Terms of service

Introduction

Please read these Terms of service (these "Terms") carefully as they govern your use of HeyBeatrice’s virtual assistant service.

HeyBeatrice is a division of Larrani Ltd. These Terms of service therefore constitute an agreement between you (‘‘Client’’) and Larrani Ltd. (‘‘HeyBeatrice’’, “Us”, “Service provider”, “We” or “the website’’).

By clicking to accept or agree to the Terms on the website, or otherwise using, the HeyBeatrice Service, you accept and agree to be bound and abide by these Terms. If you do not want to agree to the Terms, then you must not accept on our website, or use HeyBeatrice Service.

The HeyBeatrice service

HeyBeatrice provides Virtual Assistant Services, to professionals and businesses by using independent contractors (“Virtual Assistants”).

Independent contractor

It is understood by both parties that both HeyBeatrice and its virtual assistants are Independent Contractors and are not Employees of the Client, and this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. The Client will not provide benefits, including health insurance, paid vacation or any other Employee benefit for HeyBeatrice and its virtual assistants. HeyBeatrice is also responsible for his or her own taxes and other withholdings from his or her payments.

Client & virtual assistant

Communication with your dedicated virtual assistant will be done via a secure Slack channel.

Based on the subscription plan chosen by the Client, the Virtual assistant is obligated to perform tasks within the stipulated number of hours selected in the plan.

Due to the virtual nature of the relationship, the Client understands the importance of communication, and agrees to respond to questions, requests and communications from the Virtual Assistant(s) in a timely manner.

Poor planning or miscommunication on the part of Client will not constitute an emergency for the Virtual Assistant(s). Client understands that the virtual assistant(s) may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.

Client agrees that the accuracy of information supplied to the Virtual Assistant(s) is the sole responsibility of Client, and that they are not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client. Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. HeyBeatrice and its Virtual Assistants are not responsible for errors or omissions on the Client’s part.

Confidentiality

A Confidentiality Clause forms part of our Service Agreement, which must be fully executed before any work commences. HeyBeatrice and its Virtual Assistants will not at any time, either directly or indirectly, use for its personal benefit or disclose, or communicate in any manner any information that is pertaining to its clients. All your information will be kept strictly confidential. This provision shall remain effective even after the termination of all agreements and projects. Upon termination of agreements, HeyBeatrice and its Virtual Assistants will return all documentation, records or other items that were used or created by HeyBeatrice for its clients during the term of our agreement. Each party shall keep confidential and not without the disclosing party’s prior written consent disclose to any third party any information of a confidential nature received from the disclosing party which relates to the business of that party whether or not such information is marked as confidential (“Confidential Information”). “Confidential Information” means all information whether in written, oral or electronic format and whether disclosed directly or indirectly, designated as such by you, which relates to the business, affairs, customers, products, developments, operations, processes, pricing, networks, trade secrets, design rights, know-how and personnel of your company or an associate company, if applicable.

Payments

  1. The client agrees to make full payment upfront before services are rendered by our assistants. Subscription charges are calculated based on the total number of hours required monthly by the client.


  2. For every new virtual assistant assigned, the Virtual Assistant shall work on a probationary period of 2 hours. If you are not satisfied with the work or Virtual Assistant within those 2 hours, and can show reasonable proof, you will be paired with a different virtual assistant. Also, the Virtual Assistant will not be entitled to any pay for those 2 hours.

    However, you are satisfied with the work and Virtual Assistant within those 2 hours, the Virtual Assistant can continue working with you, and will be compensated for those hours.


  3. HeyBeatrice (Larrani Ltd) serves as the Client’s limited authorized payment collection agent for the purpose of accepting payments (via its Payment Services Provider, if applicable) from the Client, and remitting those payments to the Virtual assistant.

    HeyBeatrice Service fees are deducted from the total subscription charge paid by the client, and the remaining amount is paid to the virtual assistant at the end of the client’s billing cycle.

    In the event that HeyBeatrice does not remit any such amounts to the Virtual assistant as at when due, the Virtual Assistant will have recourse only against HeyBeatrice and not the client directly.


  4. After the expiration of a subscription plan, Unused hours can be rolled over.


  5. Rates are subject to change with 30 days’ notice.


  6. All of our services are prepaid. Credit and debit cards are accepted


  7. You agree to receive invoices and/or payment receipts from HeyBeatrice in electronic form as PDF documents.

Refunds

  1. If the Client is not satisfied with the Work or any other aspect of the Services, contact should in the first instance be made to esther@heybeatrice.com. If Client can demonstrate that a particular requirement has not been met by their virtual assistant, but that Hourly Charges have been made (or Client's allocation of time purchased by the Monthly Subscription Charge has been decremented) in respect of the requirement, HeyBeatrice shall either (at its option) arrange for the Work to be completed satisfactorily, or arrange for a refund or rollover of the time charged in respect of such unmet requirement.


  2. Refunds are at the sole discretion of HeyBeatrice.

Expenses

Expenses such as mileage, long-distance telephone charges, payments made to vendors and third-parties, shipping and handling costs are not included in any fees and will be billed to Client separately by the Virtual assistant. Payments for such expenses are made directly to the Virtual Assistant and not HeyBeatrice.

Refusal of work

HeyBeatrice and all virtual assistants working on their behalf reserve the right to refuse to work for any client if they have reasonable grounds to feel uncomfortable or unsure of any requests.

Discliamer, limitation of liability, and idemnity



Discliamer

The services are provided “as is” and “as available.” HeyBeatrice disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms. In addition, HeyBeatrice makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of the services, or that the services will be uninterrupted or error-free. HeyBeatrice does not guarantee the quality, suitability, safety or ability of third-party providers. you agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

Limitation of liability

HeyBeatrice liability on any claim of any kind for any loss or damage arising out of, in connection with or resulting from this agreement or from the performance or breach thereof shall in no case exceed the total amount of the invoice which gives rise to the claim.

To the fullest extent permitted by the Applicable Law (and in the absence of fraud, willful default or gross negligence as determined by the final judgement of a competent court), neither HeyBeatrice or our directors, employees, officers, agents or sub-contractors will be responsible and/or liable for:

  1. any direct, indirect or consequential Losses suffered or incurred by the Client or its affiliates at any time from any cause whatsoever arising out of any act or omission on the part of HeyBeatrice in connection with the Services provided and/or HeyBeatrice duties under the Agreement;
  2. any loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HeyBeatrice or its officers; or
  3. any error of judgement or damage, loss, claims, proceedings, demands, liabilities, costs or expenses whatsoever or howsoever suffered or incurred by the or any other person at any time as a result of or, directly or indirectly, in connection with the Agreement or the provision of Services by HeyBeatrice under these Terms and Conditions.
  4. any loss resulting from a client deciding to contract or contact the Virtual Assistants directly, without paying through our platforms or paying our subscription fees. Any such contract between a client and a virtual assistant is strictly prohibited and amounts to a breach of this agreement.

Nothing in these Terms & Conditions shall be interpreted as excluding or restricting any legal liability on us or others where liability cannot legally be excluded or restricted.

Idemnity

The Client and/or or its affiliates shall fully indemnify and hold harmless HeyBeatrice, to the full extent permitted by law, from any and all claims, liabilities, Losses, costs and expenses arising directly or indirectly, in connection with the performance by or on behalf of HeyBeatrice of the right and/or obligations under the Agreement and/or the rendering of any Service and which may be suffered or incurred by HeyBeatrice or any of the employees and/or officers from time to time in connection with the provision of Services, except for any claims resulting from negligence, willful misconduct or fraudulent behavior (a finding to such effect by the final judgement of a competent court).

Severability

If one or more of the provisions hereof shall be held to be invalid, illegal or unenforceable, the validity and enforceability of its other provisions shall not be affected thereby.

Governing law and dispute resolution

This Terms and Conditions shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria and the Parties submit to the jurisdiction of the Courts of Nigeria.

Termination

Either party may terminate the agreement constituted by these Terms at any time by notice of not less than one full Monthly Subscription Charge period.

Notices

All notices shall be given to the parties at their respective addresses or through their respective email addresses.

Force majeure

  1. Force Majeure Event means any circumstance not within a party's reasonable control including:

    1. acts of God, flood, drought, earthquake or other natural disaster;
    2. epidemic or pandemic;
    3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
    4. nuclear, chemical or biological contamination or sonic boom;
    5. any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition or failing to grant a necessary licence or consent;
    6. collapse of buildings, fire, explosion or accident;
    7. any labour or trade dispute, strikes, industrial action or lockouts;
    8. non-performance by suppliers, subcontractors and Freelancers; and
    9. interruption or failure of utility service.

  2. If a party is prevented, hindered or delayed in or from performing any of its obligations under these Terms by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.


  3. The Affected Party shall: (a) as soon as reasonably practicable after the start of the Force Majeure Event, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and (b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

Data protection

  1. Each Party agrees that the collection, use, sharing, retention and destruction of data shall be in accordance with the provisions of the Nigerian Data Protection Regulation 2019 and General Data Protection Regulation (GDPR).


  2. Each Party shall have rights to ownership and control of its data.


  3. Each Party hereby undertakes not to use any data received in connection with the Service other than for the purpose of performing its obligations in this SLA.

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