Terms and Conditions – Serviced Office

Duration

The office is offered on a monthly tenancy. Either party may end this agreement by giving one month’s written notice.

Rent

The rent per month shall be payable monthly in advance and will be debited from the Tenant’s nominated credit card or bank account on the first day of each month, and in respect of any broken period a pro-rata adjustment shall be made. A penalty fee of $10 will apply to rejected payments and interest may be charged at 5% above BBSY. Rent will be determined as per the base Weekly rate set out in Annexure A excluding Optional additions as set out in Annexure B and may be increased at the Landlord’s discretion with 30 days notice given of any change in rent.

Services

In the event that the Landlord or any business affiliated with the Landlord shall provide to the Tenant any services, the Landlord shall be entitled to charge the Tenant for those services in a subsequent monthly payment run as set our in Annexure B.

Security Deposit

The security deposit lodged by the Tenant under this Rental Agreement is lodged as security for the Landlord or his agent against default by the Tenant and as security for the Tenant’s liability for the Services. The Landlord shall be entitled to deduct from the security deposit any monies owed to the Landlord for the Services or apply the same towards the satisfaction of any amount that may be payable to the Landlord or to a third party in respect of this Rental Agreement for any reason. Neither the giving of the security deposit nor any deduction from it by the Landlord shall relieve the Tenant from any of its obligations under this Rental Agreement or act as a waiver of or otherwise limit the Landlord’s right to recover against the Tenant for any breach of this Rental Agreement. The Landlord shall be entitled to continue to hold the security deposit until all the obligations of the Tenant under this Rental Agreement have been satisfied. Subject to the above, the security deposit is refundable to the Tenant only after a written request has been made by the Tenant. Demand for refund cannot be made less than 30 days after the termination of this Rental Agreement and in any event not before the Tenant has complied with all its obligations under this Rental Agreement.

Use and Care of Premises

1 To take care of the Premises and to keep them in a clean condition.

2 To make no alterations or additions or install heavy equipment to the Premises without the written consent of the Landlord.

3 To ensure that nothing is done that might prejudice any insurance that the Landlord has in relation to the Premises.

4 To ensure that rubbish or waste matter is not accumulated on the Premises and ensure all refuse and rubbish is regularly removed.

5 Not to sleep overnight or permit to anyone to sleep on the Premises overnight.

6 Not to hold or permit to be held any sale by auction on the Premises.

7 Not to smoke in the office.

8 Not to use the Premises for any immoral or illegal purposes.

Equipment/Use

1 Not to use or permit to be used any communication or other equipment or machines by or for any other Tenant of the Landlord.

2 Not to divert or transfer any communications whether oral, or in written data in any form to any PABX telephone system or electronic receiving device owned by the Landlord or its agents, without the written consent of the Landlord.

Notice

Any written notice required or authorised by the Rental Agreement:

1 Shall be deemed to have been served on the Tenant if delivered to the Premises or posted to the last known address of the Tenant and in the latter case shall be deemed to have been served on the second working day after posting.

2 Shall be deemed to have been served on the Landlord only if hand delivered to the Landlord marked attention Property Manager

Termination

1 Unless your rental agreement provides for a minimum term the Landlord may terminate it by giving one month’s written notice to the Tenant.

2 The Landlord shall have the right to withhold Services (including incoming and outgoing telephone calls) and/or re-enter the Premises without prior notice and shall have a general lien on all property of the Tenant physically situated on any premises of the Landlord:

A. Where the Tenant has failed to pay for rent or services in accordance with this rental agreement: or

B. Where the Tenant has breached any term of the Rental Agreement and fails to remedy that breach within seven days of being requested by the Landlord to do so: or

C. Upon the Tenant being declared bankrupt or insolvent or making any assignment for the benefit of creditors or taking the benefit of any Act now or hereafter to be in force for the relief of bankrupts or insolvents.

3 The Tenant will be responsible for the Landlord’s reasonable costs in recovering any monies owed under this agreement.

4 The Tenant may remove their fixtures and signs provided that any damage or defacement occasioned to any part of the Premises in the course of such removal shall be remedied by the Tenant immediately and at their own expense. If he/she fails to do so the Landlord may do so at the Tenant’s expense.

5 Upon the termination or determination of the Rental Agreement for any cause the Tenant shall promptly and peacefully give vacant possession of the Premises in the condition and state of repair required under the section Use and Care of Premises of this Rental Agreement and at the same time hand over all keys and access cards.

6 At the time of termination a fee for restoration and make good of the premises will be invoiced and charged to the nominated credit card on file. Restoration will be carried out by the Landlord’s nominated contractors and personnel.  Rental for the time taken to restore/clean will be charged at the rate applicable immediately prior to vacation.

7 If the Tenant fails to demand the refund of the security deposit within 365 days after the date of termination of this Rental Agreement, the security deposit shall be deemed forfeited to the Landlord absolutely.

Parting with Possession

Not to assign or sub-let or part with possession of the Premises.

Services

1 To pay all charges for Services rendered by the Landlord to the Tenant at the rates stipulated by the Landlord from time to time.

2 Not to at any time directly, or indirectly through another business or affiliate, provide to any other Tenant of the Landlord any of the Services provided by the Landlord or by any company affiliated with the Landlord.

3 The Tenant must provide one month’s notice to the Landlord in writing to terminate monthly service rentals.

4 The Tenant acknowledges that the Landlord owns all telephone numbers and I.P. addresses allocated to the Tenant, and agrees that they are only made available to the Tenant while they have an Agreement with MP’s The Meeting Place.

5 The Landlord retains the right to not accept any excessively large, unreasonable or unlawful packages.

6 ADSL connection is available for unlimited access. MP’s The Meeting Place reserves the right to bar connection in the case of excessive or illegal use.

7 Telephone call charges will be invoiced in arrears and will appear on the monthly rental invoice as a service charge. A detailed call listing may be issued monthly upon request.

8 The MP’s The Meeting Place Reception Desk can receive approximately ten to 15 calls per day on behalf of each tenant. If the Receptionist answers more than 15 calls per day due to high volume or media response, his/her time will be allocated to you and billed at the end of the month. MP’s The Meeting Place Staff

1 The Tenant acknowledges that the Services will be shared with other Tenants of the Landlord.

2 Not to abuse or mistreat any persons employed by the Landlord or damage or mistreat any equipment provided by the Landlord as part of the Services.

Liability

To the maximum extent permitted under the law:

1 The Landlord, its related bodies corporate, their officers, employees, contractors and agents (“Landlord Parties”) shall not be liable for any theft, loss or damage from the Premises (being the suite(s) occupied by the Tenant) howsoever occurring or for any damage done to the furniture or other effects of any Tenant in the Premises by the caretaker or cleaners or any employees, agents or invitees of the Landlord.

2 The Landlord Parties shall not be liable for any loss, damage or loss of information resulting from communications or data failure including voice, communication and the Internet.

3 The Landlord Parties shall not be liable for any loss, damage, corruption of data or any loss of information whether from hardware, software or Internet damage that may occur to the Tenant during the term of this Agreement.

This clause “Liability” survives termination of this Agreement.

Repairs

To repair in a proper way any damage to the Premises and fixtures and fittings resulting from neglect, omission or a deliberate or careless act or a breach of any condition of the Rental Agreement by the Tenant or any person who enters or is upon the Premises with the consent or sufferance of the Tenant. If he/she fails to do so the Landlord may do so at the Tenant’s expense.

Invoices

Any invoice issued by the Landlord to the Tenant shall constitute a formal demand for payment. Any monies owing to the Landlord for more than twenty-one days shall bear an interest fee at the current National Australia Bank daily interest rate per month until payment is received. Notwithstanding payment of the outstanding fees and interest, MP’s The Meeting Place retains the right to terminate this Rental Agreement, under the terms and conditions of this Agreement.

Agreement to terms

By commencing a lease of Premises from the Landlord, you agree to be bound by these terms as amended from time to time.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

Breaches of These Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the website and/or contacting your internet service provider to request that they block your access to the Site.

Variation

We may revise these Terms of Use from time to time. Revised Terms of Use will apply to the use of our website from the date of publication of the revised Terms of Use on the Site.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/ or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of Third Party Rights

These Terms of Use are for the benefit of you and Us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of Our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia, and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.