Terms & Conditions

Terms Applicable to all of My Secretary Online

My Secretary Online Terms and Conditions are an agreement between My Secretary Online and you.

By subscribing to a My Secretary Online service, you agree to be bound by these terms and conditions, as modified from time to time. If you do not agree to these Terms and Conditions do not subscribe to or use the The My Secretary Online services.

My Secretary Online web pages, products and services will be collectively referred to in these Terms and Conditions as "My Secretary Online". "You" and "Your" means You, Your company, Your employees, and anyone who has access to use Your My Secretary Online account.

My Secretary Online is offered to You on the condition that You accept these Terms without modification. You agree to familiarise Yourself with, and to regularly review, the Terms and Conditions and other terms and guidelines found throughout My Secretary Online and abide by them if You choose to use the site, or accept the products, services or benefits, to which such terms apply. My Secretary Online reserves the right to change any of the Terms and Conditions at anytime without notice. If You continue to use My Secretary Online after any such changes, Your continued use will constitute Your consent to such changes.

Any rights not expressly granted herein are reserved by My Secretary Online. In addition Your registration information and other information about You is subject to our Privacy Statement. You may use the "Terms & Conditions" link at the bottom of each page of My Secretary Online for a copy of these Terms and Conditions, which may be printed and saved using Your browser and printer.

Your Warranties

By subscribing to any service offered by My Secretary Online, You make the following representations and warranties. My Secretary Online shall have the right to terminate Your My Secretary Online account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.

You represent and warrant that:

• You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms and Conditions, (c) subscribe to and use My Secretary Online services, including, where applicable, the buying, selling and listing of items, in accordance with these Terms and Conditions and (d) if you are acting in a corporate capacity, to bind Your company;
• You will not use My Secretary Online for any purpose that is unlawful, or prohibited by these Terms and Conditions (as may be modified from time to time);
• All information supplied by You or by others using Your account is true and accurate;
• You have and control all of the intellectual property, proprietary and similar rights necessary for all material located in Your account. By using My Secretary Online, You agree that You will defend and indemnify My Secretary Online from any third party claim related to a breach of any of the foregoing warranties.

By using My Secretary Online, You agree that You will defend and indemnify My Secretary Online from any third party claim related to a breach of any of the foregoing warranties.

You agree to be responsible for checking the goods or services delivered to ensure accuracy. My Secretary Online makes every effort to ensure we are as accurate as possible but it is impossible for My Secretary Online to warrant 100% accuracy. My Secretary Online will not be liable for failure on your part to check the goods or services delivered are 100% accurate. My Secretary Online will not be liable for any costs or loss of profits as a result of your failure to check the goods and services delivered.

Limitations on Your use of My Secretary Online

My Secretary Online is provided to assist You with the operation of Your business. Your right to use My Secretary Online is limited to You, and Your company and its employees. You are solely responsible for Your content in Your My Secretary Online account. My Secretary Online reserves the right, but is not obligated, to monitor or to review materials posted in Your account and to monitor Your compliance with these Terms and Conditions. My Secretary Online reserves the right in its sole discretion to remove any information or materials which violate these Terms and Conditions in whole or in part, without notice at any time.

You may not restrict or inhibit any other user from using and enjoying such user's rights in My Secretary Online. You may not interfere with or disrupt My Secretary Online or servers or any network connected to My Secretary Online.

You may not use My Secretary Online or the products or services provided to:

• post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
• violate any applicable government laws or regulations.

You may not reproduce or redistribute any My Secretary Online web pages. You may not copy or reproduce the web pages to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in My Secretary Online, or in any product, service or web page provided through My Secretary Online.

The information provided by My Secretary Online to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of My Secretary Online with any third party.

Pricing

Products and services are invoiced at the price prevailing at the time of order. My Secretary Online reserves the right to modify the prices from time to time.

Despite our best efforts, a small number of Product items may be mis-priced or the offer has expired. If this occurs the following will apply:

• If a Product's correct price is lower than our stated price, you will be charged the lower amount.
• If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

My Secretary Online is not currently registered for VAT.

Invoice Value

The invoice value, where agreed to be calculated on an hourly rate, will be calculated to the nearest 1/4 hour. The time will be based upon all the time spent dealing with the order.

The invoice value, where agreed to be calculated on the basis of a rate per 1000 words, will be calculated based on the exact number of words and the number of words will be based upon Microsoft Word(TM) word count statistics.

Where the invoice value has been agreed to be calculated on a rate per 1000 words and parts of that work are of a more complex nature which precludes normal typing speeds (for example tables), My Secretary Online reserves the right to charge for that element of the work on an hourly rate. The invoice value will be calculated based on the wordage minus the element of work being charged at an hourly rate plus the hours spent on this work at an hourly rate.

If the method of agreeing the invoice value has not been agreed in advance the invoice will be calculated at an hourly rate.

Rates per 1000 words do not include research time. Where such research or other work is necessary to complete the work, this will be charged at our current hourly rate per hour with time rounded up to the nearest 1/4 hour.

Rates do not include the cost of telephone calls necessary to the client in order to discuss work ordered by the client. We will add telephone calls at cost to the invoice.

My Secretary Online requires clear instructions of the work required. In the event of poor quality material(s), insufficient materials being received or re-specification of an assignment, My Secretary Online reserves the right to revise their estimate. No work will be undertaken until both parties are in agreement.

Due Dates; Late Charges; Collection Costs

The amount due to My Secretary Online must be paid in full on the date such payment is requested by My Secretary Online, not later than 30 days after the billing date.

You agree to pay late charges that may be assessed by My Secretary Online on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law.

Any payments returned by the bank unpaid will be the responsibility of the client. My Secretary Online will not be held responsible for any charges incurred.

My Secretary Online reserves the right to refer Your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of these Terms of Use and in collection of any delinquent amounts due, including reasonable legal fees and costs.

Default

If My Secretary Online does not receive payment, you will be in default and My Secretary Online may suspend or cancel Your account and Your access to any or all My Secretary Online Products. If Your Payment Method Provider seeks return of payments previously made to My Secretary Online, but My Secretary Online in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and My Secretary Online may cancel Your account and Your access to any or all Products.

Cancellation or suspension for default may be made without prior notice to You and upon such cancellation or suspension, My Secretary Online may stop delivery of any product, and any information you have stored on My Secretary Online may not be retrieved at a later date.

Termination, Cancellation or Suspension; Refunds

My Secretary Online may, at its discretion, terminate, cancel, or suspend an accepted order if My Secretary Online is notified that Your Payment Method has expired or has been canceled. Termination, cancellation or suspension, whether by you or My Secretary Online, will not alter Your obligation to pay all charges due before such termination, cancellation or suspension (including charges made after termination by you but before My Secretary Online could reasonably act on Your termination notice). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension under these Terms and Conditions. You will not be entitled to any refunds upon termination, cancellation or suspension under these Terms and Conditions without valid reason.

If You notify My Secretary Online by phone or in writing that You are canceling one or more My Secretary Online services or products, fees pre-paid by You to My Secretary Online for My Secretary Online products or services will be credited back to You. My Secretary Online is not required to refund directly to You any amounts paid hereunder.

In the event that My Secretary Online terminates Your My Secretary Online account for violation of these Terms and Conditions, You will not be entitled to the return of any fees paid with respect to any such terminated service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense.

Changes to Services, Termination by My Secretary Online

My Secretary Online may change any of My Secretary Online services at any time and from time to time without notice, including terminating the offering of any My Secretary Online service altogether. My Secretary Online may terminate Your account or Your access to My Secretary Online (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your My Secretary Online services or from using My Secretary Online or from receiving any products, services or benefits from My Secretary Online, if My Secretary Online determines You have violated these Terms and Conditions, if You have failed to remit any applicable fees when due or if any representation or warranty made by You is untrue in any respect. In addition, if You violate any of these Terms and Conditions You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with My Secretary Online and there will be no refund of any fees pre-paid by You.

Links to Third Party Sites

Links within My Secretary Online may let You leave My Secretary Online. You acknowledge that the linked sites are not under the control of My Secretary Online and that My Secretary Online is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or web casting or any other form of transmission received from any linked site. My Secretary Online is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by My Secretary Online of the linked site or any association with their operators.

License You Grant to My Secretary Online

My Secretary Online does not claim ownership of the materials You provide to My Secretary Online (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of My Secretary Online (collectively "Submissions"). However, You grant My Secretary Online a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of My Secretary Online. You also grant My Secretary Online the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to My Secretary Online's use of the materials as licensed above. My Secretary Online is under no obligation to post or use any materials You may provide, and may remove such materials at any time in My Secretary Online's sole discretion. By uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through My Secretary Online, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant My Secretary Online the license set forth above, and You will defend and indemnify My Secretary Online and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

You grant My Secretary Online permission to use screen shots of any web page that contains a link to My Secretary Online or My Secretary Online code in My Secretary Online promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

Limitations of Liability and Disclaimers

The information, software, products, services and other material included in or available through My Secretary Online may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via My Secretary Online should not be relied upon for personal, technical, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of My Secretary Online, and products and services of My Secretary Online, is at Your own risk. My Secretary Online makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of My Secretary Online, or such products or services. Without limiting the foregoing, My Secretary Online does not make any representations or warranties about the condition, suitability, reliability, availability, completeness, security, timeliness, or accuracy of the information, software, products, services and materials contained in My Secretary Online for any purpose. All such information, software, products, services and materials are provided "as is" without warranty of any kind. My Secretary Online hereby disclaims all representations, warranties and conditions, express or implied, with regard to this information, software, products, services or materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall My Secretary Online be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation:

• damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of My Secretary Online or related services, or
• with the delay or inability to use My Secretary Online or related services;
• The provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through My Secretary Online; or
• otherwise arising out of the use of My Secretary Online, whether based on contract, tort, negligence, strict liability or otherwise, even if My Secretary Online has been advised of the possibility of damages. If You are dissatisfied with any portion of My Secretary Online, or with any of these Terms and Conditions, Your sole and exclusive remedy is to discontinue using the My Secretary Online and its related services and products.

Without limiting the foregoing, My Secretary Online is not responsible for any of Your data residing on My Secretary Online systems. You are responsible for maintaining and backing-up Your data and information that may reside on the My Secretary Online systems, whether or not such information is produced through the use of My Secretary Online. My Secretary Online will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of My Secretary Online, its services or products; (b) use of My Secretary Online by any other party to whom You have given access to Your company information for use of My Secretary Online; (c) errors, bugs or other defects in My Secretary Online; (c) illegal or criminal activities, including but not limited to reliance on any information obtained on My Secretary Online; or (d) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorised access to My Secretary Online's records, programs or services.

My Secretary Online is not liable for Your actions or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your My Secretary Online information, through the use of My Secretary Online.

Indemnity

You agree to defend, indemnify and hold My Secretary Online harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to legal fees) arising from Your violation of these Terms and Conditions. These obligations will survive any termination of Your relationship with My Secretary Online or Your use of My Secretary Online.

Access Restriction; Security and Passwords

My Secretary Online reserves the right to deny in its sole discretion any user access to My Secretary Online or any portion thereof without notice. You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or My Secretary Online resulting from any third party using a password or user name issued to You. You agree to notify My Secretary Online immediately of any known or suspected unauthorised access to or use of Your account, Your password or any other breach of security or misuse of My Secretary Online known to or suspected by You.

You hereby authorise My Secretary Online to rely on any data, notice, instruction or request furnished by You to My Secretary Online, or that My Secretary Online reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. My Secretary Online is not responsible for fraud of participants or of other users of Your account.

Your Data

My Secretary Online will only use Your data in accordance with our Privacy Statement.

My Secretary Online treat all work in the strictest confidence. We will sign any confidentiality documents provided by the client, if required to do so.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between You and My Secretary Online as a result of these Terms or Service or use of My Secretary Online.

My Secretary Online's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms and Conditions are in derogation of My Secretary Online's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of My Secretary Online or information provided to or gathered by My Secretary Online with respect to such use.

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

Unless otherwise specified herein, these Terms and Conditions and the Privacy Statement constitute the entire agreement between the user and My Secretary Online with respect to My Secretary Online and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and My Secretary Online with respect to My Secretary Online.

My Secretary Online is not obligated to monitor the content on My Secretary Online. My Secretary Online reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with My Secretary Online's Privacy Statement. My Secretary Online reserves the right to remove any information, content, or materials, in whole or in part at My Secretary Online's sole discretion, without notice at any time.

Complaints Procedure

If you have a complaint regarding any aspect of My Secretary Online you should inform us as soon as possible, in writing or by electronic mail.

We will endevour to respond to your complaint within 7 working days, and where possible, resolve complaints within 14 working days. We will, where possible keep you informed during our investigations into your complaint.