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Terms and Conditions

FNQ Virtual Support

Last Updated: November 2025

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1. INTRODUCTION

These Terms and Conditions ("Terms") govern the provision of virtual assistant services by FNQ Virtual Support ABN [INSERT ABN] ("we", "us", "our", or "the Service Provider") to clients ("you", "your", or "the Client").

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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2. DEFINITIONS

"Services" means any virtual assistant services provided by FNQ Virtual Support, including but not limited to:

  • Website creation and maintenance

  • Social media management

  • Grant writing assistance

  • Business administrative tasks

  • Bookkeeping support

  • Any other services as agreed upon in writing

"Agreement" means the contract formed between FNQ Virtual Support and the Client when services are engaged.

"Contract Price" means the fees payable for Services as set out in the invoice, quote, or service agreement.

"Business Day" means a day that is not a Saturday, Sunday, or public holiday in Queensland, Australia.

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3. SERVICES

3.1 Scope of Services

The specific services to be provided will be outlined in a separate service agreement, proposal, or statement of work. Any changes to the agreed scope must be documented in writing and signed by both parties.

3.2 Service Standards

We will provide Services with due care and skill in accordance with industry standards and as a competent virtual assistant would reasonably be expected to perform.

3.3 Client Responsibilities

You agree to:

  • Provide accurate and complete information necessary for us to perform the Services

  • Respond to requests for information or approvals in a timely manner

  • Provide access to necessary systems, platforms, and materials required to complete the Services

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4. FEES AND PAYMENT

4.1 Fee Structure

Our fees will be charged according to one of the following methods as specified in your service agreement:

  • Hourly rate

  • Fixed monthly retainer

  • Project-based fee

  • Per-task pricing

4.2 Hourly Billing

When services are billed by the hour:

  • Time worked will be rounded up to the nearest full hour

  • For example:

    • 30 minutes of work = charged as 1 hour

    • 1 hour and 15 minutes of work = charged as 2 hours

    • 2 hours and 5 minutes of work = charged as 3 hours

4.3 Payment Terms

  • Invoices are payable within 7 business days from the date of invoice unless otherwise specified

  • Payment can be made via bank transfer, credit card, or other agreed methods

  • All prices quoted are in Australian Dollars (AUD) and include GST where applicable

4.4 Late Payment

If payment is not received by the due date:

  • We reserve the right to suspend services until payment is received

  • Interest may be charged on overdue amounts at a rate of 2% per month

  • We may engage debt collection services for amounts outstanding beyond 30 days, and you will be responsible for any associated costs

4.5 Advance Payment for Projects

For certain project-based services (such as website creation), we may require a deposit of up to 50% before commencing work.

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5. REFUND POLICY

5.1 Monthly Retainer Services

For clients on monthly retainer packages:

  • Refunds will only be provided for full, unused months of service

  • No partial month refunds will be provided

  • Example: If you have paid for 5 months of service and cancel halfway through month 3, you will be refunded for months 4 and 5 only (2 full months)

  • To receive a refund for unused months, you must provide written notice of cancellation

5.2 Website Creation Projects

For website creation services:

  • If you cancel the project before the website is launched, you will receive a 50% refund of the total project fee

  • This partial refund applies to cover our time, expenses, and fees incurred during the project development

  • Once a website has been launched or handed over to you, no refund will be provided

  • Refunds do not apply to third-party costs such as domain registration, hosting fees, or purchased plugins/themes

5.3 Hourly and Per-Task Services

For services billed hourly or per task:

  • You will only be charged for work completed

  • If you cancel a service before work commences, a full refund will be provided

  • Once work has commenced, you will be charged for all time worked (rounded up to the nearest hour as per clause 4.2)

5.4 Non-Refundable Items

The following are non-refundable:

  • Third-party costs (domain names, hosting, software subscriptions, stock images, etc.)

  • Services already rendered

  • Deposits for projects where work has commenced

5.5 Change of Mind

Under Australian Consumer Law, we are not required to provide a refund if you simply change your mind about a service. However, refunds may be provided at our discretion on a case-by-case basis.

5.6 Refund Process

  • All refund requests must be made in writing via email to [INSERT EMAIL]

  • Refunds will be processed within 14 business days of approval

  • Refunds will be made using the same payment method used for the original transaction

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6. CONSUMER GUARANTEES

6.1 Australian Consumer Law

Under the Australian Consumer Law (ACL), our Services come with guarantees that cannot be excluded. You are entitled to:

  • Services provided with due care and skill

  • Services that are fit for the purpose you specified

  • Services completed within a reasonable time (if no time was specified)

6.2 Remedies for Service Failures

If we fail to meet a consumer guarantee:

  • You may be entitled to a remedy, which may include a refund, re-performance of the service, or compensation

  • The remedy will depend on whether the failure is major or minor

  • For a major failure, you are entitled to cancel the service contract and obtain a refund or compensation

  • For a minor failure, we are entitled to a reasonable opportunity to rectify the issue

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7. INTELLECTUAL PROPERTY

7.1 Ownership of Work Product

Upon full payment of all fees:

  • You will own all intellectual property rights in the final deliverables created specifically for you (such as website content, social media graphics, and documents)

  • We retain ownership of our general methodologies, processes, templates, and pre-existing materials

7.2 Third-Party Materials

Any third-party materials (such as stock photos, fonts, or software) remain the property of their respective owners and may be subject to separate licensing terms.

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8. CONFIDENTIALITY

8.1 Confidential Information

We will keep confidential all information disclosed to us in the course of providing Services, including:

  • Business information

  • Customer data

  • Financial information

  • Trade secrets

8.2 Privacy and Data Protection

We will handle your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, available on our website.

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9. TERM AND TERMINATION

9.1 Term

This Agreement commences when you engage our Services and continues until:

  • The Services are completed (for project-based work)

  • Either party terminates the Agreement in accordance with these Terms (for ongoing services)

9.2 Termination by Client

You may terminate this Agreement by providing 14 days' written notice to us. You will remain liable for:

  • All fees for Services provided up to the termination date

  • Any costs incurred on your behalf

  • Refunds will be calculated in accordance with clause 5

9.3 Termination by Service Provider

We may terminate this Agreement immediately if:

  • You fail to pay any invoice within 30 days of the due date

  • You breach any material term of this Agreement

  • You engage in conduct that is unlawful, abusive, or harassing toward our staff

9.4 Effect of Termination

Upon termination:

  • You must pay all outstanding fees for the Services provided

  • We will cease providing Services

  • We will return or destroy your confidential information as requested (subject to legal obligations)

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10. LIABILITY AND INDEMNITY

10.1 Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability to you for any loss or damage arising from the Services will be limited to the total fees paid by you for the specific Services that gave rise to the liability

  • We will not be liable for any indirect, consequential, or special damages, including loss of profits, loss of business, or loss of data

10.2 Exceptions

Nothing in these Terms excludes or limits our liability for:

  • Breach of consumer guarantees under the Australian Consumer Law where such exclusion would be unlawful

  • Death or personal injury caused by our negligence

  • Fraud or fraudulent misrepresentation

10.3 Client Indemnity

You agree to indemnify, defend, and hold harmless FNQ Virtual Support from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or resulting from:

10.3.1 Client's Breach

  • Your material breach of any provision of these Terms and Conditions

  • Your failure to provide accurate, complete, or authorised information to us

  • Your failure to comply with applicable laws when providing content, instructions, or materials to us

10.3.2 Client-Provided Content or Materials

  • Any content, materials, documents, data, or instructions you provide to us that:

    • Infringe or violate any third-party intellectual property rights (including copyright, trademark, patent, or moral rights)

    • Violate any applicable law (including privacy laws, defamation laws, or regulations)

    • Contain confidential information of third parties without proper authorisation

    • Are misleading, deceptive, or unlawful in nature

10.3.3 Client's Misuse of Services

  • Your unauthorised, illegal, or prohibited use of the Services provided by FNQ Virtual Support

  • Your use of our Services in breach of any applicable law, regulation, or court order

  • Your use of our Services to create unlawful, defamatory, obscene, or harmful content

10.3.4 Client's Instructions

  • Claims arising from your instructions to us to perform work that is unlawful or violates third-party rights

  • Your acceptance and use of deliverables in a manner that violates any law or third-party rights

10.3.5 Important Limitations and Exclusions

This indemnity clause does NOT apply to the extent that any claim, loss, or damage arises from or is contributed to by:

  • Our negligence, breach of duty, or breach of these Terms

  • Our failure to comply with applicable law (including the Australian Consumer Law)

  • Our breach of the consumer guarantees under the Australian Consumer Law

  • Our infringement of third-party intellectual property rights (unless you provided us with inaccurate information about ownership)

  • Our misrepresentation or misleading conduct

  • Our failure to exercise reasonable care and skill

  • Our gross negligence or willful misconduct

  • Any act or omission of FNQ Virtual Support that is unlawful

10.3.6 Proportionate Liability

If any claim arises partly from your actions or omissions and partly from our actions or omissions, your indemnity obligation will be reduced proportionately to the extent that we caused or contributed to the claim. You will only indemnify us for the portion of the loss, damage, or cost that is directly and solely attributable to your breach, misuse, or provision of unlawful content or materials.

10.3.7 Excluded Claims

You will NOT be required to indemnify us for:

  • Any claim arising from our failure to provide Services with due care and skill

  • Any claim arising from our breach of consumer guarantees under the Australian Consumer Law

  • Any indirect, consequential, special, or punitive damages we may suffer

  • Claims where we failed to take reasonable steps to mitigate loss

10.3.8 Conditions of Indemnity

This indemnity will only apply if:

  • You are promptly notified in writing of the claim

  • We provide you with reasonable cooperation in defending the claim

  • We do not settle or admit liability for the claim without your consent (which may not be unreasonably withheld)

  • We have taken reasonable steps to mitigate any loss

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11. DISPUTE RESOLUTION

11.1 Good Faith Negotiation

If a dispute arises, both parties agree to first attempt to resolve it through good-faith negotiation.

11.2 Mediation

If the dispute cannot be resolved through negotiation within 14 days, the parties agree to attempt mediation before commencing legal proceedings.

11.3 Queensland Jurisdiction

These Terms are governed by the laws of Queensland, Australia. Any legal proceedings will be brought in the courts of Queensland.

12. GENERAL PROVISIONS

12.1 Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior discussions or agreements.

12.2 Amendments

We may update these Terms from time to time. Changes will be notified to you in writing or via our website. Continued use of our Services after changes constitutes acceptance of the new Terms.

12.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.

12.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

12.5 Force Majeure

We will not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, strikes, or technology failures.

12.6 Assignment

You may not assign or transfer your rights under this Agreement without our prior written consent.

13. CONTACT INFORMATION

For questions about these Terms and Conditions or to request a refund, please contact:

FNQ Virtual Support
Email: [INSERT EMAIL ADDRESS]
Phone: [INSERT PHONE NUMBER]
Address: [INSERT BUSINESS ADDRESS]
ABN: [INSERT ABN]

ACKNOWLEDGEMENT

By engaging our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

These Terms and Conditions comply with Queensland and Australian law, including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

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