Service provided by The Executive Centre (Our space partner)
TERMS AND CONDITIONS
1. FACILITIES AND SERVICES
i. In consideration of the payment by the Member of the Monthly Plan Fee specified overleaf, TEC permits the Member to use the Plan Inclusions and Services governed and defined by this Agreement from the Commencement Date until terminated in accordance with the provisions of this Agreement.
ii. TEC shall provide the Member with the subscribed Plans ("Plan Inclusions") specified overleaf:
(a) Business Address Plan entitles the Member to the right to use TEC's business address under the Member's name detailed on the front of this agreement for the Member's company stationery and marketing collateral, collection of mail by TEC to be held for Member's collection and complimentary email notification of mail and courier.
(b) Call Handling entitles the Member to a local telephone number provided by TEC, personalised telephone answering during normal opening hours of the Premises, 24 hour access to voicemail, free facsimile number including complimentary email forwarding and local call forwarding.
(b) Business Address and Call Handling entitles the Member to all the Plan Inclusions detailed in sections 1.ii.(a) and b) Call Handling entitles the Member to a local telephone number provided by TEC, personalised telephone answering during normal opening hours of the Premises, 24 hour access to voicemail, free facsimile number including complimentary email forwarding and local call forwarding.
iii. A range of other pay-as-you-use services ("Services") provided by TEC or suppliers of TEC shall be available to the Member at rates stipulated within TEC's price guides. In the event that TEC or any business affiliate of TEC provides the Member a Service, TEC shall charge the Member at the stipulated rate detailed within TEC's price guides. TEC reserves the right to review, add or change the prices within the price guides by giving 1 month notice to the Member.
2. SIGN UP AND BILLING
(a) The Member is required to provide at least 1 form of valid photo ID and proof of address. TEC reserves the right, at its absolute discretion, to terminate the plan if the documentation is not received or TEC at its sole discretion suspects the documentation is not genuine.
(b) Where relevant, members who select to pay invoices by credit card irrevocably authorises TEC, on the invoice due date, to deduct from the Member's credit card the Plan Fee plus any relevant taxes payable in advance and all Services billed in arrears. In respect of any partial period, a pro-rata adjustment shall be made.
(c) Members who select to pay by cheque or bank transfer shall for the duration of this Agreement pay by the due date on the Invoice the Plan Fee payable in advance and all Services billed in arrears. In respect of any partial period, a pro-rata adjustment shall be made.
(d) Payment is due 7 days from the invoice issue date. Should payment not be received 14 days from the invoice issue date, an administrative fee of AUD100 and interest at the rate of 3% referred to as "Penalties" per month will apply on the overdue balance until payment has been received by TEC.
(e) In the event that the Member does not pay within 14 day(s) from the invoice issue date the total amount as stated on an invoice TEC shall be entitled to:
I. Suspend partial or all services provided by TEC to the Member including, but not limited to telephone and mail service.
II. Block Member access to any coworking, meeting room or printing entitlements, plus any dedicated storage and change appropriate locks without prior notice
III. Vacate any dedicated storage
IV. Claim all costs including legal fees associated with recovering all monies owed to TEC from the Member.
V. Charge a reactivation fee of AUD100 plus taxes where appropriate
(f) The suspended service will be resumed upon the receipt of all outstanding amount.
(g) The Member shall pay the total amount stated on the invoice to TEC without any deduction or set off whatsoever.
(h) The Member shall pay for all bank charges, exchange rate differences, currency adjustments and other such charges related to the Plan Fee and Penalties.
(a) Where applicable, the Member shall pay to TEC the Deposit upon the signing of the Agreement and at most no later than 5 business days. The Deposit shall be returned to the Member within 60 days after the End Date of this Agreement with Member bank details, provided that the Member has complied with its obligations under this Agreement and subject to the deduction of an amount in respect of outstanding Invoices and Penalties according to TEC. TEC shall have the right to terminate this Agreement until the Deposit is received.
(b) Neither the giving of the Deposit nor any deduction from it by TEC shall relieve the Member from any of its obligations under this Agreement nor otherwise limit the right of TEC to recover against the Member for any breach of this Agreement found during or after the End Date of this agreement.
(c) TEC has a full right to the Deposit with regard to a breach of this Agreement by the Member. In the event of any withdrawal from the Deposit by TEC due to default from the Member, the Member shall replace any such sum withdrawn within 14 days of being notified of such withdrawal.
(d) If the Member fails to provide sufficient information to return the Deposit within 360 days after the End Date of this Agreement, the Deposit shall be deemed forfeited to TEC without any Member approval or notification.
Any amount payable by the Member under this Agreement will be exclusive of local taxes including, but not limited to goods and services tax. If any supply made by TEC under this Agreement is a taxable supply, TEC must provide the Member with a valid invoice usable for taxation purposes and the Member must pay an additional amount to TEC which is equal to the consideration payable by the Member for relevant supply multiplied by the prevailing local tax rate. This includes taxes, stamp duties or other documentary fees.
Termination of this Agreement will be subject to the following terms:
(a) This Agreement will automatically renew on a monthly rolling basis following the end date. Agreements may be ended on the last day of any calendar month by providing written notice by the last business day of the month prior. E.g. if you want your service to end on 31st October, written notice must be received by the last working day of September. TEC offers no exceptions to this rule.
(b) The Member will be released from its obligations under this Agreement and allowed to terminate prior to the End Date of this Agreement subject to the Member paying TEC the full Plan Fee for the unexpired term together with all other outstanding invoices and penalties (if any). Upon settlement of these terms received by TEC, the Deposit will then directly be refunded to the Member.
(c) This Agreement may be terminated forthwith in the event of any breach of the obligations on the part of the Member. TEC shall be entitled (but not obliged) to retain any personal effects or other belongings of the Member until all arrears owed to TEC have been paid or other loss made good. In the event of non-payment within 14 days, TEC shall be entitled to dispose of any goods retained in settlement of any arrears and any cost of such disposal.
(d) If the Member terminates its Virtual Office subscription, the Member must return all keys (if any) and other means of access to the Centre, cease to use TEC's address on all of its company documents, business registration, and marketing materials; and deregister the office address in the Government, Bureau and other government agencies. TEC reserves the right to continue billing the Member at listed plan rates plus 50% for each month that the Member continues to utilize TEC's information on said documents and materials beyond the End Date of this Agreement, and to litigate if it deems appropriate. If the Member does not complete the deregistration, TEC is entitled to take other means to deregister the address as well as charging the Member, and the resulting cost should be borne by the Member. In the event the Member has lost any keys or access cards to the Centre, the Member must pay the replacement fee of such lost items.
The Member shall have 14 days to dispute a charge from the invoice due date. TEC will only provide a refund in the event that an incorrect amount has been charged to the Member.
7. MEMBER'S RIGHTS AND RESPONSIBILITIES The Member shall not:
(a) Impede or interfere with TEC's right of possession and control of the Centre.
(b) Use the Centre otherwise than for the Member's business and in any event shall not permit the Centre, Plan Inclusions or Services provided to be used for any illegal activity.
(c) Interfere with the conduct of TEC' s business and during the term of this Agreement and for 6 months thereafter shall not offer employment to or hire directly or indirectly any staff of TEC. If the Member employs directly or indirectly any member of TEC's staff during such period, the Member shall pay to TEC within seven (7) days of the said member of staff commencing his or her new employment a recruitment fee equal to 25% of the said first year gross salary or hire costs including guaranteed bonuses or benefits.
(d) By way of commission payable to TEC by the Member, the Member agrees that, in the event that the Member entices, convinces or otherwise causes an existing Member of TEC to vacate the Premises, to pay to TEC a commission equal to 12-month's rental of the company that has been enticed or convinced to vacate the Premises.
(e) In the event the Member damage any of the decorations, fixtures and fittings or other equipment in the Centre. TEC shall have the right to claim from the Member the cost of repairing such damage
The Member shall:
(a) Observe and adhere to all the rules and regulations updated from time to time made by TEC for the management of the Centre.
(b) Give written notice to TEC in the event that there are material changes in the address, name, trade name, representative directors or other matters registered on the commercial registry, etc., or any other matters relating to the status of the Member and other important changes related to this Agreement.
8. OWNER'S RIGHTS AND RESPONSIBILITIES TEC shall:
(a) Keep the facilities in the Centre in working order and properly cleaned and equipped
(b) Have the ultimate right to remove the Member from the Centre.
(c) Provide the Member with an alternative centre should TEC require the Member to move during the term or subsequent terms of this Agreement.
(d) Provide reception, switchboard and other Services during normal business operating hours, Monday to Friday, plus Saturday (where relevant); excluding official public holidays. Subject to TEC's discretion, which will be communicated to all members well in advance
(a) TEC shall not be under liability for failure to have any of the Centre facilities available for the Member because of use by any other person within the Centre and TEC shall not be liable to the Member if for any temporary reason the Member is unable to obtain access to the Centre.
(b) TEC is not responsible for the theft of or damage to any equipment, chattels or goods whilst the Member is a tenant of TEC.
(c) The Member shall not be entitled to any compensation as a result of any failure of data security or computer systems or as a result of TEC failing to provide any of the Plan Inclusions or Services in accordance with this Agreement as a result of any breakdown or strike or delay or failure of any staff, manager or caretaker to perform their duties.
(d) The Member shall indemnify TEC and its respective officers, employees and agents, from all claims, liability, or loss, and all damages and costs incurred by TEC which arise from the use of the Plan Inclusions or Services. The Member shall be required to maintain sufficient public liability insurance to cover such potential liability.
(a) This Agreement is personal and is not assignable.
(b) All notices must be in writing or email. Notices to either party will be considered served if mailed by registered post or by email to the address or emails specified overleaf
(c) The invalidity or unenforceability of any provision of this Agreement shall not affect or impair the validity of any other provision. No waiver of any default of the Member shall be implied from any failure by TEC to take action with respect to such default.
(d) Where the Member comprises more than one individual, such individuals shall be jointly and severally liable to observe and perform the Member's obligations under this Agreement.
(e) This Agreement supersedes any prior agreements and embodies the entire Agreement between the Member and TEC and may not be modified, changed or altered in any way except as agreed by both parties in writing. This Agreement shall be interpreted and enforced in accordance with the national and local laws in which the Centre is located.
(f) Membership is non-transferrable to other parties or individuals, without the express permission of The Executive Centre.