VirtualOffice@Henley, Terms and Conditions of Sales
The
Terms & Conditions that will apply on any purchase from VirtualOffice@Henley
Definitions:
- 'VirtualOffice@HENLEY'
means Henley Business School Trading Ltd;
- The 'Agreement' means the VirtualOffice@HENLEY Service Agreement;
- The 'Provider' means VirtualOffice@HENLEY;
- The 'Member' means the Customer Name.
- SERVICES
For the duration of the Agreement, the Provider will supply the Member with one or more of the following services, chosen by the Member in Page 1 of the Agreement:
1.1. Membership of Henley Virtual Business Club
1.1.1. Membership is personal to the Member and is not transferable.
1.1.2. The Member must carry his/her membership card when using the facilities and services at The Business Centre.
1.1.3. Members have free registration and access to the Provider internet portal.
1.1.4. Members have free membership of the Henley Virtual Business Club, which provides pay as you go access to meeting rooms, conference facilities, dining and hotel accommodation.
1.1.5. Members may enjoy special promotions and advantages, as agreed between the Provider and its marketing partners, and communicated to the Member by the Provider as and when they become operative.
1.1.6 Members may enjoy a discounted pass to the lifestyle fitness centre
1.2. Virtual Address
1.2.1 Membership of Henley Virtual Business Club.
1.2.2. Use of Business Address: The Business Centre, Greenlands, Henley on Thames, Oxfordshire, RG9 3AU.
1.2.3. The Provider will receive mail addressed to Member and depending on the option chosen either arrange for the collection of such mail by the Member or post such mail on to the Member at the address shown in the agreement or such other single UK address as shall have been notified in writing by the Member to the Provider. In the event that the Provider receives more than 100 items of mail per month on behalf of the Member, the Member shall then pay a handling fee as per current price list.
1.2.4. Mail received by the Provider will be forwarded to the Member, at the frequency requested by the Member or collected by the Member.
1.2.5. Mail forwarding shall be made between the hours of 08:30 and 17:00 weekdays (other than UK bank and public holidays) and shall be charged as per current price list.
1.2.6. Mail collection by the Member shall happen between the hours of 08.30 to 17:00 weekdays (other than UK bank and public holidays).
1.3. Virtual PA
1.3.1. The Provider will supply the Member with an 0845 dedicated telephone number, either with a self managed voicemail or telephone answering service. If the Member requires additional lines (and the Provider consents to the same) a further set up fee and monthly fee for each additional line shall be required.
1.3.2. The Provider where required shall forward calls to the Member at the telephone number nominated by the Member (UK landline or mobile only), and to employees of the Member at the nominated number of the employees, at the additional per person cost. The Provider agrees to handle calls in conjunction with the fair usage policy Call handling exceeding the fair usage policy will be charged as per current price list.
1.3.3. Messages shall be relayed by email or accessible via the web messaging portal or on the messaging line number, depending on the option chosen by the Member. Additional relay options will be charged as per the current price list. Messages are included in the fixed rate package in line with the fair usage policy.
1.3.4. The telephone number remains property of the Provider.
1.4. Virtual Office Bronze
1.4.1 Membership of Henley Virtual Business Club.
1.4.2. Use of Business Address: The Business Centre, Greenlands, Henley on Thames, Oxfordshire, RG9 3AU.
1.4.3. The Provider will receive mail addressed to Member and depending on the option chosen either arrange for the collection of such mail by the Member or post such mail on to the Member at the address shown in the agreement or such other single UK address as shall have been notified in writing by the Member to the Provider. In the event that the Provider receives more than 100 items of mail per month on behalf of the Member, the Member shall then pay a handling fee as per current price list.
1.4.4. Mail received by the Provider will be forwarded to the Member, at the frequency requested by the Member or collected by the Member.
1.4.5. Mail forwarding shall be made between the hours of 08:30 and 17:00 weekdays (other than UK bank, public holidays and College closures) and shall be charged as per current price list.
1.4.6. Mail collection by the Member shall happen between the hours of 08.30 to 17:00 weekdays (other than UK bank and public holidays).
1.4.7. The Provider will supply the Member with an own dedicated telephone number, either with a voicemail or switchboard answering service. If the Member requires additional lines (and the Provider consents to the same) a further monthly fee for each additional line shall be required.
1.4.8. The Provider where required shall forward calls to the Member at the single telephone number nominated by the Member, and/or to up to 3 employees of the Member at the nominated number of the employees, at the additional per person cost. The Member or employee may alter the number each has nominated on not less than 1 working day's notice to the Provider but for any number altered more than once in any period of 7 days the Provider will charge an administration fee as per current price list for each additional number change. The Provider agrees to handle 100 calls per month. Call handling exceeding 100 calls per month will be charged as per current price list.
1.4.9. The transmission of messages shall be made between the hours of 08:30 and 06:00 PM weekdays (other than UK bank and public holidays) and shall be charged at the Provider's then current rate.
1.4.10. Messages shall be sent by email or SMS, depending on the option chosen by the Member. Messages will be charged as per current price list. Messages cannot be held for collection.
1.4.11. The Provider will charge call forwarding fees to the Member, as per current price list.
1.4.12. The telephone number remains property of the Provider.
1.5. Virtual Office Silver
1.5.1 Terms and conditions as above for Virtual Office Bronze
1.5.2 The Member will benefit from free use of a workstation (being the desk and chair), including telephone, internet connection, up to 20 hours per month included in the package and from complimentary use of meeting rooms for up to 6 people for up to 4 hours per month
1.6. Virtual Office Gold
1.6.1 Terms and conditions as above for Virtual Office Silver.
1.6.2 The Member will benefit from free use of a workstation (being the desk and chair), including internet connection, up to 40 hours per month included in the package and from complimentary use of meeting rooms for up to 6 people for up to 4 hours per month.
1.6.3 The Member will benefit from 2 free business lunch vouchers in the on site restaurant per month and 1 weekend accommodation package for 2 people per 6 month contract.
1.7. Additional services
1.7.1. The Provider for the period of this Agreement may provide such secretarial, catering and other business services as indicated in the price list, as requested by the Member, subject to availability and charged at the Provider's then current price list.
1.9.2. The additional services may be reserved in advance by the Member subject to availability but the Provider does not guarantee that the additional services will be available to the Member.
- PAYMENT
2.1. The Member agrees to pay the Provider a monthly fee in respect of the services until either party, as per clause 5, terminates this agreement. Duration and Termination.
2.2. The Member also agrees to pay fees in respect of such additional services as required from time to time. Such additional fees may be fixed monthly fees or variable fees, depending on the additional services required, and will be calculated in accordance with the current price list.
2.3. All banking charges will be born by the Member.
2.4. If payment is not made within 7 days of the due date the Provider shall be entitled to a late payment compensation fee of £40.00 (forty) plus VAT (or £70 if the amount is above £1,000) in addition to interest on the sum due at the base rate of Bank of England + 12% per annum, calculated on a daily basis.
2.5. In the event of the Member failing to discharge his liability to the Provider for the services provided by the Provider within 7 days of such payment becoming due, the Provider shall be entitled (i) to retain any correspondence addressed to the Member and telephone messages intended for the Member until the Member makes the payment owing to the Provider (ii) to exclude the Member from further use of any services facilities and equipment until all outstanding sums are paid and (iii) forthwith to terminate this Agreement.
2.6. If the Member disputes any part of an invoice, he/she must pay the amount not in dispute by the due date. The Provider reserves the right to withhold services while there are any outstanding fees and interest or the Member is in breach of this Agreement.
2.7. Initial payment schedule.
2.7.1. The Member will settle the monthly fees fully in advance according to the Service / Package chosen:
2.7.1.1. Minimum initial payment for Virtual service is 2 months
- PROVIDER'S RIGHTS AND RESPONSIBILITIES
3.1. The Provider may by notice suspend the provision of services (including access to The Business Centre) for reasons of political unrest, strikes, or other events beyond our reasonable control.
3.2. The Provider is not liable for any loss as a result of failure to provide a service as a result of mechanical breakdown, strike, delay, failure of staff, termination of its interest in the building or otherwise, unless it does so deliberately or is grossly negligent. In the event of a failure to provide service, the member shall inform the Provider and allow reasonable opportunity to rectify. The Member agrees that the Provider will not have any liability for any loss, damage or claim which arises as a result of, or in connection with, this agreement and/or the use of the services except to the extent that such loss, damage, expense or claim is directly attributable to its deliberate act or its gross negligence. The Provider 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. The Provider strongly advises the Member to insure against all such potential loss, damage, expense or liability.
3.3. Unless there is an emergency, the Provider will as a matter of courtesy try to inform the Member in advance when it needs to carry out testing, repair or works other than routine inspection, cleaning and maintenance.
3.4. The Provider will use all reasonable endeavours to ensure accurate and expeditious handling of communications for the Member but no responsibility shall attach to the Provider or its staff or agents for any injuries, damage or loss howsoever arising or to whomsoever caused.
3.5. The Provider shall have no liability to the Member in respect of any act, omission, neglect, delay or default by any of the Provider's staff or agents and whether in contract or in tort.
3.6. In the event of any parcel chattel packet or other object than mail addressed to the Member being delivered at the Premises, the Provider will bear no responsibility in the event of the Member or the sender failing to remove the same within one month of receiving notice from the Provider of receipt of such item.
3.7. The Provider shall not accept any item which exceeds 5kg in weight, 18 inches in any dimension or 1 cubic foot in volume.
3.8. The Provider in its absolute discretion shall be entitled to (i) destroy any mail or messages not collected in accordance with these Terms and Conditions of Sales and (ii) refuse to accept any quantity of items which the Provider considers unreasonable.
- MEMBER'S RIGHTS AND RESPONSIBILITIES
4.1. The Member shall be entitled to receive the services subject to these Terms and Conditions.
4.2. The Member must only carry on business in the name specified on the Agreement or some other name The Provider previously agrees.
4.3. The VirtualOffice@HENLEY and Henley Management College brands and logos are registered Trade Marks of the Provider. Members may not use the VirtualOffice@HENLEY or Henley Business School logos and brands in any document or publication, including the internet and in any way in connection with his/her business, unless previously agreed in writing with the Provider.
4.4. The Member must only use The Business Centre for office purposes, and only for the business stated in the Agreement or subsequently agreed with the Provider.
4.5. The Member will not carry on any business which could be construed by the Provider as illegal, defamatory, immoral or obscene and will not use The Business Centre whether directly or indirectly for any such purpose.
4.6. The Member must not carry on a business which involves frequent visits by members of the public or which competes with the Provider business.
4.7. The Member must not put up any signs on any part of the workstations or The Business Centre unless previously agreed with the Provider.
4.8. The Member may use the address of The Business Centre as his/her business address, but not as the Registered Office of the Members business, unless previously agreed with the Provider, and in this case there will be a further charge as per current price list.
4.9. The Member will not be allowed to use The Business Centre outside of normal working hours unless specifically authorised in writing in exceptional circumstances.
4.10. The Member's obligations are to pay the stipulated fee and the costs of all other services provided on the due dates and to perform all of the obligations on the part of the Member contained in the Agreement.
4.11. The Member will fully indemnify the Provider against any expenses cost claims damages or penalties incurred by the Provider in connection with this Agreement howsoever occasioned.
4.12. The Member will not send or deliver or cause to be sent or delivered to The Business Centre any noxious harmful dangerous live perishable or bulky objects.
4.13. It is the Member's responsibility to arrange insurance for his/her own property, brought into The Business Centre and for his/her own liability for employees and to third parties.
4.14. While the Agreement is in force and for six months after it ends, the Member must not solicit or offer employment to any of the Provider's staff. If the Member does so, the Provider estimates its loss at the equivalent of one year's salary for each of the employees concerned and the Member must pay the Provider damages equal to that amount.
4.15. When the Member makes use of the Provider's offices and meeting rooms the Member agrees that:
4.15.1. Such offices and meeting rooms shall be used for general office purposes only.
4.15.2. The Member shall maintain the offices and meeting rooms in their existing condition and shall notify the Provider immediately of any damage caused by the Member and the Member's employees and visitors.
4.15.3. The Member shall be liable for all damage caused by the Member and the Member's employees and visitors.
4.16. The common areas of the Premises will only be used in such a way as to have regard to the rights and interests of the Provider.
4.17. The Member must take good care of all parts of The Business Centre, its equipment, fittings and furnishings. The Member must not alter any part of it. The Member is liable for any damage caused by the Member or those in The Business Centre with his/her permission or invitation.
4.18. The Member must not install any furniture or office equipment, cabling, IT or telecoms connections without the Provider's consent, which it may withhold at its absolute discretion
4.19. Any keys or entry cards issued to the Member remain the Provider's property at all times. The Member must not copy them or allow anyone else to use them without the Provider consent. Any loss must be reported to the Provider immediately and the Member must pay the cost of replacement keys or cards and of changing locks, if required.
4.20. The Member agrees to comply with the procedures and regulations which the Provider imposes generally on users of The Business Centre for health and safety and other reasons. It is the Member's responsibility to ensure that everyone in The Business Centre with his/her permission or invitation also complies with these house rules.
4.21. The Business Centre is an open-plan space and the Member must at all times respect the privacy and convenience of others using that space. The Member agrees not to do anything that will cause any nuisance or annoyance, that will interfere in any way with the use of The Business Centre, that will increase the insurance premiums that the Provider have to pay or cause loss or damage to the Provider or to the owner of any interest in The Business Centre.
4.22. The Member must supply copies of minimum 2 (two) personal identification documents, to be chosen among: passport, ID with photo, driving licence with Photo, utility bill. Failure to present the required copies of these documents within 14 days from signing the Agreement may result in the Agreement being terminated and initial payment retained.
- DURATION AND TERMINATION
5.1. Standard Duration and Termination Terms and Conditions
5.1.1. The Provider may terminate this Agreement immediately by giving notice to the Member if:
5.1.1.1. The Member becomes insolvent, go into liquidation or become unable to pay the outstanding debts to the Provider when due;
5.1.1.2. The Member is in breach of one of his/her obligations under this Agreement which cannot be put right or which the Provider has given notice to put right and which the Member has failed to put right within 7 days of that notice; or
5.1.1.3. The Member's conduct or that of someone at The Business Centre with the Member's permission or at his/her invitation is incompatible with ordinary office use or does not comply with the house rules.
5.1.2. If the Provider is no longer able to provide business accommodation and services at The Business Centre stated in the Agreement, then the Agreement will end and the Member will only have to pay fees up to the date it ends and for the additional services used.
5.1.3. If the Member is dissatisfied with the services for any reasonable reasons the Member may cancel this Agreement by giving written notice to the Provider within 14 days from the Commencement Date of this Agreement whereupon this Agreement shall terminate immediately and the Provider shall refund the deposit and monthly fee less any optional additional charges that have not yet been paid for. Any setup fees and membership fees are not refundable.
5.1.4. If the Provider ends this Agreement for any of the reasons in clause 5.1, the standard termination terms and conditions, it does not put an end to any outstanding obligation the Member may have and the Member must: pay for additional services used and pay the service fees for the remainder of the period for which the Agreement would have lasted had the Provider not ended it, or, if longer, for the period of one month; and indemnify the Provider against all costs and losses incurred as a result of the termination.
5.1.5. When the Agreement ends, it will be the Member's responsibility to notify people that the Member is no longer using the address of The Business Centre. Unless arrangements are made for the Member's mail to be forwarded to an address specified by the Member, and mail forwarding fees are charged to the Member as per current price list, the Provider may destroy or return to sender all mail which arrives at The Business Centre. The Member agrees that the Provider will have no responsibility to the Member in respect of any such mail.
5.2. Duration and Termination Terms and Conditions applicable to Membership Card
5.2.1. The Agreement shall (subject to the Providers rights of determination in accordance with these Terms and Conditions) subsist for a minimum period of one year from the Commencement Date specified in the Agreement. The Membership card will be automatically renewed at each yearly interval from the Commencement Date, for additional periods of 12 months, unless terminated by either party with a 90 days written notice to the other or pursuant to standard termination clause.
5.3. Duration and Termination Terms and Conditions applicable to my VirtualOffice@HENLEY Service
5.3.1. The Agreement shall (subject to the Providers rights of determination in accordance with these Terms and Conditions) subsist for a minimum period of 2 months by either party to the other or pursuant to standard termination clause.
5.4. Duration and Termination Terms and Conditions applicable to Meeting Room Service
5.4.1. Less than 48 Hours Notice: 100% Total Cost
5.4.2. Less than 7 days notice and more than 48 hours: 50% Total Cost.
5.4.3. More than 7 days: 20% Total Cost.
- OUR LIMITATION OF LIABILITY.
6.1. Member acknowledges that due to the imperfect nature of verbal, written and electronic communications, neither VirtualOffice@HENLEY nor VirtualOffice@HENLEY affiliates, landlord or any of their respective officers, directors, employees, partners, agents or representatives shall be responsible for damages, direct or consequential, that may result from the failure of VirtualOffice@HENLEY to furnish any service, including but not limited to the service of conveying messages, communications and other utility or services. Member's sole remedy and VirtualOffice@HENLEY's sole obligation for any failure to render any service, any error or omission, or any delay or interruption of any service, is limited to an adjustment to Member's bill in an amount equal to the charge for such service for the period during which the failure, delay or interruption continues.
6.2. With the sole exception of the remedy described above, the Member expressly and specifically agrees to waive and not make any claim for damages, direct or consequential, including with respect to lost business or profits arising out of and failure to furnish any service, any error or omission with respect thereto, or any delay or interruption of services. VirtualOffice@HENLEY disclaims any warranty of merchantability or fitness for a particular purpose.
- License agreement. This agreement is not a lease or any other interest in real property. It is a contractual arrangement that creates a revocable license
7.1. VirtualOffice@HENLEY retains legal possession and control of the VirtualOffice@HENLEY and the office assigned to Member. VirtualOffice@HENLEY's obligation to provide Member space and services is subject to the terms of VirtualOffice@HENLEY's right to occupy the premises. This agreement terminates simultaneously with the termination of VirtualOffice@HENLEY's master lease or the termination of the operation of VirtualOffice@HENLEY for any reason. As VirtualOffice@HENLEY's Member, Member does not have any rights under VirtualOffice@HENLEY's right to occupy the premises with VirtualOffice@HENLEY's landlord. When this agreement is terminated because the term has expired or otherwise, Member's license to occupy the VirtualOffice@HENLEY is revoked. Member agrees to remove their personal property and leave the office as of the date of termination. VirtualOffice@HENLEY is not responsible for property left in the office after termination.
- DAMAGES AND INSURANCE.
8.1. Member is responsible for any damage Member cause to the VirtualOffice@HENLEY or Member's office(s) beyond normal wear and tear. VirtualOffice@HENLEY has the right to inspect the condition of the office from time to time and make any necessary repairs.
8.2. Member is responsible for insuring their personal property against all risks. Member has the risk of loss with respect to any of their personal property. Member agrees to waive any right of recovery against VirtualOffice@HENLEY, its directors, officers and employees for any damage or loss to Member's property under their control. All property in Member's office(s) is understood to be under Member's control.
- GENERAL
9.1. Any notice given by either party shall be in writing and shall be deemed sufficiently served (i) in the case of notice to the Provider at The Business Centre, Greenlands, Henley on Thames or shall have been notified by the Provider for the receipt of notices and (ii) in the case of notice to the Member at the addresses indicated in the Agreement or such other addresses have been notified by the Member to the Provider for the receipt of notices, including at the email address of the Member.
9.2. Any notice sent by post should be deemed received by the addressee in the normal course of posting i.e. 3 days unless there is a postal strike.
9.3. All formal notices must be in writing and will be considered given to the Provider if delivered personally to the Provider at The Business Centre, or sent by courier or first class post to its Registered Office address or to the address indicated in the Agreement.
9.4. The terms of the Agreement are confidential. Neither party must disclose them without the other's consent unless required to do so by law or an official authority. This obligation continues for 1 year after the Agreement ends.
9.5. Except where the Provider is grossly negligent, the Member must indemnify the Provider in respect of all liability, claims, damages, loss and expenses, which may arise:
9.5.1. If someone dies or is injured in the premises;
9.5.2. From a third party in respect of the use of The Business Centre and the services;
9.5.3. If the Member does not comply with the terms of the Agreement.
9.6. The member must also pay any costs, including reasonable legal fees, which the Provider incurs in enforcing the Agreement.
9.7. The Agreement is personal to the Member and is not capable of assignment.
9.8. The Provider may transfer the benefit of the Agreement and its obligations under it at any time.
9.9. The invalidity or unenforceability of any terms of the Agreement will not impair the validity of any other terms. No waiver of any default by the Member will be implied from the Provider failure to take action in respect of such default.
9.10. The Member agrees that the Provider may process, disclose or transfer any personal data which it holds on or in relation to the Member, provided that in doing so the Provider take such steps as it considers reasonable to ensure that it is used only:
9.10.1. To fulfil the Provider obligations under this Agreement;
9.10.2. For work assessment and fraud prevention; and
9.10.3. To make available information about new or beneficial products and services offered by the Provider and other organisations, which it considers, may be of interest to the Member.
9.11. The Agreement shall be governed by and construed in accordance with the laws of England under the jurisdiction of the English courts.
9.12. The Agreement creates no rights in any third parties to enforce its terms pursuant to Section 1 of the Contracts (Rights of Third Parties Act 1999).
