1. Facilities and Services provided under
this Agreement
a) In consideration of the payment by
the client of the standard facility fee specified in box 3 overleaf
each month, the Operator provides the Client with access to and use
of fully furnished office Accommodation ('the Accommodation') as specified
overleaf in box 3 and public areas.
b) The standard facility fee includes
all rates (except where specifically agreed between Client and Operator).
In addition, the standard fee includes: All service charges relating
to normal use of heating, lighting, cleaning and servicing of public
areas such as reception, kitchen and sanitary facilities, car parking*,
telephone answering and receptionist to greet visitors during normal
opening hours.
c) The following service facilities
are made available, for an additional service charge, either directly
or through third parties: Secretarial services: photocopying: messaging:
courier services: facsimile: travel arrangements: office supplies: meeting
room hire: food and beverage services: mail handling
*Subject to availability
2. Duration and Termination of the
Agreement
A)This agreement is concluded for the
duration specified in section 3 overleaf. Unless terminated in writing
commencing 1st of the month by either party giving three months notice
(one month if the original duration is three months). It will be automatically
extended by further periods of three months until three months notice
of termination is received to the end of an extension period.
b) Extraordinary termination of the
Agreement and of the right of access to the Business Centre. The Operator
may terminate the Agreement or refuse an extension of the Agreement
for just cause, including any breach of any part of this Agreement.
Equally, if the client, being a company, enters into liquidation whether
compulsory or voluntarily (save for the purpose of reconstruction or
amalgamation) or, being an individual, has a receiving order made against
him or becomes bankrupt, the Operator will have the right to terminate
all of the Clients rights under the Agreement or such other rights as
the Operator designates with or without notice to the client and in
addition to and not in lieu of other remedies available. Upon such action
by the Operator, the client will remain liable for all obligations which
have previously accrued and will not pay an indemnity equal to 3 months
standard facility fee or the total facility fee of the unexpired term
whichever is greater.
This assignment is personal to the licensee
and is not assignable and the rights set out in clause 2 may only be
exercised by the licensee its employees and properly authorised invitees
4. Payment of the Standard Facility
Fee & Service Charges
a) Standard Facility Fee The Standard
facility fee plus applicable VAT as listed in section 3 overleaf is
payable in advance on the first working day of each month.
b) Service charges All service charges
for additional services and facilities used plus applicable VAT are
invoiced in arrears and are payable within seven days of receipt of
invoice. The Operator reserves the right to change the cost of any or
all of the service charges at any time during the term of the Agreement
by giving 30 days notice to the Client.
c) Deposit Prior to being given access
to the Accommodation, the Client will pay a deposit specified overleaf
as security against all obligations entered into by the Client in this
Agreement, including any damage to the Client's Accommodation and furnishings
and fittings therein. This deposit will be returned to the Client within
30 days of the Client vacating the premises, subject to the deduction
of any outstanding standard facility fee or service charges or other
fees outstanding and the cost of returning the Accommodation to the
condition it was found in at the commencement of the term, reasonable
wear and tear excepted.
d) The Operator reserves the right to
increase the deposit should the Client's outstanding facility fee and
service charges exceed the deposit amount held or if the client is repeatedly
in arrears with payment of invoices.
e) Penalties Upon Late Payment The Operator
reserves the right to terminate the Agreement and ask the Client to
vacate the Accommodation immediately if the standard facility fee is
not paid or the service charges for the additional services are not
paid by the end of the day that they are due. Any invoiced amounts left
outstanding after their due date will be subject to interest at the
rate of 4% above the prevailing base rate.
f) Payment of disputed invoiced items
Should part of an invoice issued by the Operator be in dispute, the
Client will be obliged to pay by the deadlines mentioned above the part
of the invoice which is not in dispute while the disputed amount is
being settled between the Operator and the Client without prejudice
to paragraph 4 (e) above
5. The Clients Rights and Responsibilities
a) The Client will be entitled to carry
on his business in the Accommodation specified in box 3 overleaf. The
Operator reserves the right to request thClient to move to other Accommodation
of similar size within the business centre should this become necessary
for business reasons.
b) During the term of this Agreement
and subject to timely payment of the standard fee, the Client is entitled
to use the address of the Business Centre as his business address. Upon
termination of the Agreement for whatever reason, it is the Client's
responsibility to notify all parties of the change of address. Subsequent
mail sent to the address will be returned to sender.
c) The Client may only conduct business
from the Accommodation in the name of the Client specified overleaf
or such business name as may be agreed in writing with the Operator.
d) The keys remain the property of the
Operator and shall not be duplicated or transferred to third parties
without the express written permission of the Operator. The loss of
keys must be reported to the Operator immediately. The cost of lost
keys as well as the cost of changing locks will be borne by the Client.
e) Should the Client use the premises
outside normal working hours he is responsible for locking all doors
used and activating the alarm system to all public areas.
f) The Client may not alter the Accommodation
allocated to him in any way or install any communication connections
without prior written consent of the Operator. The granting of this
consent is entirely at the discretion of the Operator.
g) The Client will conduct his business
in a way, which does not interfere with the Operator or any other client
of the Business Centre and will comply with all laws, permits, licensing
laws, taxes and any other requirements regulating the conduct of his
business.
h) The Client may not bring animals
into the centre or play loud music or use amplification equipment.
i) The Client may not mount name signs
or any type of advertising boards visible from outside his immediate
Accommodation.
j) The Client may not use the Accommodation
for any activities or actions that could be damaging to the Operator
which could lead to an increase in the insurance premiums to be paid
by the Operator.
k) The Client may not itself or by any
connected company or person offer or procures the offer of any employment
or hire of the employees of the Operator. This applies to the duration
of the Agreement and six months following its Termination. If the client
contravenes this provision, the Operator will be entitled to compensation
in the sum of the total remuneration of the employee(s) in question.
l) The Client will remain solely responsible
for the safety of its property and personnel and is responsible for
arranging contents and third party liability insurance for his equipment
and belongings and for his actions and the actions of his employees.
m) The Client shall defend, indemnify
and hold the Operator harmless from any and all claims, liability or
loss arising out of or incident to (i) any injury to or death of persons
occurring on or about the Accommodation, (ii) the provision of, or use
by the Client of any facilities (including occupancy of the premises)
or services hereunder.
n) The Client shall take such steps
as are necessary to comply with its health and safety obligations and
shall comply with such reasonable requirements of the Operator in the
management of the business centre generally as are necessary from time
to time.
o) The Client will use the premises
for general office purposes only and for no other purposes ( .e. retail
or a service open to the general public ), and will not use the premises
to provide services provided by Riverside Business Centre.
p) The Client shall vacate the Accommodation
on the day of expiry of this Agreement leaving the Accommodation in
the same condition it was found save fair wear and tear. The Operator
does not accept responsibility for any belongings of the Client left
in the Accommodation and has the right to dispose of such property.
q) Joint and Several Liability Should
the Client be more than one-person, all parties to the Agreement are
liable jointly and severally for all obligations arising from this agreement.
6. The Operator's Rights and Responsibilities
a) The Operator is responsible for:
- · General maintenance of the Business Centre and the Client's
Accommodation. · Cleaning of the entire Business Centre. ·
Adequate lighting during normal opening hours. · Maintenance,
checks and renewals of equipment in the Business Centre.
b) The Operator has the right to enter
the Client's Accommodation, upon reasonable notice, to inspect them,
undertake repairs and maintenance work and to show the Accommodation
to prospective clients.
c) The Operator will not be liable for
any loss sustained as a result of any mechanical breakdown, strike,
delay, or failure of any staff, manager or caretaker to perform their
duties unless acting with gross negligence and intent.
d) If the client cannot be given access
to the Accommodation or services temporarily, the Operator's liability
will be limited to forfeiting the Standard Facility Fee chargeable for
that period.
e) If the Operator is unable to deliver
possession, of any part of the Accommodation to be provided at the commencement
of the term, the Operator will not be liable for any resulting damage,
nor will he have to pay the Standard Facility Fee for that period concerned
and may withdraw from the Agreement.
a) This Agreement represents a contractual
agreement between the Client and the Operator for the provision of services
by the Operator to the Client. The Operator and the Client acknowledge
by their execution hereof that no tenancy or lease rights are created
in favour of the Client.
b) This Agreement is not assignable by the Client without the express
written permission of the Operator.
c) All notices by the client and the Operator to the other must be in
writing and delivered to an officer or authorised representative of
the party concerned or sent by registered mail to the respective address
shown overleaf.
d) The invalidity or un-enforceability of any provision herein will
not affect or impair the validity of any other provision. No waiver
of any default of the Client will be implied from any failure by the
Operator to take action with respect to such default.
e) This Agreement supersedes any prior
Agreement and embodies all the contractual stipulations between the
Client and the Operator relative to its subject matter.
f) Venue and Jurisdiction. This Agreement is interpreted and enforced
in accordance with The Laws of England.
g) No smoking is allowed in the Riverside Business Centre.
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