Terms and Conditions
Valid for Virtual Assistance Services within the European Region with Company Headquarters in Spain
 
1. Scope

These General Terms and Conditions (GTC) apply to all legal transactions between the Contractor and the Client, even if they are not expressly referenced. The version of the GTC valid at the time of contract conclusion is decisive.

By commissioning the Contractor, the Client confirms that they have read and accepted the GTC.

Deviating or supplementary agreements require written form and must be confirmed by both parties. Individual contractual provisions that deviate from or contradict these GTC take precedence.

The Client’s GTC are only accepted if explicitly and individually agreed upon in writing.

These GTC apply exclusively to legal relationships with entrepreneurs, i.e., in the B2B sector.

Changes to the GTC will be communicated to the Client in writing and are considered agreed upon if the Client does not object in writing within 14 days. The Client will be expressly informed of the significance of their silence in the notification.

 

2. Contract Subject

2.1. The contracting parties agree to collaborate in accordance with the specific individual contractual agreement. An employment relationship is not established.

2.2. The Contractor is responsible for social security contributions and tax matters and indemnifies the Client from any related obligations.

2.3. The Contractor is entitled to work for other clients as well.

 
3. Formation of the Contract

3.1. The contractual relationship is established by the issuance of a client order or by booking an hourly package and its acceptance by the Contractor. This is done in writing.

3.2. The subject of the contract and the exact description of the tasks are specified in the order letter.

3.3. The Client receives the contract acceptance in writing to the email address they provided. This is marked as contract acceptance.
3.4. The order letter is stored by the Contractor.

 

4. Contract Duration and Termination

4.1. The contract begins and ends at the individually agreed time.

4.2. For indefinite collaboration, a notice period of one month in advance must be observed.

4.3. The booked hourly package does not automatically renew upon expiration and does not require termination. Hourly packages must be used within 6 months, as clearly indicated on the website.

4.4. Terminations must be submitted in writing (via email to office@thekeyproject.eu) to the address specified in the General Terms and Conditions.

 

5 Services and obligations of the contractual partners

5.1. The services to be provided include the tasks detailed in the order.
The contractor offers the client the working hours of a virtual personal assistant.
The client is responsible for selecting the hourly package or offer that suits their needs.

5.2. The client may purchase a one-time hourly package that can be used within 3 months from the acceptance of the contract to delegate any number of tasks.

5.2.2. The client may purchase a cooperation package with a weekly allocation of 5 or 10 hours at a fixed monthly rate.
A prepayment of 50% of the rate guarantees the fulfillment of the contractual obligations for both parties.
The hours must be used within the respective month.
The cooperation can begin on any business day of the month and is valid for 30 days from the date of purchase.
Within this period, tasks can be assigned.

5.3. Tasks may be assigned via email, phone, or other communication channels agreed upon in writing.
When submitting tasks, the client must provide instructions and information on how the desired results should be executed.

5.4. The contractor will inform the client regularly about the progress of the tasks.
A schedule for service delivery and a planned completion date can be agreed upon.

5.5. If the contractor is unable to fulfill an assigned task, the client will be informed immediately.

5.6. The contractor does not work on the client’s premises, and the client cannot determine the workplace of the virtual assistant.

5.7. The contractor provides the programs, equipment, and personnel required for the service delivery, unless otherwise agreed in an individual contract.
If specific programs or software are necessary, the client must provide them or purchase them in coordination with the contractor.

5.8. Changes to the agreed scope of services may be requested in writing.
The recipient will review the feasibility of the changes and inform the requester of approval or rejection in writing.
Extensive reviews may incur charges upon prior notice.

5.9. The contractor offers services in the areas of administration, organization, customer support, bookkeeping preparation, project management, administrative HR tasks, copywriting, proofreading, and supportive tasks.
The contractor does not replace legal advice, tax consultancy, or business consulting.

 

6. Clocking and time recording

6.1. Time tracking is calculated in 5-minute increments.
Each task started will be charged with a minimum of 5 minutes.

6.2. The contractor ensures a complete and transparent recording of working hours.

6.3. Work breaks will not be deducted from the client’s booked hourly quota. Only actual working time is tracked.

6.4. The current hourly quota will be provided to the client upon request.

 
7 Prices and terms of payment

7.1. The selected hourly package is due for immediate payment in full, without deductions, upon acceptance of the contract and issuance of the invoice (advance payment).

Accepted offers generally require a down payment of 50% and payment of the remaining amount at the end of the contract.
Individual agreements are excluded from this.
Special payment terms can be found in the respective valid offer.

7.2. Invoices are payable in full upon receipt, without deductions.

7.3. The booked hourly package will be activated upon acceptance of the contract and is valid for 3 months from the time of booking.

 
8 Confidentiality and secrecy

8.1. The contractor is obligated to maintain confidentiality regarding the client’s business and trade secrets.

8.2. Documents, information, and work results will not be disclosed to third parties, except in the cases outlined in Section 15. Information will only be shared with unknown parties upon written agreement.

8.3. The client is obligated to maintain confidentiality regarding contract details as well as the contractor’s business and trade secrets.

8.4. The confidentiality obligation applies indefinitely beyond the contractual relationship, except in cases of mandatory legal disclosure.

 

9. Liability

9.1. The contractor is liable for intent or gross negligence in accordance with statutory provisions.
For minor negligence, the contractor is only liable under the provisions of the Product Liability Act, in cases of injury to life, body, or health, or for breaches of essential contractual obligations.
Compensation for damages due to minor negligence in the breach of essential contractual obligations is limited to foreseeable damages.
The contractor is liable for the fault of vicarious agents and representatives to the same extent.

9.2. This provision covers damages in addition to and instead of performance, as well as claims for reimbursement of wasted expenses.

9.3. The contractor is liable for damages caused by delays and commits to free rework in case of defects.

9.4. Liability for links on this website:
Our website contains links to other websites for whose content we are not responsible.
Liability does not apply under § 17 ECG, as we were unaware of any legal violations.
If we become aware of legal violations, such links will be removed.
Please contact us if you identify any links to unlawful content.

 

10. Place of jurisdiction

10.1. The business relationship between the parties is governed exclusively by Spanish law.

10.2. The court of jurisdiction is the court responsible for the contractor’s registered office.
The contractor reserves the right to sue the client at their general place of jurisdiction.

 

11 Other provisions

Both contracting parties confirm that they have provided all contractual information truthfully and to the best of their knowledge.
Collateral agreements and amendments to the contract must be made in writing.
This formal requirement cannot be waived either verbally or tacitly.

 

Copyright notice

All contents of this website (images, photos, texts, videos) are subject to copyright.
Unauthorized use will be prosecuted.
In the event of copyright infringements on this website, please contact us.

Data protection regulations for virtual assistance services:

1. Responsible body

Responsible for the processing of your personal data within the scope of this privacy policy is

Annika Sukup – The Key Project
C/Escorca 28
07818 San Francesc De S’Estany
Ibiza, Balearic Islands, Spain

0034 693 766 018
E-mail: office@thekeyproject.eu

 
2. Collection and processing of personal data

We collect and process our customers’ personal data exclusively in accordance with the statutory provisions.
Personal data is any information relating to an identified or identifiable natural person.

3. Purpose of data processing

Personal data is processed for the following purposes:

  • Provision of our virtual assistance services
  • Communication with customers
  • Processing of contracts and orders
  • Management of customer accounts
  • Marketing purposes, provided you have consented to this
  • Analysis and improvement of our services

4. Legal bases of data processing

The processing of personal data is based on the following legal bases:

  • Art. 6 para.
    1 lit.
    a GDPR: Consent of the data subject
  • Art. 6 para.
    1 lit.
    b GDPR: Fulfillment of a contract
  • Art. 6 para.
    1 lit.
    f GDPR: Protection of legitimate interests

5. Use of tools and services

We use the following tools and services to provide our services and manage our business processes:

Google Workspace:
We use Google Workspace for email communication, document creation and management and calendar functions.
Google Workspace is operated by Google Ireland Limited and meets the requirements of the GDPR.


1Password:
We use 1Password for secure password management, ensuring your data is protected with industry-leading encryption standards.

Canva:
We use Canva to create graphic designs and marketing materials.
Canva Pty Ltd, the provider, has committed to the standard contractual clauses of the European Union.

ChatGPT:
We use ChatGPT to support the creation of content and for communication with customers.
ChatGPT is operated by OpenAI and complies with the applicable data protection regulations.

iCloud:
iCloud is used to store and manage data.
The service is operated by Apple Inc.
and meets the requirements of the GDPR.

Facebook and Instagram:
We use Facebook and Instagram for marketing purposes and to communicate with customers.
These services are operated by Meta Platforms Ireland Limited and meet the requirements of the GDPR.

Google Ads and Google Analytics:
We use Google Ads for advertising purposes and Google Analytics to analyze website usage.
Both services are operated by Google Ireland Limited and meet the requirements of the GDPR.

WordPress:
Our website is operated with WordPress.
WordPress.org is an open source project and meets the requirements of the GDPR.

All-Inkl (Hosting):
Our website is hosted by All-Inkl.com – Neue Medien Münnich.
The hosting provider fulfills the requirements of the GDPR.

6. Disclosure of data

Your personal data will only be passed on to third parties if this is necessary to fulfill our contractual obligations, if there is a legal obligation or if you have consented to the transfer.

7. Data security

We use technical and organizational security measures to protect your personal data against loss, misuse and unauthorized access.

8. Your rights

You have the right to obtain information about the personal data processed by us, to request rectification, erasure or restriction of processing and to object to the processing of your personal data.
In addition, you have the right to data portability and the right to lodge a complaint with a supervisory authority.

9. Contact

If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data and revocation of consent, please contact:

Annika Sukup – The Key Project
C/Escorca 28
07818 San Francesc De S’Estany
Ibiza, Balearic Islands, Spain

0034 693 766 018
E-mail: office@thekeyproject.eu

 
10. Changes to the data protection provisions

We reserve the right to change this privacy policy at any time.
The latest version is available on our website.

Date of the last update: 14.08.2024