Business Centre Terms & Conditions

Our Standard Terms and Conditions

These Standard Terms and Conditions apply to Office, Co-Working, Virtual Office, Membership or Workplace Recovery license agreements and all services we provide at: Eden House Forge Lane Moorlands Trading Estate Saltash Cornwall PL12 6LX (herein referred to as the “Centre”).

General Agreement:

1.1 Nature of a license agreement: At all times, the Centre remains in our possession. YOU ACCEPT THAT A LICENSE AGREEMENT CREATES NO TENANCY INTEREST, LEASEHOLD ESTATE OR OTHER REAL PROPERTY INTEREST IN YOUR FAVOUR WITH RESPECT TO THE CENTRE.

1.2 Centre Rules and Fair Use Policy: Our Centre Rules and Fair Use Policy, which are incorporated into these terms and conditions, are primarily in place and enforced to ensure that all clients have a professional environment to work in.

1.3 Company and Contact Information: It is your responsibility to keep the information and key contact information we use to communicate with you up-to-date with our Team. This includes, but is not limited to, email addresses, phone numbers, company address, Tax/VAT, and registration details. Your contact address details must be a legitimate business address or residential address of the primary contact; it must not be a Centre address (or other business centre address).

1.4 Availability at the start of a license agreement: If for any unfortunate reason we cannot provide the Virtual Office services or Office/Co-Working space in the Centre stated in a license agreement by the start date, we will have no liability to you for any loss or damage, but you may either move to one of our other services (subject to availability), or delay the start of the license agreement or cancel it.

1.5 Automatic Renewal: To ensure uninterrupted service and effective management of your account, all license agreements are entered into on a monthly basis and will automatically renew on a rolling month-to-month basis unless terminated by either party. Each renewal period shall commence on the day following the end of the previous monthly term and will continue until the same calendar day of the following month (the “Renewal Date”). Fees for each monthly period will be charged at the prevailing rate in effect at the time of renewal. IF YOU DO NOT WISH FOR A LICENSE AGREEMENT TO RENEW, THEN YOU CAN CANCEL IT EASILY WITH EFFECT FROM THE END DATE STATED IN THE LICENSE AGREEMENT, BY GIVING US PRIOR NOTICE. NOTICE MUST BE GIVEN IN WRITING BY THE CONTACT INFORMATION CONTAINED WITHIN THIS DOCUMENT. THE NOTICE PERIODS REQUIRED IS: NO LESS THAN FOUR WEEK’S NOTICE PRIOR TO THE PAYMENT DATE.

1.6 We may elect not to renew a license agreement. If so, we will inform you by letter or email, following the same notice period specified above.

1.7 If the Centre is no longer available: In the event that we are permanently unable to provide the services and space at the Centre stated in a license agreement, your license agreement will end, and you will only have to pay fees up to that date and for any additional services you have used.

1.8 Ending an license agreement immediately: We may terminate a license agreement immediately by giving you notice if (a) you become insolvent or bankrupt; or (b) you breach 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 14 days of that notice; or (c) your conduct, or that of someone at the Centre with your permission or invitation, is incompatible with ordinary office use and, (i) that conduct continues despite you having been given notice, or (ii) that conduct is material enough (in our reasonable opinion) to warrant immediate termination; or (d) you are in breach of the “Compliance With Law” clause below. If we terminate a license agreement for any of the reasons referred to in this clause you must, within 30 days of the date of our notice of termination, pay us as a lump sum payment all sums that would otherwise have fallen due and payable by you during the remainder of the period for which your license agreement would have lasted if we had not terminated it. You agree that this payment reflects a reasonable estimate of the actual damages that we will sustain in the event of an early termination.

1.9 When an office license agreement ends: When a license agreement ends, you must vacate your space immediately, leaving it in the same state and condition as it was when you took it. If you leave any property in the Centre, we may dispose of it at your cost in any way we choose without owing you any responsibility for it or any proceeds of sale. If you continue to use the space when a license agreement has ended, you are responsible for any loss, claim or liability we may incur as a result of your failure to vacate on time. You may also incur additional charges up to £TBD +VAT per day if you do not vacate the premises. If your license agreement has been terminated for any of the reasons detailed in section 1.8, you hereby agree to cease entry and use of all services and facilities, including but not limited to communal areas and car parks.

1.10 Transferability: Subject to availability (which shall be determined in our sole discretion) you may transfer your license agreement to alternative space within the Centre, provided that your financial commitment remains the same (or increases) and such transfer is not used to extend or renew an existing license agreement. Such a transfer may require entry into a new license agreement

2. Use of the Centre:

2.1 Business Operations: You may not carry on a business that competes with our business of providing serviced office space and flexible working. Our Services may not be resold, or otherwise assigned by you to any third party. You may not use our name (or that of our affiliates) in any way in connection with your business. You are only permitted to use the address of the Centre as your registered office address if it is permitted by both law and if we have given you prior written consent. You must only use the space for office business purposes. If we decide that a request for any particular service is excessive, we reserve the right to charge an additional fee. In order to ensure that the Centre provides a great working environment for all, we kindly ask you to limit any excessive visits by members of the public.

2.2 Space

2.2.1   Alterations or Damage: You are liable for any damage caused by you or those in the Centre with your permission, whether express or implied, including but not limited to all employees, contractors and/or agents.

2.2.2   IT Installations: We take great pride in our IT infrastructure and its upkeep, and therefore, you must not install any cabling, IT, or telecom connections without our consent, which we may refuse in our absolute discretion. As a condition to our consent, you must permit us to oversee any installations (for example, IT or electrical systems) and to verify that such installations do not interfere with the use of the space by other clients or us or the landlord of the building. Fees for installation and de-installation will be at your cost.
2.2.3   Use of the Space: A license agreement will list the space we initially allocate for your use. Where the space is a Co-working desk, this can only be used by one individual; it cannot be shared amongst multiple individuals. Occasionally, to ensure the efficient running of the Centre, we may need to allocate different space (including re-allocation of a Co-working desk) to you, but it will be of reasonably equivalent size, and we will endeavour, where reasonably practicable, to give you at least two weeks’ advance notice of a change of allocation.
2.2.4   Access to the Space: In order to maintain a high level of service, we may need to enter your space and may do so at any time, including without limitation, in an emergency, for cleaning and inspection or in order to reuse the space if notice has been given to terminate. we will always endeavour to respect any of your reasonable security procedures to protect the confidentiality of your business.
2.2.5   Hybrid Working: You may use your designated office for hybrid working (excluding Coworking desks). Hybrid working is defined as having more individuals registered with access to your office than the specified maximum allowable occupants for that office at any one time. The management of individuals accessing your office is your responsibility and should be reported to our Team via the contact information specified within this document. At no time may the number of individuals working in your space exceed the maximum number of occupants allowed.

2.3   Compliance with Law: You must comply with all relevant laws and regulations in the conduct of your business. You must not do anything that may interfere with the use of the Centre by us or by others (including but not limited to political campaigning or immoral activity), cause any nuisance or annoyance, or cause loss or damage to us (including damage to reputation) or to the owner of any interest in the building. If we have been advised by any government authority or other legislative body that it has reasonable suspicion that you are conducting criminal activities from the Centre, or you are or become subject to any government sanctions, then we shall be entitled to terminate any or all of your license agreements with immediate effect. You acknowledge that any breach by you of this clause shall constitute a material default, entitling us to terminate your license agreement without further notice.

2.4   Ethical Trading: Both we and you shall comply at all times with all relevant anti-slavery, anti-bribery, and anti-corruption laws.

2.5   Data Protection

2.5.1   Each party shall comply with all applicable data protection legislation. The basis on which we will process your personal data is set out in our privacy policies.
2.5.2   You acknowledge and accept that we may collect and process personal data concerning you and/or your personnel in the course of our license agreement for services with you. Such personal data will be processed in accordance with our privacy policy. Where you provide this data to us, you will ensure that you have the necessary consents and notices in place to allow for this.

2.6   Employees: We will both have invested a great deal in training our staff, therefore, neither of us may knowingly solicit or offer employment to the other’s staff employed in the Centre (or for 3 months after they have left their employment).

2.7   Confidentiality: The terms of a license 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 for a period of 3 years after a license agreement ends.

2.8   Assignment: A license agreement is personal to you and cannot be transferred to anyone else without prior consent from us unless such transfer is required by law. However, we will not unreasonably withhold our consent to assignment to an affiliate, provided that you execute our standard form of assignment. We may transfer any license agreement and any and all amounts payable by you under a license agreement to any other member of our group.

2.9   Applicable law: A license agreement is interpreted and enforced in accordance with the law of the place where the Centre is located. We and you both accept the exclusive jurisdiction of the courts of that jurisdiction. If any provision of these terms and conditions is held void or unenforceable under the applicable law, the other provisions shall remain in force.

3. Our Liability to You and Insurance

3.1    The extent of our liability: To the maximum extent permitted by applicable law, we are not liable to you in respect of any loss or damage you suffer in connection with a license agreement, including without limitation any loss or damage arising as a result of our failure to provide a service as a result of mechanical breakdown, strike, or other event outside of our reasonable control otherwise, unless we have acted deliberately or have been negligent. In no event shall we be liable for any loss or damage until you provide written notice and give us a reasonable time to put it right. If we are liable for failing to provide you with any service under a license agreement, then, subject to the exclusions and limits set out immediately below, we will pay any actual and reasonable additional expense you have incurred in obtaining the same or similar service from elsewhere.

3.2   Your insurance: It is your responsibility to arrange insurance for property which you bring into the Centre, for any post you send or receive and for your own liability to your employees and to third parties. We strongly recommend that you put such insurance in place.

3.3   IT Services and Obligations: Whilst we have security internet protocols in place and strive to provide seamless internet connectivity, WE DO NOT MAKE ANY REPRESENTATION AND CANNOT GUARANTEE ANY MAINTAINED LEVEL OF CONNECTIVITY TO OUR NETWORK OR TO THE INTERNET, NOR THE LEVEL OF SECURITY OF IT INFORMATION AND DATA THAT YOU PLACE ON IT. You should adopt whatever security measures (such as encryption) you believe are appropriate for your business. Your sole and exclusive remedy in relation to issues of reduced connectivity which are within our reasonable control shall be for us to rectify the issue within a reasonable time following notice from you to us.

3.4   EXCLUSION OF CONSEQUENTIAL LOSSES: WE WILL NOT, IN ANY CIRCUMSTANCES, HAVE ANY LIABILITY TO YOU 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 RECOMMEND THAT YOU INSURE AGAINST ALL SUCH POTENTIAL LOSS, DAMAGE, EXPENSE OR LIABILITY.

3.5   Financial limits to our liability: In all cases, our liability to you is subject to the following limits:

3.5.1   without limit for personal injury or death;
3.5.2   up to a maximum of £10,000 for any one event or series of connected events for damage to your personal property; and
3.5.3   in respect of any other loss or damage, up to a maximum equal to 125% of the total fees paid between the date services under a license agreement commenced and the date on which the claim in question arises; or if higher, for office license agreements only £10,000.

4. Fees

4.1   Service Deposit: Your service deposit, if one is requested, will be held by us without generating interest as security for performance of all your obligations under a license agreement. All requests for the return must be made in writing to our Team, via the contact information within this document, after which any service deposit or any balance will be processed within 14 days to you once your license agreement has ended and when you have settled your account. We will deduct any outstanding fees and other costs due to us before returning the balance to you. We will require you to pay an increased deposit if the monthly office or virtual office fee increases upon monthly renewal, outstanding fees exceed the service deposit held and/or you frequently fail to pay invoices when due.

4.2   Taxes and duty charges: You agree to pay promptly (i) all sales, use, excise, consumption and any other taxes and license fees which you are required to pay to any governmental authority (and, at our request, you will provide to us evidence of such payment) and (ii) any taxes paid by us to any governmental authority that are attributable to your space, where applicable, including, without limitation, any gross receipts, fees and occupancy taxes, tangible personal property taxes, stamp tax/duty or other documentary taxes and fees.

4.3   Payment: We are continually striving to reduce our environmental impact and support you in doing the same. Therefore, we will send all invoices electronically, and you will make payments via an automatic payment method, or one-off payment via an electronic funds transfer. Invoices are due and payable on the license renewal due date stated in them. Invoices will be issued, and payments collected either by us directly or by any member of our group of companies.

4.4   Late payment: If you do not pay fees when due, a fee will be charged on all overdue balances. If any part of an invoice is legitimately disputed, you shall give immediate written notice to us and pay the amount not in dispute by the due date or be subject to late fees. We also reserve the right to withhold services (including for the avoidance of doubt, denying you access to the Centre where applicable) while there are any outstanding fees and/or interest, or you are in breach of a license agreement.

4.5   Insufficient Funds: Due to the additional administration we incur, you will pay a fee for any returned or declined payments due to insufficient funds.

4.6   Activation: An activation fee is payable in respect of each license agreement you have with us (including any new license agreements entered into under clause 1.10 above). This fee covers the administrative cost of the client onboarding process and account setup.

4.7   Indexation: If a rolling month-to-month license agreement continues for more than 12 months, we will increase the monthly fee on each anniversary of the start date in line with the relevant inflation rate.

4.8   Office Restoration: Upon your departure or if you choose to relocate to a different room within the Centre, we reserve the right to charge a fixed office restoration service fee to cover normal cleaning and any costs incurred to return the space to its original condition and state. We reserve the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear.

4.9   Standard services: Monthly fees, plus applicable taxes, and any recurring services requested by you are payable monthly in advance. Where a daily rate applies, the charge for any such month will be 30 times the daily fee.

4.10   Pay-as-you-use and Additional Variable Services: Fees for pay-as-you-use services, plus applicable taxes, are payable monthly in arrears at our standard rates, which may change from time to time and are available on request.

4.11   Additional Fees: If your use of the space or treatment of the space requires us to incur additional costs for the provision of nonstandard service(s), including but not limited to deep cleaning, unusual rubbish removal, pest remediation or additional security, we reserve the right to charge you for the cost of these services plus an additional 10% administration fee.

4.12  Discounts, Promotions and Offers: If you benefited from a special discount, promotion or offer, we will discontinue that discount, promotion or offer without notice if you materially breach your license agreement.