MANAGED OFFICE AGREEMENT
BETWEEN
__________, __________, of __________ (the "Provider")
AND
__________, __________, of __________ (the "Client")
The Provider and the Client are each a "Party" and together the "Parties".
RECITALS
A. The Provider operates serviced and managed offices and is entitled to provide the Office described below to the Client.
B. The Client wants an office, fitted out and run by the Provider, for its business, and the Provider has agreed to provide it for a monthly fee on the terms of this Agreement.
NOW THIS AGREEMENT WITNESSES as follows.
- 1. SERVICES AND SPACE
1.4 The Provider runs the Office: it shall keep it clean, safe, insured and in good working order, and shall manage its own staff and contractors. The Client shall not be responsible for them.
- 2. TERM AND LOCK-IN
- 3. FEE, GST AND DEPOSIT
3.3 All sums under this Agreement are exclusive of GST, which the Client shall pay in addition at the rate in force, against a valid tax invoice. Any other tax on the services is also payable by the Client.
3.5 If the Client delays payment, the Provider may, after seven days' written notice, suspend the services other than access to the Client's own property until the sum is paid.
- 4. SERVICE LEVELS
4.3 The Provider is not responsible for a failure caused by something outside its reasonable control, such as a public power or telecom outage, provided it uses its backup arrangements and restores service as soon as it reasonably can.
- 5. CLIENT'S USE AND PROPERTY
5.1 The Client shall use the Office only for the permitted use, obey the house rules the Provider reasonably gives in writing, keep to the building's fire and safety rules, and not do anything illegal, hazardous or a nuisance to others. The Client shall not sub-let the Office or let others use it for their own business.
5.2 The Client's equipment, documents and data stay the Client's property and are kept at the Client's risk. The Client shall insure them as it thinks fit. The Provider shall not read, copy or use the Client's data except as needed to provide the services, and shall keep the Client's business information confidential during and after this Agreement.
5.3 The Client shall pay for any damage to the Office or its fittings caused by the Client, its staff or its visitors, beyond ordinary wear.
- 6. NATURE OF THIS AGREEMENT
6.1 This is an agreement for services and a licence to use the Office while the services run. It does not create a tenancy or lease, and gives the Client no exclusive possession of, or interest in, the building or land. The Provider keeps control of the Office and may enter it at reasonable times, with notice except in an emergency, to provide the services, inspect or repair.
6.2 The Provider confirms that it owns the building or holds a valid lease or licence that allows it to provide the Office to the Client, and that it holds the trade, fire and other permissions needed to run a managed office there. It shall keep them in force during the term.
- 7. TERMINATION
7.1 Either Party may end this Agreement at once by written notice if the other commits a serious breach and, where it can be put right, does not put it right within fifteen days of written notice, or if the other becomes insolvent. The Provider may also end it if the Client does not pay a sum due within fifteen days of a written reminder.
7.2 On the end of this Agreement the Client shall remove its property and return the Office, keys and access cards in the condition received, ordinary wear excepted, and the Provider shall return the Client's property and data. Sums accrued up to that date remain payable.
- 8. LIABILITY
8.1 Neither Party is liable to the other for loss of profit or any indirect or consequential loss. Subject to that, the Provider's total liability for any claim arising out of this Agreement is limited to the fees paid or payable for the twelve months before the claim arose. Neither limit applies to death or personal injury caused by negligence, or to fraud.
- 9. NOTICES, DISPUTES AND STAMP DUTY
9.1 Any notice under this Agreement shall be in writing and delivered by hand, registered post, speed post or courier to the address of the receiving Party stated at the head of this Agreement (or any changed address notified in writing), or by email where the Parties have agreed an email address in writing. A notice is treated as received on delivery or, if posted, on the fifth day after posting.
- 10. GENERAL
10.1 This Agreement is the whole agreement between the Parties on its subject and replaces every earlier discussion or understanding about it.
10.2 No change to this Agreement is effective unless it is in writing and signed by both Parties.
10.3 A Party's failure or delay in enforcing this Agreement is not a waiver. If any provision is held invalid or unenforceable, the rest of this Agreement continues in force.
FOR THE PROVIDER
__________
Signature: ______________________________
Date: ______________________________
FOR THE CLIENT
__________
Signature: ______________________________
Date: ______________________________