In these Conditions:
“LBC” means Liscard Business Centre.
“The Customer” means the company, partnership, sole trader or business who agrees to use the facilities or services of LBC.
“You” means the company, partnership, sole trader or business who agrees to use the facilities or services of LBC.
“Tenant” means the company, partnership, sole trader or business as named in Section 2 of the License.
“Property” means the premises known as the Liscard Business Centre, The Old School, 188 Liscard Road, Liscard, Wirral, CH44 5TN.
“The Services” means any service provided to the Customer, by LBC in accordance with the terms of this agreement.
“The Price” shall mean the cost of the service.
“Written” or “Writing” shall mean all correspondence whether in letter format or via email.
“Hirer” shall mean any company, partnership or sole trader
“Serious Breach” means any act which breaches a party’s statutory obligations or involves fraudulent acts.
Reference to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors thereof.
3. Formation of the Contract
These Conditions and the content of LBC’s Licences form the whole agreement between LBC and the Customer. No other express terms, written or oral shall be incorporated into the contract.
Any modification to this agreement must be made in writing and signed by both parties.
These Conditions override any other terms which the Customer may subsequently seek to impose.
Any statement by an employee or representative (other than a director) of the Company to:
- vary any of these terms or introduce any other terms, written or oral, into the contract;
- give any advice, make any representation, agree any condition precedent or enter into any collateral contract;
- give any guarantee;
Shall not be binding on the Company unless confirmed by the Company in writing and signed by a director.
For the purpose of this Agreement, time is not of the essence and the Company shall not be liable for any loss or damage suffered by the Customer as a result of Services being delayed or postponed for any reason.
7. Vat Number 854 9127 02
The price of the Services will be as set out in LBC price list.
If it becomes apparent that the price quoted is going to alter then you will receive notification in writing. In the event that you do not agree then additional costing then LBC will be unable to continue to provide the service beyond the period you have already paid for.
All prices will be subject to VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, LBC will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
All invoices will be due for payment on the 1st
of each month.
Payments in relation to office space rental are to be made by Direct Debit.
All other services will be invoiced for payment by bank transfer, or Direct debit.
Any amounts that remain outstanding beyond 30 days from the date of the invoice will be subject to interest. Without prejudice to any other right or remedy that the Company may have, the Company may charge interest on the balance outstanding at an annual rate of 4% above the base rate of the Bank of England from time to time, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any Judgement and the Company may claim Interest under the Late Payment of Commercial Debts (interest) Act 1998.
Any property rights, title or ownership in any property or materials owned by LBC shall not pass to the Customer under any circumstance.
11. Office facilities
LBC offers serviced offices in accordance with the terms of the Licence. Some offices are furnished however it should be clarified with LBC prior to entering into an agreement whether the particular office that you will occupy is furnished.
LBC and the Customer will agree the rooms that have initially been located for your use. Occasionally LBC may need to allocate different rooms at their absolute discretion. LBC ill use best Endeavors provide rooms of an equivalent size in such circumstances.
A deposit equivalent to one month’s rent (subject to a minimum of £250.00) will be taken from all Tenants prior to them occupying any office space. This is to cover any damage that the tenant, the tenant’s employee or any visitor shall cause to the property of LBC.
The Deposit will be refunded within 14 days of the Tenant leaving the property provided that there has been no damage caused.
LBC has the right to deduct from the deposit any amounts that the Tenant owes in relation to services, costs of redecoration to rectify alterations and/or damage and/or costs of replacing any missing property before returning any balance to Tenant.
Serviced offices are provided for a minimum term of three months in accordance with the Licence. This if followed by a rolling three monthly Licence.
One month’s written notice is required if the Licence is to come to an end.
You will be asked to sign an inventory of all accommodation, furniture and equipment you are permitted to use, together with a note of its condition and details of the keys or entry cards issued to you.
Nature of Business
You must only use the accommodation for office purposes and for only the business stated in your agreement or subsequently agreed in writing with LBC.
If a Customer is to occupy office space on the ground floor within the premises of LBC, then their business name will be placed upon the doors to the offices that they occupy. The lettering will be in a generic font to be decided upon by LBC. The Logo of the business or any additional signage will not be permitted. You will be charged a fee of £15.00 plus VAT for installation of the same.
Access to building
Tenants will have access to the building 24 hours per day, 7 days per week. They are responsible for ensuring that the property is left secured at times when LBC is not open for business.
In the event that you cause the alarm on the property to trigger, then you are required to telephone the Key holder within 5 minutes to confirm that there has been a false alarm.
In the event that you do not make this telephone call within 5 minutes of triggering the alarm, the Key holder will attend the property and the LBC will incur a charge that you will become responsible for. This charge will become immediately payable by you upon demand.
Access to office space
LBC retains the right to access any part of the building freely and unhindered. This means that they will have access to all offices and have the free right to enter all offices without notice.
It is the responsibility of the tenant to ensure that any personal or sensitive material is cleared away so as to not result in any data protection issue.
12. Additional Services for Tenants
All Tenants will have the option to use the facilities of LBC which include:
- Internet services
- Meeting rooms
- Reception call answering
All of these services will attract additional fees as set out within the price list of LBC.
LBC makes no representations as to the availability of these services and accepts no liability for any loss or otherwise suffered as a result of a service not being available.
13. Services for non-tenants
LBC offers the following facilities to Customers who are not occupying office space within the property:
Virtual office facility
This services provides the customer with the use of LBC address which can be used for the purposes of mail. Any post received at LBC will be available for collection by the Customer or will be posted to them at a further address to be provided at their own additional cost.
Users of this service will pay the charges as set out in LBC price list and will be required to remain in credit at all times and use of the service may be suspended if credit is not maintained. This service is not for parcel deliveries which will be charged extra.
LBC reserves the right to terminate this service by providing 14 days’ notice in writing to the Customer.
Meeting Room Hire
Both Tenants and non-tenants can book meeting rooms within the property of LBC for hire. All bookings will be treated as provisional until payment has been received.
All prices are as set out in LBC’s price list.
The hirer shall not use the rooms for any purpose other than that described on the booking form. The hirer shall not sub-hire or allow the rooms to be used for any unlawful purpose or in any unlawful way. The hirer shall not do anything which may endanger LBC, it’s reputation or any of its occupants.
Any booking which is cancelled less than 24 hours prior to the commencement of the meeting will result in the full fee being retained.
Refunds will be provided if the booking is cancelled prior to the 24 hour deadline.
The hirer is required to make themselves and guests aware of and adhere to all health, safety and fire regulations at LBC.
LBC offers Customers a single shelf workspace which can be hired for one day at a time. The Customer will have access to the internet but no computer or telephone facilities will be provided.
Reception call answering
LBC offers a telephone answering service to both tenants and non-tenants.
The service will attract a monthly fee which will be dependent on the volume of calls to be answered. Details of the pricing structure is contained within LBC Price list.
The service means that calls not answered by a Customer / Tenant will then be directed to LBC who will answer the call, take a message and communicate the details back to the Customer / Tenant.
LBC cannot guarantee that a particular degree of availability will be attained in connection with your use of any services and accepts no liability whatsoever for any losses incurred as a result of a service being unavailable.
The Customer warrants to the Company that any provision of services will not infringe the rights of any third party.
13. VOIP Telephones
No Tenant, Customer or Hirer is permitted to plug a Voip Telephone into any internet connection within the property.
It is your responsibility to arrange insurance for your own property which you bring into LBC and for your own liability to your employees and to any third parties.
This agreement shall continue until the services have been provided or until terminated in accordance with this agreement.
Without prejudice termination would be immediate if:
- either party commits a serious breach of the terms of this agreement;
- either party commits a breach of this agreement which cannot be remedied;
- the Customer, as a company becomes insolvent in accordance with Clause 16 of this document.
All notices to terminate must be provided in writing.
Any party wishing to end their license to occupy office space at LBC must provide one clear calendar months’ notice (once outside of the initial 3 month period).
Any party wishing to terminate the use of a phone of internet line must provide one clear calendar months’ notice.
Any party wishing to terminate the use of virtual office facilities at LBC must provide one clear calendar months’ notice.
Any party wishing to terminate the use of Reception call answering facilities must provide one clear Calendar months’ notice.
All other terminations and cancellation require 24 hours’ clear notice.
16. Disclaimers and Exclusions
LBC shall have no liability in contract or in negligence or otherwise for consequential loss, indirect loss, or economic loss, howsoever arising. This exclusion would include but is not limited to loss of profit, loss of contracts, and damage to the property of the Customer or a third party.
The provisions of Clause 15 do not apply to the following:
- to claims for death or personal injury to persons arising out of LBC’s negligence.
- to claims for breach of warranty of title implied by law.
- to claims for related fraudulent activity or activities.
The Customer shall indemnify LBC against any loss or damage which results from the Customer’s breach of this agreement or failure to abide by any of its terms.
18. Force Majeure
Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
19. Warranty of Contractual Capacity
Both parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
20. Governing Law
This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
If the Customer, being a company,
- has a petition presented for its winding up; or
- passes a resolution for voluntary winding-up (other than for the purpose of a bona fide amalgamation or reconstruction); or
- centers into a voluntary arrangement with its creditors; or
- becomes subject or an administration order; or
- Being an individual or firm;
- becomes bankrupt or insolvent; or
- enters into a voluntary arrangement with creditors;
Then LBC shall be entitled to treat the contract as being at an end or suspend any further deliveries under the contract. If the Services have been provided but not paid for, the price shall become due and payable immediately regardless of any previous agreement to the contrary.
If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.
If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
23. Data Protection
You agree that we may process, disclose or transfer any personal data which we hold on or in relation to you provided that in doing we take such steps as we consider reasonable to ensure that it is used only:
- To fulfill our obligations under your agreement.
- For work assessment and fraud prevention.
- To make available information about new or beneficial products and services offered
Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
LBC may transfer its rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if LBC agrees that you may do so in writing.
Nothing in this contract is intended to, or shall be deemed to, establish any partnership or joint venture between you and LBC.
LBC reserves the right to bring any action which arises out of your failure to comply with the obligations set out within the terms of this agreement at any stage up until the statutory limitation period. Should LBC require recourse against you beyond the statutory limitation period then an application would be required for permission from the Court.
If we do waive a default of this agreement by you, we will only agree to do so in writing.
No Customer, Tenant or Hirer shall hold themselves out to be LBC.
All copyright notices, licence terms and other notices appearing on screens or as part of any published material must be complied with at all times.
If any dispute arises out of this agreement the parties will try to settle it by mediation.
To initiate mediation one part must give notice in writing to the other requesting mediation.
Unless agreed otherwise between the parties, the mediation will commence not later than 28 days after the notice is provided.
No party shall commence Court proceedings in relation to any dispute arising out of the terms of this agreement until it has attempted to settle the dispute by way of mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to commence legal proceedings will not be prejudiced by delay.