Virtual Assistant
General Terms and Conditions Naomi Mutiva - Virtual Assistant Services
1. Definitions
In these general terms and conditions, the following definitions apply:
1.1 Naomi Mutiva: The sole proprietorship Naomi Mutiva, registered with the Chamber of Commerce under number 94787395.
1.2 Client: The natural or legal person who utilizes the services of Naomi Mutiva.
1.3 Services: All activities carried out by Naomi Mutiva as part of the assignment, including but not limited to administrative support, calendar management, email management, and other virtual assistant services.
1.4 Agreement: The agreement between Naomi Mutiva and the Client in which the specific terms of service are established.
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2. Applicability
2.1 These general terms and conditions apply to all quotations, offers, agreements, and other legal relationships where Naomi Mutiva offers or provides services.
2.2 Deviations from these terms and conditions are only valid if agreed upon in writing between Naomi Mutiva and the Client.
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3. Quotations and Agreement
3.1 All quotations and offers from Naomi Mutiva are non-binding unless a term for acceptance is specified in the quotation.
3.2 An agreement is established when the Client accepts the quotation from Naomi Mutiva in writing.
3.3 Naomi Mutiva reserves the right to refuse an assignment without providing reasons.
4. Performance of Services
4.1 Naomi Mutiva will perform the services to the best of her knowledge and ability (best efforts obligation), taking into account the terms agreed upon in the agreement.
4.2 Naomi Mutiva has the right to engage third parties for the execution of the services if necessary for proper fulfillment of the assignment.
4.3 The Client shall timely provide all necessary information and cooperation required for the execution of the services. Naomi Mutiva is not liable for any damage arising from the reliance on incorrect or incomplete information provided by the Client.
5. Fees and Payment
5.1 The fees for services are agreed upon in advance and are exclusive of VAT, unless stated otherwise.
5.2 Payment must be made within 14 days of the invoice date unless otherwise agreed in writing.
5.3 In the event of late payment, the Client is in default by operation of law. The Client is then liable to pay interest of 2% per month, unless the statutory interest rate is higher, in which case the statutory rate applies.
5.4 If the Client fails to meet their obligations (on time), all reasonable costs incurred to obtain satisfaction out of court are payable by the Client. Naomi Mutiva may also suspend her services if the Client is in default.
6. Liability
6.1 Naomi Mutiva is not liable for damages resulting from the use of incorrect or incomplete information provided by or on behalf of the Client.
6.2 Naomi Mutiva’s liability is in all cases limited to the amount paid out by her insurer, plus the deductible under that insurance. If no payment is made under the insurance for any reason, liability is limited to the amount paid by the Client for services in the three months preceding the incident causing the damage.
6.3 Naomi Mutiva is not liable for indirect damages, including but not limited to consequential damages, loss of profit, missed savings, and business interruption damages.
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7. Intellectual Property
7.1 All intellectual property rights related to the services and materials provided by Naomi Mutiva remain with Naomi Mutiva or her licensors.
7.2 The Client is not permitted to reproduce, publish, or exploit materials provided by Naomi Mutiva without her written consent.
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8. Confidentiality
8.1 Both parties are obliged to maintain the confidentiality of all confidential information obtained from the Client in the context of the agreement. Information is considered confidential if indicated by the Client or if it is evident from the nature of the information.
8.2 The confidentiality obligation does not apply if Naomi Mutiva is required to disclose confidential information to third parties by law or a court order.
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9. Termination of the Agreement
9.1 Naomi Mutiva may terminate the agreement at any time in writing, with a notice period of 30 days.
9.2 Naomi Mutiva may terminate the agreement immediately if the Client fails to meet their obligations under the agreement in full or on time.
9.3 The Client may not terminate the agreement prematurely and is in no case entitled to a refund of payments already made.
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10. Force Majeure
10.1 Naomi Mutiva is not obligated to fulfill any obligation if hindered by force majeure. Force majeure includes, but is not limited to, strikes, fire, business interruptions, power failures, internet disruptions, and non-delivery or late delivery by engaged third parties, as well as any other circumstance beyond Naomi Mutiva’s control that impedes the fulfillment of obligations toward the Client.
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11. Governing Law and Disputes
11.1 All legal relationships involving Naomi Mutiva are governed exclusively by Dutch law.
11.2 Disputes arising from or related to these terms and conditions and/or the agreement shall be submitted exclusively to the competent court in the district of Midden-Nederland, location Utrecht.
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12. Final Provisions
12.1 If any provision of these terms and conditions proves invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that closely approximates the intent of the original provision.
12.2 Naomi Mutiva reserves the right to amend these general terms and conditions. The amended terms will take effect upon publication on the Naomi Mutiva website.
Last amended on August 30, 2024.
