PROVIDER TERMS & CONDITIONS.
Introduction: By using this website, you agree to these terms and conditions. If you do not accept these terms, please do not accept the introduction, and stop using the website. The website and services contained herein are provided by officebroker.io, owned by Julian Hindley, which connects providers of office spaces with users.
This website is provided by officebroker.io, a trading style of Julian Hindley. Our Site allows providers of office space (Provider) to list details about the office space they have available (Space) and allows Users to search for available Spaces.
1. Definitions
1.1 Fee: any charges invoiced by us to a Provider following the execution of a Licence Agreement with a Client of whom we have made an Introduction or following an extension of a Licence Agreement in whatever form.
1.2 Licence Agreement: an agreement for the use of any Space entered by a Client and a Provider following an introduction from us.
1.3 Listing(s): any listing on the Website uploaded by us on behalf of a Provider.
1.4 Quote: a proposed quote for booking a Space provided by the Provider to a Client through us.
1.5 Space: commercial office space for flexible or semi-permanent working.
1.6 ‘officebroker.io’ ‘we’ ‘us’ ‘our’: the company that provides the Services and runs this Website is https://officebroker.io
1.7 Content: any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other information capable of being stored in a computer that appears on or forms part of this Website. 1.8 Provider: Commercial Landlord for flexible or semi-permanent workspace.
User or Users: means any third party that accesses the Website and is not either
(i) employed by us and acting in the course of their employment or
(ii) engaged as a consultant or otherwise providing services to us and accessing the Website in connection with the provision of such services.
General Terms:
2.1 Fees will be raised immediately following the execution of any Licence Agreement within six months of introduction.
2.2 Providers shall promptly advise us of any required change to the Fees due to us in respect of the Space including all and any temporal and spatial extensions.
2.3 All Fees are to be paid upfront on completion of the Licence Agreement.
2.4 The Provider must also indemnify, defend, and hold harmless us against all losses that we incur or suffer however, arising because of or in connection with the Provider’s breach of the warranties set out herein.
2.5 Providers will not attempt to circumvent us by entering into a Licence Agreement directly with a client that you were introduced to by us.
2.6 If the Provider fails to make any payment of the Fees due to us by the due date for payment, then the Provider shall be required to pay interest on the overdue amount at the rate of 8% per cent per annum above the Bank of England base rate as updated from time to time. Such interest shall accrue daily from the due date until the actual payment of the overdue amount, whether before or after judgment. The Provider shall pay the interest together with the overdue amount.
2.7 If a Licence Agreement is terminated earlier than six months the Fee Structure shall begin afresh.
3. Intellectual Property and Acceptable Use
3.1 All Content included on this website is the property of their respected owners/creators, our affiliates or other relevant third parties. In these terms and conditions. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of us or its respected owners/creator. By continuing to use this website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission. All rights reserved.
4. Warranties & Guarantee
4.1 We do not own or manage, nor do we contract for, any Provider or Space listed on our website. We do not in any way endorse or guarantee a Space, nor do we make any warranty or representation about the Space.
3.1 We do not own or manage, nor do we contract for, any Provider or Space listed on our website. We do not in any way endorse or guarantee a Space, nor do we make any warranty or representation about the Space.
4. Limitations and Exclusions of Liability
4.1 Nothing in the Agreement will:
4.2 Limit or exclude the liability of a party for death or personal injury resulting from negligence.
4.3 Limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party.
4.4 Limit or exclude any liability of a party under Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Service Act 1982.
4.5 Limit any liability of a party in any way that is not permitted under applicable law.
4.6 Exclude any liability of a party that may not be excluded under applicable law.
4.7 The limitations and exclusions of liability set out in this Clause [4] and elsewhere in the Agreement.
4.8 Are subject to Clause [4.1].
4.9 Govern all liabilities, including liabilities arising in contract, tort (including negligence) and for breach of statutory duty.
4.10 Govern all liabilities arising under the Agreement or concerning the subject matter of the Agreement.
4.11 We will not be liable in respect of any loss of profits, income, revenue, use, website traffic, website ranking within search engines, quality score, production, anticipated savings, business, contracts, goodwill, or commercial opportunities.
4.12 We will not be liable for any loss of business, contracts or commercial opportunities, any loss or corruption of any data, database, software or any special, indirect, or consequential loss or damage.
5. Confidentiality
5.1 We undertake not to disclose any confidential information regarding the business of any Client or Provider to third parties except as provided for under these Terms. However, we may disclose your Confidential information:
5.2 To our employees, officers, representatives, subcontractors, or advisers who require such information for carrying out their obligations under these Terms.
5.3 As may be required by the law of a court of competent jurisdiction or any governmental or regulatory authority.
5.4 We may use your personal information in our provision of services to you. Please see our Privacy Notice for details of how your personal information will be used.
6. General
6.1 You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
6.2 These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the current version.
6.3 These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place concerning the terms and conditions.
6.4 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions, and no third party will have any right to enforce or rely on any provision of these terms and conditions.
6.5 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
6.6 These terms and conditions and your use of this website are governed exclusively by English law, and any disputes arising from or in connection with these terms and conditions and your use of this website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
6.7 Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
6.8 You must be at least 18 years old to use this website.
7. Website
7.1 We may, from time to time, temporarily suspend the operation of our website with or without prior notice, either wholly or in part repair or maintenance work or to update or otherwise improve its content, features, or functionality.
7.2 We assume no responsibility for the content of third-party websites or for any losses which may arise out of the use of a third-party website. The presence of a link to a third party does not necessarily mean that we endorse that site or have or have not any association with the proprietor of that website.
7.3 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, if requested in writing by us, links must be removed within 24 hours.
7.4: You are not permitted to establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
7.5 You are not permitted to establish a link to our website on any website that is not owned by you.
7.6 You are not permitted to frame our website on any other website, nor create a link to any part of our website other than the home page.
7.7 You are not permitted to link from any website that contains fraudulent, false, misleading, or deceptive information; or defamatory, libellous, obscene, pornographic, vulgar, or offensive content; or promotes discrimination, racism, hatred, harassment, or harm toward any third party; or promotes violence or actions that are threatening to any third party; or promotes illegal or harmful activities.
8. Viruses and Maintenance
8.1 We do not warrant or guarantee that our websites are free of errors, viruses, Trojan horses or other destructive or contaminating components or content. We provide no warranty or guarantee that our websites are compatible with your computer equipment and are under no obligation to do so.
8.2 We will not be held liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website, the downloading of any content, or on any Websites linked to it.
8.3 You are responsible for configuring your information technology, computer programs and platform to access our website. You should use your virus protection software.
8.4 You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.
9. Disclaimer
9.1 Whilst reasonable care is taken to ensure that the information contained on this website is accurate, we cannot guarantee its accuracy and we reserve the right to change the information on this website (including these terms and conditions) at any time without notice. You must check these terms and conditions for changes each time you intend to use this website.
10. Termination of Agreement
10.1 These terms and conditions shall be terminable with immediate effect by either party on given written notice.
10.2 Once an agreement is terminated, conditions related to fees due for introduced customers shall still apply.
11. Change of Ownership/Insolvency
11.1 In the event of a sale or insolvency, the commission payable by these terms and conditions shall be due and payable in full.
11.2 The Operator is responsible for advising us in writing regarding a change of ownership to ensure the new owners are aware of future commission payment obligations.
11.3 If a subsequent owner does not agree to cover the remaining commission obligations, those payments will be due from the vendor.
12 Effective Payment Protection
12.1 When the same lead has been supplied by more than one agent, the agent who arranges the viewing and that viewing is kept shall receive the fees. If an agent does not arrange a viewing, the first agent to make the referral secures the fee.
12.2 Fee Structure based on the total value of the Licence Agreement.
12.3 Should a Licence Agreement be terminated earlier than the initial fixed term, then the Provider shall be entitled to a pro-rata refund of our fee if evidence of the termination of the Licence Agreement has been reviewed and approved by us.
12.4 Should license fees from a particular customer increase or decrease during the term of the agreement, it is the responsibility of the Operator to inform us in writing so invoices can be adjusted accordingly.
12.5 The Provider acknowledges that if it is contacted by us on behalf of a client concerning a Space this constitutes an introduction (“Introduction”). Once an Introduction has taken place, should the Client book a Space with the Provider within six months of any Introduction our Fee Structure will apply as outlined below:
(i) (1-12 months = 10% of the total value of the Licence Agreement plus VAT)
(ii) (13-24 months = 2% of the total value of the Licence Agreement plus VAT)
(iii) (24+ months = 0% of the total value of the Licence Agreement plus VAT)
13. Effective Liability Cover:
13.1 The Provider’s breach or negligent performance or non-performance of any obligations under these Terms.
13.2 Any claim made by a Client or any third party arising out of or in connection with the provision of the Space by the Provider, to the extent that such claim arises.