- TERMS OF BUSINESS
Maitland Serviced Offices Pty Ltd ACN 107 713 600 located at Suite 2, Level 1, 14 Bulwer Street, Maitland (herein called M.S.O) trading as Maitland Business Central AND you, the Licensee agree on the Fee paid to M.S.O. for the term of this Agreement under the following conditions.
- STANDARD SERVICES
We will provide the number of offices for which you have agreed to pay in the Agreement.
- DURATION & TERMINATION
Your Agreement lasts for the period stated and will then automatically be extended month to month under the same terms and conditions as are provided by this agreement. Your Agreement will be reviewed annually. This agreement may be terminated by either party hereto after the expiration of the term. Should the Agreement go into holdover, this Agreement can be cancelled by not less than one (1) months’ notice in writing. Should the Licensee be in breach of any of the conditions, M.S.O. may by notice in writing terminate the agreement and require the Licensee to vacate within seven (7) days.
- SERVICED OFFICE USE
You may at any time have as many employees working in your office suite as noted in this Agreement. If you exceed this number for more than one day per week on a monthly basis, an additional fee will be charged at $100/person/month to cover services and amenities.
- THE NATURE OF YOUR BUSINESS
You must only use the accommodation for office purposes, and only for the business stated in your Agreement. You agree to use the office for the agreed purpose and will all times conduct yourself (along with your staff or visitors) in a courteous and professional manner. You will at all times ensure that the office is maintained in a tidy and professional manner. You agree that the premise is a no smoking area.
- TAKING CARE OF OUR PROPERTY
You must take good care of all parts of office suite, its equipment, fittings and furnishings which you use. You must not alter any part of it. You are liable for any damage caused by you or those in the business center with your permission or at your invitation.
You acknowledge that cleaning staff will have access to the office on a regular basis and that you will be responsible to keep secure all documents of confidential nature.
It is your responsibility to arrange insurance for your own property which you bring into the business center and for your own liability to your employees and to third parties.
- ACCESS TO YOUR OFFICE SUITE
You agree that we can enter your office suite at any time. However, unless there is an emergency we will as a matter of courtesy try to inform you in advance when we need access to carry out testing, repair or works other than routine inspection, cleaning, and maintenance. We will respect your privacy and the confidentiality of your business.
- AT THE START OF YOUR AGREEMENT
If for any reason we cannot provide the office suite(s) stated in your Agreement by the date when your Agreement is due to start we have no liability to you for any loss or damages but you may cancel the Agreement without penalty. We will not charge you the standard fee for offices you cannot use until they become available.
- SUSPENSION OF SERVICES
We may by notice suspend the provision of services (including access to the business center) for reasons of political unrest, strikes, or other events beyond our reasonable control, in which case, payment of the standard fee will also be suspended for the same period.
- IT SUPPORT
Initial IT set-up is provided. Any other IT support thereafter will be charged at $80.00/hour. This does not include MSO-wide IT issues.
- IF THE BUSINESS CENTRE IS NOT AVAILABLE
In the unlikely event that we are no longer able to provide the services at MSO as stated in your Agreement then your Agreement will end and you will only have to pay standard fees up to the date it ends and for the additional services you have used.
- KEYS AND SECURITY
Any keys which we issue to you, remain our property at all times. You must not make any copies of them or allow anyone else to use them without our consent. Any loss must be reported to us immediately and you must pay the cost of replacement keys and / or changing locks, if required. If you are permitted to use the business center outside normal working hours it is your responsibility to lock the doors to your accommodation and to the business center when you leave. A refundable deposit of $100/key will be required at time of issue.
- OUR LIABILITY
We are not liable for any loss as a result of our failure to provide a service as a result of mechanical breakdown, strike, delay, failure of team, termination of our interest in the building containing the business center or otherwise unless we do so deliberately or are grossly negligent. We are also not liable for any failure until you have informed us about it in writing and given us a reasonable time to put right. You agree (a) that we will not have any liability for any loss, damage or claim which arises as a result of, or in connection with, your Agreement and/or your use of the services except to the extent that such loss, damage, expense or claim is directly attributable to our deliberate act or our gross negligence (our liability).
We will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss. We strongly advise you to insure against all such potential loss, damage expense or liability. We ask that you provide us with a copy of your Public Liability Insurance Certificate for us to have on file.
You must indemnify us in respect of all liability, claims, damages, loss and expenses which may arise (except to the extent caused by our gross negligence or wilful misconduct) including: a) If someone dies or is injured while in the accommodation you are using; b) From a third party in respect of your use of the business center and the services and c) If you do not comply with the terms of your Agreement.
You must also pay any cost, including reasonable legal fees, which we incur in enforcing your Agreement.
- ENDING YOUR AGREEMENT
We may put an end to your Agreement immediately by giving you notice if: you become insolvent, go into liquidation or become unable to pay your debts as they fall due; you are in breach of one of your obligations which cannot be put right or which we have given you notice to put right and which you have failed to put right within fourteen days of that notice, or your conduct is incompatible with ordinary office use. If we put an end to the Agreement for any of these reasons it does not put an end to any outstanding obligations you may have and you must: a) pay for additional services you have used; b) pay the standard fee for the remainder of the period for which your Agreement would have lasted had we not ended it, or (if longer) for a further period of three months, and c) indemnify us against all costs and losses we incur as a result of the termination.
- APPLICABLE LAW
Your Agreement is interpreted and enforced in accordance with the laws of New South Wales. We both accept the exclusive jurisdiction of the courts of New South Wales
- ANNUAL INCREASE
We will increase your current standard service fee on annually by a minimum of 4%. This will only apply to Agreements that have an original start and end date constituting more than a 6-month term.
All payments will be transferred via Electronic Funds Transfer (EFT) monthly by you. The fee shall be paid monthly in advance. The charges shall be paid within 14 days of receipt of invoice from M.S.O.
MBC Uses a cloud-based phone system powered by Vxt to manage incoming and outgoing phone calls. Should you require your business calls to be answered in your business name by MSO, we will arrange for a diversion of your phone or mobile number to be diverted to our phone system. All diversion charges will be paid by you.
If your use of the provided internet connection negatively impacts the current infrastructure and clients, another solution will need to be investigated for you. If you have specific requirements that are not able to be met by M.S.O., you will need to provide this at your own expense.
Air conditioning shall be available between the hours of 7.00 am and 7.00 pm.
- INTERNET SERVICE
We do not make any representations as to the security of our network (or the Internet) or of any information that you place on it. You should adopt whatever security measures (such as encryption) you believe are appropriate to your circumstances.
We cannot guarantee that a particular degree of availability will be attained in connection with your use of the services. You hereby warrant to us that our provision of these services to you will not infringe the rights of any third party.
The terms of your Agreement are confidential. Neither of us may disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues after your Agreement ends.
Please note, you will be required to provide a Certificate of Insurance for Public Indemnity when signing your Agreement.