES

(a) purple powered VA reserves the right to suspend/cancel any or all services provided in any case where the Client fails to perform their obligations under this and any associated agreement. purple powered VA reserves the right to suspend/cancel any or all services provided to you, if:

You have any outstanding invoices or accounts where an amount payable is overdue by more than 7 days.
Your account is in the dispute or the subject of a dispute resolution procedure, court order, judgment, finding, or determination.
If you have made no contact with purple powered VA for a period of more than 1 month after the Service and or any agreed work has commenced.
You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by purple powered VA.

(b) Where possible, purple powered VA may be able to reinstate a Service after suspension of services, this will incur costs, therefore, purple powered VA reserves the right to re-Price the entire Service. The revised Pricing may be based upon a percentage of the original price, interest, and administration of any overdue payments and or a retrieval fee.

(c) In any such event, you remain liable for the total cost of the Agreement including all disbursements; unless otherwise agreed between the parties. Furthermore, purple powered VA will not refund (in part or in whole) any deposits received for the commencement of work, under any circumstances unless agreed firstly in writing by purple powered VA.

(d) purple powered VA reserves the right to keep all funds from the deposit if work on a Service has commenced and is terminated by either party. purple powered VA shall not be liable for any loss or damage whatever arising from such cancellation.

8. PROFESSIONAL LIABILITY

(a) If you are not a Consumer:

Our liability to you for any loss, however caused (including by our negligence), suffered or incurred by you in connection with this agreement, whether or not you were aware of the possibility of such Loss to you when this agreement was entered into, is limited to the amount of Price received by us from you under this agreement;
The maximum amount you may claim from us for Loss suffered or incurred by you in connection with this agreement is limited to the aggregate amount of Price which you have paid us at any time, less any amounts already paid out or due to be paid out by us to you for any reason; and

We are not liable for any:

Indirect or consequential loss, or any loss of revenue, loss of profit, loss of business opportunity, or
Payment of liquidated sums, penalties, or damages under any agreement sustained by you or any other
Person arising from or in connection with the Service or this agreement;
Loss you suffer or incur in connection with this agreement that is caused by (or to the extent contributed to by) the acts or omissions of a third party; or
Loss you suffer or incur due to factors outside our reasonable control.

(b) If you are a Consumer, our liability to you for failure to apply with any applicable Consumer Guarantee is limited to (at our election):

In relation to services:

Resupplying the services to you; or
Paying the cost of having the services re-supplied.

(c) If you are a Consumer, our liability to you for all Loss, however caused (including by our negligence), suffered or incurred by you in connection with this agreement, other than a failure by us to comply with any applicable Consumer Guarantee, is limited as set out in paragraph (a) above.

(d) Paragraphs (b) and (c) do not apply:

In relation to a Title Guarantee;
To the extent that it is not Fair or Reasonable for us to rely on them; or
In relation to Consumer Goods or Consumer Services we supply to you.

(e) Any condition or warranty which would be implied by law as a term of this agreement is excluded.

9. COPYRIGHT

(a)purple powered VA retains the right to display work created by our studio in our portfolio, and for the purpose of marketing or advertising our services on or offline.

(b) All work supplied by purple powered VA is believed to constitute original work and is prepared in good faith that it does not infringe the rights of any other party. purple powered VA cannot provide an absolute guarantee that any specific work does not infringe upon existing third-party rights, inadvertently, by coincidence, or otherwise.

(c) purple powered VA is unable to guarantee that any work supplied to the Client is suitable for any particular purpose and would strongly recommend that the Client conduct relevant research prior to the approval of any prepared work.

(d) All preliminary work and materials produced by purple powered VA for the purposes of developing any work remain the sole property of purple powered VA (excluding any incorporated materials supplied by the Client). Any unauthorised usage of materials produced by purple powered VA will be actively pursued through legal channels.

(e) By approving any final work whether verbally or in writing, the Client assumes the responsibility for the subsequent usage of the chosen work. purple powered VA retains the right to re-use any original material that does not form part of any final approved work.

(f) The Client agrees that they may not claim to be the designer or showcase purple powered VA’s work in their portfolio and claim it to be their own.

(g) purple powered VA cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the Client and may refuse the use of any such material unless proof of permission is provided.

(h) Any design, copyrighting, drawing, illustration, concept, or code created for the Client by purple powered VA, is licensed to the client on a one-time-only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of purple powered VA. In the event of multiple proposed designs being submitted to you the client for selection, the one design selected is deemed by purple powered VA as fulfilling the contract. All other designs remain the property of purple powered VA.

10. TITLE

(a) Until full payment has been received by purple powered VA the title to all products shall remain vested in purple powered VA and shall not pass to the client.

11. WARRANTY

(a) purple powered VA warrants that if any defect in any workmanship of the services provided by purple powered VA becomes apparent and is reported to purple powered VA within 28 days of the date of delivery (time being of the essence) then purple powered VA will either (at purple powered VA’s sole discretion) replace or remedy the workmanship.

(b) The conditions applicable to the warranty given by clause are:

The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

Failure on the part of the Client to follow any instructions or guidelines provided by purple powered VA; or
Any use of any Service otherwise than for any application specified on a purple powered VA Service Agreement; or

(c) The warranty shall cease and purple powered VA shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered, or overhauled without purple powered VA’s consent.

(d) In respect of all claims purple powered VA shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.

(e) All website Services delivered by purple powered VA is covered by a 28-day warranty period.

12. CLIENT DISCLAIMER

(a) The Client hereby disclaims any right to rescind, or cancel any contract with purple powered VA or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by purple powered VA and the Client acknowledges that the Service is bought relying solely upon the Client’s skill and judgment.

13. DISPUTES

(a) We will promptly notify each other in writing of any dispute in connection with our Agreement.

(b) Upon the written notification of a dispute, the client, purple powered VA shall use our best endeavours to resolve the dispute in good faith, and expeditiously.

(c) If the dispute has still not been resolved within 10 Business Days, the client, purple powered VA will use our best endeavours in good faith to within a further 5 Business Days agree upon an alternative dispute resolution process (such as mediation, arbitration, conciliation, or expert determination) to resolve the dispute, and shall in good faith implement that alternative dispute resolution process.

(d) Neither the client nor purple powered VA may commence legal proceedings against the other until the client and purple powered VA have complied with the above dispute clauses.

14. GENERAL

(a) If any provision of these terms and conditions shall be invalid, void, illegal, or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

(b) purple powered VA shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by purple powered VA of these terms and conditions.

(c) In the event of any breach of this contract by purple powered VA the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Service.

(d) The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by purple powered VA.

(e) purple powered VA may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

(f) purple powered VA reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which purple powered VA updates this page.

(g) Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm, or other events beyond the reasonable control of either party.

(h) The failure by purple powered VA to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect purple powered VA‘s right to subsequently enforce that provision.

15. INTERPRETATION

In this agreement:

(a) A reference to “this agreement ” means these terms and conditions (including any schedule) together with a Service Agreement (if any);

(b) Headings and bold type are for convenience only and do not affect the interpretation of these terms;

(d) Words of any gender include all genders;

(e) Other parts of speech and grammatical forms of a word or phrase defined in this agreement have a corresponding meaning unless the context clearly requires otherwise;

(f) An expression importing a person includes any company, partnership, joint venture, association, corporation, or other body corporate and any government agency as well as an individual;

(g) A reference to any legislation includes all delegated legislation made under it and amendments, consolidations, replacements, or re-enactments of any of them;

(h) A reference to a party to a document includes that party’s successors and permitted assignees;

(i) A promise on the part of 2 or more persons binds them jointly and severally;

(j) No provision of this agreement will be construed adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k) Specifying anything in this agreement after the words “include” or “for example” or similar expressions does not limit what else is included.

16. DEFINITION

purple powered VA shall mean purple powered VA, its successors and assigns or any person acting on behalf of and with the authority of purple powered VA.

Client shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any Pricing, Service Agreement, or other forms as provided by purple powered VA to the Client.

Guarantor means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.

Service shall mean Service supplied by purple powered VA to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, Pricing, Service Agreement or any other forms as provided by purple powered VA to the Client.

Moral Rights are defined in section 189 of the Copyright Act 1968 (Cth) and include any similar rights in any jurisdiction outside Australia.

Service means, in relation to any work that we do for you:

(a) the service described in a Service Agreement;

(b) if there is no Service Agreement, the Service described in a Price;

(d) if there are no Specifications, then the work that you have asked us to do.

Project Intellectual Property means designs, artwork, software, and materials provided to you in the course of the Service, and any other Intellectual Property Rights created in the course of the
Service, but does not include:

(a) any Open Source Content Management System and other third parties;

(b) the Website Tools (except to the extent that we have modified them); or

Price shall mean the price payable for the Service as agreed between purple powered VA and the Client in accordance with clause 3 of this contract.
Price means a price that we provide to you in respect of any work that you have asked us to do.
Services mean all Services supplied by purple powered VA to the Client and include any advice or recommendations.
Support means the supply of paid support services to assist in the management; maintenance; training for; and repair of a purple powered VA supplied/built/maintained solution.

17. PRODUCT AND SERVICE SPECIFIC TERMS AND CONDITIONS

Additional terms and conditions relevant to specific products and services are to be read and agreed to in conjunction with these terms and conditions.

18. CUSTOMER AGREES

The Customer has read and understood these terms and agrees to be bound by same.

PRIVACY & CONFIDENTIALITY

These terms and conditions are to be read in conjunction with the GENERAL TERMS AND CONDITIONS OF TRADE.

Read the following carefully, as engaging purple powered VA for any service implies that you have read and accepted our Terms and Conditions.

1. PRIVACY

(a) We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

2. CONFIDENTIALITY

(a) Each party agrees to keep confidential, and not to use or disclose except as permitted by these terms and conditions, any Confidential Information of the other party. The parties agree not to disclose these terms and conditions (including any schedules), or any details of a Service Agreement or Price. This obligation of confidence extends to Confidential Information obtained by a party before entering into this agreement.

(b) The obligation of confidence in paragraph (a) does not apply to Confidential Information to the extent that is required to be disclosed by law or the rules of any stock exchange on which the recipient’s securities are listed, provided that the recipient discloses the minimum amount of Confidential Information required to satisfy the law or rules.

Provide a reasonable amount of notice to the other Party of the proposed disclosure;
Consult with the other Party as to the form of the disclosure; and
Take all reasonable steps to maintain such Confidential Information in confidence.

(d) Each party must take all steps and do all such things as may be necessary, prudent, or desirable in order to safeguard the confidentiality of the Confidential Information of the other party.

3. CUSTOMER AGREES

(a) The Customer has read and understood these terms and agrees to be bound by same.