Office Space Agreement
- The ‘Agreement’ means the eOffice Office Space Agreement;
- The ‘Provider’ means eOffice;
- The ‘Member’ means the signatory of the Agreement.
- The ‘Service(s)’ means any service/product selected by the Member
The Service(s) are offered to the Member conditional on their acceptance of the Terms & Conditions contained in the Agreement, as mutually agreed herein.
2.1 OFFICE SPACE
2.1.1 The Provider will permit the use of the Office Space together with such rights of access over the public areas as the Member reasonably requires to operate its business during business opening hours (which may change from time to time on reasonable notice, and taking into consideration the operation of the Member’s business) Monday to Friday (other than UK public and bank holidays).
18.104.22.168 The Provider may, on reasonable notice and following consultation with the Member and bearing in mind the operation of the Member’s business, assign the Member to any Office Space in the business centre.
2.1.2 The Provider will supply heating, lighting, cleaning and maintenance of the office space and the business centre. The Member automatically assigns its right to the provider to arrange and manage business rates assessments, payments and/or business rate relief.
2.1.3 The Provider will supply to the Member the use in common with others of equipment and those parts of the business centre intended by the Provider for use by the Member and others including the kitchen (if any) and communal areas.
2.1.4 On reasonable notice to the Provider, and in considering the Member’s operational business needs, the Member shall have access to the business centre 24/7. Visitors must be accompanied by the Member before and after reception normal hours and during weekend, bank and public holidays. Members enjoying this extended access will be given an entry access card or fob. This card/fob remains property of the Provider at all times. Notice of lost entry cards/fobs must be given immediately to the Provider and a handling / replacement fee will apply.
2.1.5 On moving in, the Member may be asked to sign an inventory of all Office Space, furniture and equipment permitted for use, together with a note of their condition and details of the cards/fobs or entry keys issued to the Member.
2.2. BUSINESS ADDRESS
2.2.1 The Member is entitled to use the Provider’s business address(es) as stated in the Agreement.
2.2.2 The Member warrants that it will not use any of the business address(es) for any obscene, illegal, immoral or defamatory purposes and will not in any way bring the Provider into disrepute.
2.2.3 The Member will not in any way use or combine the Provider’s name, in whole or in part, for the purpose of trading activities.
2.2.4 Mail will be handled according to instructions specified by the Member, and the
Member will be responsible for all resulting forwarding and service charges.
2.2.5 If the Provider has been instructed to forward mail, neither the Provider nor its agents shall be responsible for any delay or loss of mail during the forwarding process. The Provider 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.
2.2.6 The Provider will not accept any items exceeding 5kg in weight, 18 inches in any dimension or 1 cubic foot in volume, nor any item containing any dangerous, live or perishable goods. The Provider shall be entitled in its absolute discretion to return uncollected items or refuse to accept any quantity of items it considers to be unreasonable or unlawful.
2.2.7 In the event that the Provider receives more than 100 items of mail per month on behalf of the Member, the Member shall then pay a handling fee as per the current price list.
2.2.8 In case the Member is collecting its mail, mail collection by the Member shall happen between the hours of 8.30 AM to 5:30 PM weekdays (other than UK bank and public holidays).
2.2.9 At termination of this Agreement, the Member agrees that all mail thereafter will be marked by the Provider “Return to Sender,” and no further mail or deliveries will
2.2.10 The Member agrees to abide by all rules and regulations of the country. Any violation of regulations may result in termination of Services by the Provider and may subject the violator to fines or imprisonment.
2.2.11 In the event of any parcel, chattel, packet, or other object than mail addressed to the Member being delivered to the business centre, the Provider will bear no responsibility in the event of the Member or the sender failing to remove the same within one month of receiving notice from the Provider of receipt of such item.
2.3. TELEPHONE ANSWERING
2.3.1 The Provider will supply the Member with the option to have a dedicated telephone number, either with an automated or live answering service.
2.3.2 The Provider where required, shall forward calls to the Member at a single telephone number nominated by the Member and if required to up to 3 employees at an additional charge per employee. The Provider agrees to handle 100 incoming calls per month.
2.3.3 The transmission of messages shall be made between the hours of 8.30am and 5.30pm weekdays (other than UK bank and public holidays).
Messages shall be sent by email or SMS, depending on the option chosen by the Member. Messages cannot be held for collection.
2.3.4 The Provider will not be liable for any loss of messages sustained as a result of any breakdown, delay or failure of any staff, manager or caretaker to perform their duties.
2.3.5 The Provider will charge for call forwarding, message forwarding, extra lines, extra incoming calls, extra messages and forwarding fees to the Member, as per the Provider’s current price list.
2.3.6 The telephone number remains property of the Provider.
2.3.7 The Member or employee may alter the number, each has nominated, subject to at least 1 working day’s notice to the Provider. For any number altered more than once in any period of 7 days the Provider will charge an administration fee as per the current price list, for each additional number change.
If the Member requires additional lines (and the Provider consents to the same) a further monthly fee for each additional line shall be required.
2.4 MEETING, CONFERENCE ROOMS
2.4.1 The Provider entitles Members to hire meeting rooms and conference services by the day, half day or hour from the Provider and its affiliates.
2.4.2 Use of any facilities will be subject to: (i) availability of the facilities; (ii)
payment of all fees and charges incurred in reserving and/or using the facilities; and (iii) compliance with the Terms & Conditions and/or House Rules from time to time applicable to the facilities.
2.4.3 Unless otherwise agreed in writing, settlement of all fees and charges incurred in reserving and/or using the facilities is to be made by the Member prior to use and shall not be considered guaranteed until written confirmation has been provided by the Member.
2.4.4 Cancellations or changes received within 48 hours prior to the reserved date will be charged 100% of the total cost and 50% of the total cost when given sooner than 48 hours. Any cost incurred to third party suppliers (e.g. caterers or equipment suppliers) as a result of cancellation will be payable in full by the Member.
2.4.5 Reservations not made through the Provider are not guaranteed in any way and no pricing structure is guaranteed for reservations not made specifically with the Provider.
2.4.6 Notice from the Member to change or cancel an existing reservation must be made in writing and sent by email addressed to email@example.com.
2.5 EOFFICE YEARLY MEMBERSHIP
2.5.1 The eOffice Yearly Membership covers the Member’s initial set up to access the business centre, maintenance of the Members account and access to a network of international partners providers
2.5.2 The eOffice Yearlty Membership may only be used by the Member and is not transferable to third parties.
2.5.3 The eOffice Yearly Membership shall (subject to the Provider’s rights of determination in accordance with these Terms and Conditions) subsist for a minimum period of one year from the Commencement Date specified in the Agreement.
2.6 USE OF THE PROVIDER OTHER SERVICE
Any other services such as call/mail forwarding, printing, copying or internet broadband connection will be charged as per the Provider’s current rate.
2.7 MODIFICATIONS TO THE SERVICE
2.7.1 The Provider reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, on reasonable written notice to the Member at any time and is under no obligation to support or update the Service.
2.7.2 The amended Terms & Conditions shall be effective immediately after written notice to the Member or publication of the Terms & Conditions. The Member’s continued use of the Service after the posting of the amended Terms & Conditions on the Site constitutes:(a) acknowledgment of the Terms & Conditions and its modifications by the Member; and (b) agreement to abide and be bound by the Terms & Conditions, as amended.
2.7.3 The Member acknowledges and agrees that the Provider shall not be liable to the Member or any third party in event that the Provider exercises its right to modify or discontinue all or part of the Service.
2.7.4 The Provider reserves the right, in its sole discretion, to change user pricing upon 30 days’ notice.
3.1 The Member registration and set up fees (if applicable) and recurring monthly fees are payable in advance and are non-refundable.
3.2 The Member agrees that the Provider may submit charges for his monthly service fee each month, without further authorization from the Member, unless the Member provides prior notice that he has terminated this authorization or wishes to change his designated Service(s). Such notice will not affect charges submitted before the Provider could reasonably act on the Member notice. (Note: the Provider is under no obligation to contact the Member prior to charging the Member’s designated credit card for his recurring service fee.).
3.3 If the Member has any question regarding any charges that have been applied to his account, the Member must contact the Provider’s Customer Service Department within 30 days of the charge date.
3.4 Failure to use the Member account will not be deemed a basis for refusing to pay any charges submitted by the Provider in accordance with this Agreement.
3.5 Payment of the Member’s account balance and other applicable charges is due
in advance and in full on the 20th day (or such other day as we designate) of each month. The first proportionate payment for the services will be payable in full, as per clause 3.14 – Initial payment schedule.
3.6 Payment must be made by bank transfer, direct debit or credit card.
3.6.1 An administration fee of 1% will apply to all invoices issued.
3.6.2 The Provider reserves the right to waive administration fee if the Member chooses to make payments by direct debit or bank transfer provided payment is received on the due date.
3.7 The Member must promptly notify the Provider of changes to: (a) the account number or expiration date of the Member’s designated card; (b) The Member’s billing address; or (c) cancellation, theft or loss of the Member’s designated card.
3.8 Any payment received after the due date will be charged a late payment fee of
£50 (or £80 if the amount is above £1,000) as compensation, in addition to interest on the sum due at the base rate of the Bank of England + 12% per annum, calculated on a daily basis.
3.9. All banking charges will be borne by the Member.
3.10 The Member will be required to pay a service retainer upon entering into the Agreement. This will be held by the Provider as security for performance of all obligations under the Agreement. The Service retainer or any balance after deducting outstanding fees and other costs due to the Provider will be returned to the Member when its account is settled with the Provider. No return of Service retainer can be claimed 12 months after the date of expiration of the Agreement.
3.11 The Provider may require the Member to pay an increased Service retainer if outstanding fees exceed the initial Service retainer held and/or the Member frequently fails to pay the Provider when due.
3.12 In the event of the Member failing to discharge its liability to the Provider for the Services provided by the Provider within 7 days of such payment becoming due, the Provider shall be entitled (i) to retain any correspondence addressed to the Member and telephone messages intended for the Member until the Member makes the payment owing to the Provider (ii) to exclude the Member from further use of any services facilities and equipment until all outstanding sums are paid and (iii) forthwith to terminate this Agreement.
3.13 If the Member disputes any part of an invoice, the Member must pay the amount not in dispute by the due date or be subject to a late payment compensation fee. The Provider reserves the right to withhold Services while there are any outstanding fees and interest or the Member is in breach of this Agreement.
3.14 Initial payment schedule
3.14.1 The minimum initial payment for Office Space is: 1 month + the number of days remaining to the end of the 2nd calendar month (i.e. if the Agreement is signed on 15th March, the minimum payment is to 30th April).
3.14.3. Meeting and conference rooms usage fees are payable fully in arrears. The Provider will issue the Member with a monthly invoice for additional services accrued in the previous month. This will be based on the applicable Service price list except where Provider has negotiated prices for the Services individually with the Member.
3.15 Special offers. Every now and then the Provider may send special promotions and offers to its Members. Unless otherwise agreed in writing these offers, once accepted, are strictly not refundable.
4. PROVIDER’S RIGHT & RESPONSIBILITIES
4.1. The Provider may without notice suspend the provision of Services (including access to the business centre) for reasons of political unrest, strikes, or other events beyond its reasonable control.
4.2. The Provider is not liable for any loss as a result of failure to provide a service as a result of mechanical breakdown, strike, delay, failure of staff, termination of its interest in the building containing the business centre or otherwise, unless it does so deliberately or through gross negligence.
4.3 The Provider is also not liable for any failure until the Member has informed the Provider and given reasonable time for rectification. The Member agrees that the Provider will not be liable for any loss, damage or claim which arises as a result of, or in connection with, this Agreement and/or the use of the Services except to the extent that such loss, damage, expense or claim is directly attributable to its deliberate act or its gross negligence.
4.4 The Provider will not in any circumstances be liable for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss.
4.5 The Provider strongly advises the Member to insure against all such potential loss, damage, expense or liability.
4.6 Unless there is an emergency, the Provider will give reasonable notice to the Member in advance when it needs to carry out testing, repair or works other than routine inspection, cleaning and maintenance.
4.7 The Provider will use all reasonable endeavors to ensure accurate and expeditious handling of communications for the Member, but no responsibility shall attach to the Provider or its staff or agents for any injuries, damage or loss howsoever arising or to whomsoever caused.
4.8 The Provider shall have no liability to the Member in respect of any act, omission, neglect, delay or default by any of the Provider’s staff or agents whether in contract or in tort.
4.9 Provided that reasonable written notice is given, and following consultation with the Member and considering the operational business requirements of the Member, the Provider reserves the right to relocate the Member at any time during the term of this Agreement, to an alternative space that is the same size as or bigger than its current Office Space in the business centre.
5 MEMBER’S RIGHTS AND RESPONSIBILITIES
5.1 The Member shall be entitled to receive the Services subject to the Agreement and these Terms & Conditions
5.2 The Member must only carry on business in the name specified on the
Agreement unless the Member provides prior written notice of a change of name.
5.3 The eOffice brand and logo are registered Trade Marks of the Provider. Members may not use the eOffice logo, brand or images in any document or publication, including the internet and in any way in connection with his/her business, unless previously agreed in writing with the Provider.
5.4 The Member must only use the business centre for office purposes, and only for the business stated in the Agreement or subsequently agreed with the Provider.
5.5 The Member will not carry on any business which could be construed by the Provider as illegal, defamatory, immoral or obscene and will not use the business centre whether directly or indirectly for any such purpose.
5.6 The Member must not carry on a business which involves frequent visits by members of the public or which competes with the Provider business.
5.7 The Member must not put up any signs on any part of the office space or business centre unless previously agreed with the Provider.
5.8 The Member may use the address of the business centre as its business address, but not as the Registered Office of its business, unless previously agreed with the Provider, and in this case there will be a further charge as per the current price list.
5.9 The Member will not be allowed to use the business centre outside of normal business hours unless specifically authorized in writing by the Provider.
5.10 The Member’s obligations are to pay the stipulated fee and the costs of all other Services provided on the due dates and to perform all of the obligations on the part of the Member contained in the Agreement.
5.11 The Member will fully indemnify the Provider against any expenses, costs, claims, damages or penalties incurred by the Provider in connection with this Agreement howsoever occasioned.
5.12 The Member will not send or deliver or cause to be sent or delivered to the
Location any noxious, harmful, dangerous, live, perishable or bulky objects.
5.13 It is the Member’s responsibility to arrange insurance for its own property, brought into the business centre and for its own liability for employees and to third parties.
5.14 While the Agreement is in force and for six months after it ends, the Member must not solicit or offer employment to any of the Provider’s staff. If the Member does so, the Provider estimates its loss at the equivalent of one year’s salary for each of the employees concerned and the Member must pay the Provider damages equal to that amount.
5.15 When the Member makes use of the Provider’s Office Space and meeting rooms the Member agrees that:
5.15.1 Such Office Space and meeting rooms shall be used for general office purposes only.
5.15.2 The Member shall maintain the Office Space and meeting rooms in their existing condition and shall notify the Provider immediately of any damage caused by the Member and the Member’s employees and visitors.
5.15.3 The Member shall be liable for all damage caused by the Member and the
Member’s employees and visitors.
5.16 The common areas of the business centre will only be used in such a way as to have regard to the rights and interests of other users.
5.17 The Member must take good care of all parts of the business centre, its equipment, fittings and furnishings. The Member must not alter any part of it. The Member is liable for any damage caused by the Member or those in the business centre with its permission or invitation.
5.18 The Member must not install any furniture or office equipment, cabling, IT or telecoms connections without the Provider consent, which it may withhold at its absolute discretion.
5.19 Any keys, fobs, or entry cards issued to the Member remain the Provider’s property at all times. The Member must not copy them or allow anyone else to use them without the Provider consent. Any loss must be reported to the Provider immediately and the Member must pay the cost of replacement keys or cards and of changing locks, if required.
5.20 The Member agrees to comply with the procedures and regulations which the Provider imposes generally on users of the business centre for health and safety and other reasons. It is the Member’s responsibility to ensure that everyone in the business centre with its permission or invitation also complies with these House Rules.
5.21 The Member must at all times respect the privacy and convenience of others using the business centre. The Member agrees not to do anything that will cause any nuisance or annoyance, that will interfere in any way with the use of the business centre, that will increase the insurance premiums that the Provider has to pay, or cause loss or damage to the Provider or to the owner of any interest in the building which contains the business centre.
5.22 The Member must supply copies of at least 2 documents of personal identification, to be chosen from: passport, ID with photo, driving license with photo, utility bill. Failure to present the required copies of these documents within 14 days from signing the Agreement may result in the Agreement being terminated and initial payment retained.
5.23 All electrical appliances brought by the Member to eOffice business centres must be PAT tested ensuring they are safe to use in the Office Space. The Provider reserves the right to removing from the Office Space all electrical appliances that have not been tested properly.
6 DURATION AND TERMINATION
6.1 This Agreement lasts for the period stated in the Agreement and will be extended automatically for successive periods equal to the initial term but no less than 3 months (or such other renewal term that has been agreed between the Provider and the Member) until brought to an end by the Member or the Provider.
6.2 Standard duration and termination Terms & Conditions
6.2.1 The Provider may terminate this Agreement immediately by giving notice to the
22.214.171.124 The Member becomes insolvent, goes into liquidation or becomes unable to pay the outstanding debts to the Provider when due;
126.96.36.199 The Member is in breach of one of its obligations under this Agreement which cannot be put right or which the Provider has given notice to put right and which the Member has failed to put right within 7 days of that notice; or
188.8.131.52 The Member’s conduct or that of someone at the business centre with the Member’s permission or at its invitation, is incompatible with ordinary office use or does not comply with the House Rules.
6.2.2 If the Provider is no longer able to provide business accommodation and services at the business centre stated in the Agreement, then the Agreement will end and the Member will only have to pay fees up to the date it ends and for the
additional services used. The Provider will try to find suitable alternative business accommodation for the Member at another provider business centre and accepts no liability if it is not able to find an alternative service provider.
6.2.3 If the Provider ends this Agreement for any of the reasons in 6.2.1. (the standard termination Terms & Conditions), it does not put an end to any outstanding obligation the Member may have and the Member must: pay for additional services used, and pay the service fees for the remainder of the term for which the Agreement would have lasted, had the Provider not ended it, and indemnify the Provider against all costs and losses incurred as a result of the termination.
6.2.4 Notice can be given at any time by the Member after the minimum term specified in this Agreement. Notice will be effective from the first day of the following month and will last for the duration agreed in the contract.
6.2.5 When the Agreement ends, it will be the Member’s responsibility to notify people that the Member is no longer using the address of the business centre. The Provider may return to sender, any mail which arrives at the business centre. The Member agrees that the Provider will have no responsibility to the Member in respect of any such mail.
6.3 Duration and termination Terms & Conditions applicable to the Office Space Service
6.3.1 If the Agreement doesn’t have a specific termination notice, the Agreement can be brought to an end by the Member or the Provider at the end date stated in it or at the end of any extension or renewal period by giving at least 3 months written notice to the other. However if the Member’s Agreement, extension or renewal is for 3 months or less and either the Member or the Provider wishes to terminate it, the notice period is 2 months, or if shorter 1 week less than the period stated in this Agreement.
6.3.2 The Agreement lasts from the period stated in it and will then automatically be extended for successive periods equal to the initial term but no less than 3 months (or such other renewal term as has been agreed between us) until brought to an end by the Member or by the Provider.
6.3.3 When the Agreement ends the Member must vacate the office space immediately, leaving it in the same condition as it was at the commencement of this Agreement, save for fair wear and tear. A flat fee of £100/desk will be required to cover re-identifying the Office Space upon your departure. The Member will be automatically entered into a Business Address Agreement with the Provider on the Provider standard Terms & Conditions at the time of the Agreement for a period of 3 months. This Business Address Agreement endeavors to provide business continuity for the Member as it ensures that the Provider can effectively manage the transition period.
6.4 Duration and termination Terms & Conditions applicable to the eOffice Yearly Membership. The Agreement shall (subject to the Provider’s rights of determination in accordance with these Terms & Conditions) subsist for a minimum period of one year from the commencement date specified in the Agreement. The eOffice Yearly Membership will be automatically renewed at each yearly interval from the commencement date, for additional periods of 12 months, in accordance with the Agreement.
7 PROVIDER’S LIMITATION OF LIABILITY
7.1 The Member acknowledges that due to the imperfect nature of verbal, written and electronic communications, the Provider is not responsible for the negligence and/or failure to furnish any Service, including but not limited to the Service of conveying messages, communication and other utility or Services or any of its affiliates, landlord, suppliers and any of their respective officers, directors, employee, partners, agents and representatives. The Member’s sole remedy and Provider’s sole obligation for any failure to render any Service, any error or omission, or any delay or interruption of any Service, is limited to an adjustment to the Member’s bill in an amount equal to the charge for such Service for the period during which the failure, delay or interruption continues.
7.2 With the sole exception of the remedy described above, the Memberexpressly and specifically agrees to waive, and agrees not to make, any claim for damages, direct or consequential, including with respect to lost business or profits, arising out of any failure to furnish any Service, any error or omission with respect there to, or any delay or interruption of Services. The business centre disclaims any warranty of merchantability or fitness for a particular purpose.
8 LICENCE AGREEMENT
The Provider and the Member acknowledge that this Agreement is not a lease and does not at any time constitute or create any tenancy, tenancy interest, leasehold estate or any other interest in real property. It is a contractual arrangement that creates a revocable license.
The Provider retains legal possession and control of the building. The Provider’s obligation to provide the Member with Office Space and Services is subject to the terms of the Provider’s lease with the building. This Agreement terminates simultaneously with the termination of the Provider’s master lease or the termination of the operation of the Provider for any reason. As the Provider’s Member, the Member does not have any rights under the Provider’s lease with the Provider’s landlord. When this Agreement is terminated because the term
has expired or otherwise, the Member’s license to occupy the Office Space is revoked. The Member agrees to remove their personal property and leave the Office Space as of the date of termination. The Provider is not responsible for property left in the office after termination.
9 DAMAGE AND INSURANCE
9.1 The Member is responsible for any damage the Member causes to the Provider or Member’s office space(s) beyond normal wear and tear. With the provision of reasonable advance notice to the Member, the Provider has the right to inspect the condition of the Office Space and make any necessary repairs.
9.2 The Member is responsible for insuring their personal property against all risks. The Member has the risk of loss with respect to any of their personal property. The Member agrees to waive any right of recovery against the Provider, its directors, officers and employees for any damage or loss to the Member’s property under their control. All property in the Member’s Office Space(s) is understood to be under the Member’s control.
10.1 Any notice given by either party shall be made in writing and shall be deemed sufficiently served (i) in the case of notice to the Provider at the business centre or such other addresses or shall have been notified by the Provider for the receipt of notices and (ii) in the case of notice to the Member at the addresses indicated in the Agreement or such other addresses have been notified by the Member to the Provider for the receipt of notices, including at the email address of the Member.
10.2 Any notice sent by post should be deemed received by the addressee in the normal course of posting.
10.3 All formal notices must be in writing and will be considered given to the Provider if delivered personally to the Provider at the business centre, or sent by courier or
first class post to its Registered Office address or to the address indicated in the
Agreement or sent my email to firstname.lastname@example.org.
10.4 The terms of the Agreement are confidential. Neither party must disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues for 1 year after the Agreement ends.
10.5 Except where we are grossly negligent, the Member must indemnify the Provider in respect of all liability, claims, damages, losses and expenses which may arise,
10.5.1 if someone dies or is injured in the Office Space in use;
10.5.2 from a third party in respect of the use of the business centre and the Services;
10.5.3 If the Member does not comply with the Terms & Conditions of the Agreement.
10.6 The Member must also pay any costs, including reasonable legal fees, which the Provider incurs in enforcing the Agreement.
10.7 The Agreement is personal to the Member and is not capable of assignment.
10.8 The Provider may transfer the benefit of the Agreement and its obligations under it at any time.
10.9 By signing up for The Service(s), the Member agrees to receive email updates and communication via The Provider‘s newsletter.