Detail 1
Terms of Service
Indemnification
You agree to indemnify, defend and hold harmless Rosie Remotely Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Rosie Remotely shall not be liable for any failure to perform any obligation under this Agreement if the failure is caused by any circumstance beyond its reasonable control, including but not limited to acts of God, war, industrial dispute or other natural or purposeful calamity.
Credit, Copyright & Intellectual Property
Where website design elements, imagery or branding collateral has been created by Rosie Remotely, clients are contractually obligated to retain the Rosie Remotely credit where applied. For branding, this pertains to any social media or promotion of the branding or site design and on websites, the footer site design credit, ' Web design by 'Rosie Remotely' or 'Site design by Rosie Remotely' must be retained for the life of the website unless by agreement with Rosie Remotely.
Any imagery or wording created for the client by Rosie Remotely, remains the intellectual property of Rosie Remotely and must be credited for the life of the element's usage.
Where a Copyright is applied, this must be retained for the life of the product unless by arrangement with Rosie Remotely.
Where another company is utilised to amend a Rosie Remotely design, the altered design will be analysed to ascertain whether the Rosie Remotely credit, copyright or intellectual property applies. Where it is measured that the Rosie Remotely design is no longer in use in any part, the credit may be removed only after this analysis and written confirmation has been provided. Where the Rosie Remotely design is still in use in any part, the credit or opyright must be retained for the life of the product.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of either Party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. If any part, term or provision of this Agreement is held to be illegal or unenforceable, neither the validity nor enforceability of the remainder of this Agreement shall be affected.
Payment Terms
For projects - 50% of the total project cost quoted is due as a deposit which is non-refundable. The remaining 50% can be paid on the completion of each milestone to be determined by the client in liaison with Rosie Remotely. Payment is due within 14 days of the receipt of each invoice .
Hourly rates are exclusive of disbursements i.e. GST, postage, packaging, courier fees, phone calls, mileage, travel time, car parking, consumables (USB drives, HDD etc), printing, photocopying, or binding consumables, stationery and other office consumables.
For Virtual Assistants engaged on a term or hourly rate, full payment is due within seven (7) working days of invoice date by online banking. Overdue invoices will incur a late payment fee.
The minimum charge for hourly rate projects is one (1) hour.
Monthly memberships are based on a minimum term of three (3) months.
A surcharge will apply on public holidays where applicable.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on www.rosieremotely.com or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Refund Policy
As our services are based on a time commitment, if the time commitment has been fulfilled, we are unable to refund any portion of the service fee. If the contract has yet to commence, the client will not be obligated to pay any more than the non refundable deposit. If the contract is still in play and the decision is made by either party to terminate, the service fee will be prorated to reflect only the hours worked on top of the non-refundable deposit to be charged to the client and the client will be released from the balance of the contracted time commitment.
Promotion of Services
The Client gives permission and shall allow Rosie Remotely to use screenshots of the launched website design on the www.rosieremotely.com, the Rosie Remotely blog and/or social media for the purpose of promotion of examples of Rosie Remotely's services. The Client's website will be linked within the imagery where applicable.
All Virtual Assistants sign a full confidentiality and non-disclosure agreement with each client where required.
Questions about the Terms of Service should be sent to us at sales@rosieremotely.com.