Termos e Condições Gerais

The parties agree to the following;

  1. Definitions and interpretation

1.1 In this Contract:

a) ACL means the Australian Consumer Law schedule of the Competition and Consumer Act 2010 (Cth) and its associated regulations as amended;

b) Agreement means the document signed by both the Client and Canning Vale Serviced Offices Pty Ltd setting out the specifics of the Contract;

CVSO refers to: Canning Vale Serviced Offices Pty Ltd (Company Name) Canning Vale Serviced Offices (Trading Name);

c) Business Day means each Monday to Friday which is not a public holiday;

d) Business Hours means from 9:00 am until 5:00 pm on every Business Day and a Business Hour is any hour within a Business Day;

e) Client is as defined in the Agreement. If there is more than one Client, this Contract applies to each of them jointly and severally. Client also includes all executors, administrators, successors and permitted assigns of the person defined in the Agreement;

f) Contract means the Terms and Conditions together with the Agreement;

g) End Date means the end date set out in the Agreement;

h) Fees means the fees payable by the Client to CVSO as specified in this Contract;

i) Further Fees means the fees payable by the Client to CVSO for the Services which incur fees on an irregular pay-as-you-use basis;

j) GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated Regulations as amended;

k) Initial Term is the period described as such in the Agreement, commencing on the Start Date and ending on the End Date.

l) Insolvency Event means where:

the entity is unable to pay its debts as and when they fall due;

in the case of an individual, the individual enters into a scheme of arrangement with creditors or becomes bankrupt;

in the case of a legal entity that is not an individual:

a receiver, receiver and manager, administrator, controller, provisional liquidator or liquidator is appointed to the entity;

the entity enters into a scheme of arrangement with its creditors; or

the entity is wound up;

the entity assigns any of its property for the benefit of creditors or any class of creditors; or

a person with a legal right over any assets of the entity takes any step towards taking possession or takes possession of those assets or exercises any power of sale;

m) Monthly Payment means the monthly fee payable by the Client to CVSO for the Ongoing Services (the Monthly Payment excludes any Further Fees). The Monthly Payment may be set out in the Agreement, but is subject to any increases for extra Ongoing Services provided or otherwise in accordance with this Contract;

n) Ongoing Services means all Services that can be provided on an ongoing basis and incur a regular monthly fee. This is all Services except those which incur Further Fees;

o) Security Deposit means 1 times the calendar Monthly Payment, unless otherwise stated in the Agreement;

p) Services means:

the particular services described in the Agreement to be provided by CVSO to the Client subject to any terms set out in the description; and

any services the Client and CVSO may agree to, to be provided for the fees set by CVSO on the terms set by CVSO, and in accordance with the terms of the Contract;

q) Start Date is the start date set out in the Agreement;

r) Terms and Conditions means the terms and conditions set out in this document as may be replaced by Victory Offices from time to time by updating the terms and conditions on the Victory Offices website;

s) CVSO refers to: Canning Vale Serviced Offices Pty Ltd (Company Name) Canning Vale Serviced Offices (Trading Name)

t) CVSO Building means any building which is occupied by CVSO or an associated entity or any of their staff or Clients;

u) CVSO IP means all intellectual property associated with or created by CVSO or its employees or agents. It includes copyright, patents, trademarks (whether registered or not), registered designs, colour schemes, logos, uniquely shaped or styled products, business methods, business plans and business documents; and

v) Workstation means a desk, chair, shelving unit and telephone.

1.2 In this Contract, unless the context indicates a contrary intention:

a) the term “person” includes an individual, a body politic, corporation and a statutory or other authority or association whether incorporated or unincorporated;

b) a reference to this Contract or to any other deed, agreement, document or instrument includes, respectively, this Contract or such other deed, agreement, document or instrument as amended, novated, supplemented, varied or replaced from time to time;

c) words importing the singular shall include the plural (and vice versa) and words denoting a given gender shall include all other genders;

d) “including” is not a word of limitation;

e) all dollar amounts are in Australian dollars unless stated otherwise;

f) headings are for convenience only and do not affect interpretation; and

g) a reference to any amount is a reference to all or part of that amount.

Use of the Business Centre

The Services which apply to the Contract are those set out below for the relevant Client type, as specified in the Agreement.

  1. Centre Access: Access to the designated Centre is available during standard business hours of operation unless otherwise arranged with the Centre or General Manager of the Centre. CVSO shall provide for use of conference rooms and private offices subject to availability and upon reservation only. CVSO shall also provide business and administrative support services on demand (to the extent available). Use of these services may be subject to additional fees.

  2. Private Offices: Private office hours for Virtual Office products are not cumulative, nor can they be transferred in any way, and cannot be carried over to future months or used for board rooms. Private office assignment is at the sole discretion of CVSO and all usage subject to the CVSO Serviced & Virtual Office Agreement, which are available upon request.

  3. Centre Property: The Client must take good care of all parts of the Business Centre, its equipment, fittings, and furnishings that they use. During the occupied period, the occupant will pay the cost of all repairs for any damage done to the premises by themselves, their guests or any agents that they hire. If CVSO makes repairs on behalf of the occupant, the cost of the repairs will be added as an additional cost to the following months invoice.

  4. Entrances and Exits: The Client shall not leave open any corridor doors, exit doors or door connecting corridors during or after business hours. For security purposes and if the Client does so, it will be at the Client’s own risk. All corridors, halls, elevators and stairways shall not be obstructed by the Client or used for any purpose other than egress and ingress. The Client can only use public areas with the consent of CVSO and those areas must always be kept neat and attractive.

  5. Name and Address: At the Client’s request and cost, CVSO is happy to include the Client’s name in the office directory at the Business Entry, where this facility is available. The Client must not use the name CVSO in any way in connection with their business. The Client may not use the Business Centre as the Client’s registered address for service of process.

  6. Phone Number: The Client agrees that the phone number(s) assigned to Client are for Client’s use during the term of Client’s agreement. The phone numbers remain the property of CVSO and the Client has no contractual or vested interests in the present telephone service, telephone service or telephone numbers provided by CVSO.

  7. Employees and Guests: The Client’s employees and guests shall conduct themselves in a business-like manner; proper business attire shall be worn at all times; the noise level will be kept to a level so as not to interfere with or annoy other Clients and the Client will abide by CVSO’s directives regarding security, keys, parking and other such matters common to all occupants.

  8. Equipment: The Client shall not, without CVSO prior written consent, store or operate in their office(s) or the Business Centre(s), any computer (excepting a personal computer) or any other business equipment. Additionally, the Client must not conduct a mechanical business therein, do any cooking therein, or use or allow to be used in the building where the Business Centre is located, oil burning fluids, gasoline, kerosene for heating, warming or lighting. No article deemed hazardous on account of fire or any explosives shall be brought into the Business Centre. No offensive gases, odours or liquids shall be permitted. No weapons concealed or otherwise shall be permitted. The Business Centre is intended to be used solely for office use.

  9. Common Areas: The Client may not conduct business in the hallways, reception area or any other area except in the Client’s designated office without the prior written consent of CVSO.

  10. Animals: The Client shall bring no animals into the Building other than certified assistance animals which are being used solely for the purposes of such certification.

  11. Mail Acceptance Policy: Client releases CVSO from any liability arising out of or incurred in connection with any mail or packages received on the Client’s behalf.

  12. Soliciting: Canvassing, soliciting and peddling in the Building are prohibited and the Client shall not solicit other Clients for any business or other purpose without the prior written approval of CVSO.

  13. Property: All property belonging to the Client or any of the Client’s employee, agent or invitee shall be at the risk of such person only and CVSO shall not be liable for damages thereto or for theft or misappropriation thereof.

  14. Company Name Change: If there is a need to change the name of your company, requests must be made in writing and addressed to the Centre Manager or General Manager. Please note that these requests should be accompanied by the appropriate supporting paperwork and will be processed within 10 days from the beginning of the next calendar month. Failure to provide paperwork supporting the name change will delay processing. Any invoices prior will be in the current company name and cannot be changed.

  15. Harassment: The Client or the Client’s officers, directors, employees, shareholders, partners, agents, representatives, contractors, Clients, or invitees shall be prohibited from participating in any type of harassing, discriminatory or abusive behaviour to CVSO team members, other Clients or invitees, verbal or physical in the Business Centre for any reason. Any breach of this rule is a material breach of your agreement (not capable of remedy) and your agreement may be terminated immediately, and services will be suspended without further notice.

  16. Smoking: Smoking shall be prohibited in all public areas, including conference and training rooms. No smoking shall be permitted at any time in any area of the Business Centre (including open offices).

  17. Office Services: CVSO is happy to discuss special arrangements for the use of the facilities outside the Business Centre standard business opening hours or, the standard working days where the Business Centre is located. There may be an additional charge for such special arrangements. This can be discussed at the time of arrangement.

  18. Pay-As-You-Use Services: All of the pay-as-you-use services are subject to the availability of the Business Centre staff at the time of any service request. CVSO will endeavour to deal with a service request at the earliest opportunity and provide the additional service the Client requires, but CVSO will not be held responsible for any delay.

If in CVSO’s opinion, CVSO decides that a request for any pay-as-you-use service is excessive; CVSO reserves the right to charge an additional fee at CVSO’s usual published rates based on the time taken to complete the service. This will be discussed and agreed between CVSO and the Client at the time the Client makes such request.

  1. Main Line Answering: Main Line Answering Service for any of the Virtual Office products is not intended for main sales lines which would require our teams to help in the sales process of a Client's service or product and/or main Client support lines such as call centre usage or issue resolution hotlines which would require our teams to perform high volume call answering or providing issue resolution for a company other than our own.

  2. CVSO Serviced Agreement: CVSO may transfer the benefit of your agreement and our obligation under it at any time. This clause reflects the fact that the Client is taking a serviced office agreement and not a lease and that CVSO retains overall control of the Business Centre. The Client has no real-property or commercial property interest of any kind in the building where the Business Centre is located. Where the Client is a company and it merges with another or the Client needs to allow an affiliate to use the services provided under the Services Agreement, The Client will explain the need for any change to CVSO and CVSO will give careful consideration in each case. CVSO needs to make sure CVSO knows and is satisfied with the identity of each occupant of the Business Centre.

  3. Data Protection: Client agrees that we may process, disclose or transfer any personal data which we hold on or in relation to the Client provided that in doing so we take such steps as we consider reasonable to ensure that it is used only

To fulfil our obligations under your agreement;

For work assessment and fraud prevention; or

To make available information about new or beneficial products and services offered by us and other organizations which we consider may be of interest to Client.

  1. Intention To Leave: Upon the ending of the agreement the Occupant agrees to leave the premises clean, in good order and repair and substantially the same condition at the time of the commencement of this agreement, excluding reasonable wear and tear. We require at least 21 days’ notice to vacate.

  2. Subordination: This agreement is subordinate to CVSO lease with CVSO landlord and to any other agreements to which CVSO’ lease with the landlord is subordinate.

  3. Applicable Law: The present T&C’s shall be governed by the law of the place where the relevant centre is located. CVSO and the Client both accept the exclusive jurisdiction of the courts of such jurisdiction. If any provision of these rules is held void or unenforceable under the applicable law, the other provisions shall remain in force.

  4. Termination: 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 Client physically situated on any premises of the Landlord:

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

Where the Client 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

Upon the Client 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.

Fees

  1. Payment Date: Outstanding invoices are due on the first of each month by direct deposit, Partial months will be pro-rated.

  2. Recurring Services: The standard fee and any fixed, recurring services requested by the Client are payable in advance, by the 1st day (or such other day as CVSO designates) of each month following the date the Client receives their bill. The configuration and engineering fee as stated in our published rates will be billed upon activation of applicable CVSO IT and Voice solutions. Where a daily rate applies, the charge for any such month will be 30 times the standard fee. For a period of less than a month the standard fee will be applied on a daily basis. Recurring services will be provided by CVSO at the specified rates for the duration of your Agreement (including any renewal). If Client has a need to cancel a recurring service, they may request this at any time up to the notification due date of the agreement. The cancellation will be applied from the first day of the renewal start.

  3. Variable Services: Fees for pay-as-you-use services, plus applicable taxes, in accordance with our published rates which may change from time to time, are invoiced in arrears and payable on the 1st day (or such other day as CVSO designates) of the month following the calendar month in which the additional services were provided. For Client’s convenience, the Service Price Guide, which may change time to time, list many commonly requested services and their costs. If you require a service not shown in the Service Price Guide, such as postage, shipping labels, courier or overnight delivery services, please ask a centre team member for the cost as it may include a convenience and administrative fee. Additional services are subject to the availability of CVSO centre staff to accommodate such requests at the time each such request is made.

  4. Late Payment and Penalty: All invoices are due upon receipt and should be paid no later than the 1st of each month. If the Client does not pay fees when due, a service fee of $25 plus 5% penalty will be charged on all overdue balances under $1,000. For balances equal to or greater than $1,000 a fee of $50 plus 5% penalty will apply. Late fee dates will vary based on the type of service/invoice that is provided. At any time, the Client may ask the centre team on what date a late fee will be assessed. If the Client disputes any part of an invoice, the Client must pay the amount not in dispute by the due date or be subject to such late fee and penalty. CVSO also reserves the right to withhold services (including for the avoidance of doubt, denying the Client access to the Client’s accommodation) while there are any outstanding fees, penalties and interest or the Client is in breach of the Service Agreement which, for the avoidance of doubt, includes these T&C’s.

  5. Liability for Services: Client is liable for all fees and any other amounts for which services are requested or rendered regardless of whether a payment made by any particular medium is declined or rejected in whole or in part. If requested by CVSO, Client will immediately pay by an alternate form of payment that CVSO accepts.

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