INTRODUCTION
We provide virtual office services, details of which may be found on our website currently located at www.enterprisehousemalton.co.uk
Any order for virtual office services that you place with us, whether via our website or via telephone will be governed by these terms and conditions. Please read these Terms and Conditions carefully
- DEFINITIONS
1.1 In these Terms and Conditions the following words and phrases shall have the following meanings:
“Acceptance Date” the date of written (whether printed or electronic) acceptance of your Order by us;
“Address” Enterprise House, 17 Cherry farm Close, Malton, YO17 6AS
“Agreement” this agreement comprising these Terms and Conditions and the contents of any Order Form;
“Fees” our fees shall be set out on the Website or notified to you from time to time;
“Mail Forwarding Services” such mail forwarding services as may be offered on the Website from time to time which may include, without limitation, and subject to the terms and conditions set out in this Agreement: (i) permission to use the Address as your trading address and/or private address and/or registered office and/or director service address; (ii) receipt of mail delivered to you at the Address on your behalf and onward forwarding of that mail to such address as may be designated by you; (iii) signing for recorded mail delivered to you at the Address;
“Meeting Room Services” such meeting room access as may be offered on the Website from time to time shall be subject to the terms and conditions set out in this Agreement for furnished and serviced offices for your use;
“Order” your order for Virtual Office Services placed in accordance with Clause 2 below;
“Order Form” any online order form completed by you and submitted as part of an Order or any record completed by us of a telephone Order placed by you;
1.2 In the event of any conflict between these terms and conditions and any terms and conditions appearing on an Order Form, these terms and conditions shall prevail.
1.3 In this Agreement:
(a) references to “we” and “us” shall be deemed to be references to Harrison |Property Holdings (Malton) Limited, a company registered in England and Wales under company number 14121463 of registered office 17 Cherry farm Close, Malton, YO17 6AS
(b) references to any legislation shall include any statutory, or other re-enactment or modification thereof (whether before or after the date of this Agreement);
(c) where the context requires, words denoting the singular include the plural and vice versa and words denoting any gender include all genders;
(d) references to Clauses are to Clauses of this Agreement;
(e) references to parties include references to their respective successors in title, permitted assigns and novatees;
(f) references to persons includes any person, firm or company or group of persons or unincorporated body;
(g) references to “writing” shall include electronic text, including, without limitation, email.
- ORDERS AND ACCEPTANCE
2.1 Each Order for Enterprise House shall be governed by a separate agreement comprising:
(a) your Order Form; and
(b) these Terms and Conditions.
2.2 Your Order will only be valid if placed via our online ordering procedure (currently accessible at www.enterprisehousemalton.co.uk) or via telephone on 01653 693097. By placing an Order, you agree to be bound by the Terms and Conditions.
2.3 We shall accept Orders at our absolute discretion.
- REGISTRATION
3.1 When you register with the Website you warrant that you are over eighteen years of age.
3.2 You warrant that any information you provide to us about yourself upon registration or at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date at all times.
- TERM
This Agreement shall commence on the earlier of the Acceptance Date or the date on which we commence providing the Enterprise House Services to you and shall continue unless and until terminated by either of us in accordance with this Agreement.
- PROVISION OF SERVICES
In consideration of and conditional upon payment of our Fees, we will provide you with Mail Forwarding Services and/or Meeting Room Services in accordance with your Order which shall include:
Mail receipt and holding or Mail forwarding services, a licence to use the Address for your trading address and/or registered office address and/or director service address (depending on your Order)
- FEES AND PAYMENT
7.1 All Fees are subject to change from time to time. We will endeavour to notify you in advance of any change in the Fees applicable. Special offers as advertised on the website from time to time are exclusively for new clients only and for the avoidance of doubt are not available to existing clients.
7.2 Unless impracticable, or unless we agree otherwise in writing with you, we will issue invoices in respect of all fixed Fees monthly in advance and all usage dependent Fees the next working day, following use. All invoices are, unless expressly stated otherwise on the invoice, due and payable immediately by debit card or credit card. You will be charged on a pro rata basis until the end of the calendar month in which your Acceptance Date falls. Thereafter you will be charged on the first day of each calendar month. All amounts payable under this Agreement are stated exclusive of VAT of 20% and other taxes which shall be added to invoices and payable at the then current rate.
7.3 You agree to and authorise us to make automatic debit payments by debit card or credit card for UK clients or by debit card on the due date in satisfaction of our invoices, either by completion of an appropriate form in a manner required by us or by telephone authorisation (whichever we, in our absolute discretion, request). If you do not provide such authorisation, we shall not provide you with any Services except with our prior written agreement.
7.4 In the event that we are unable to take payment from your debit card, credit card or direct debit for any reason other than the genuine expiration of the card or change of bank, we reserve the right to charge £25 to cover our administrative costs. This amount will be automatically added to your next invoice. In the event of a chargeback, an incident report will automatically be relayed to our legal dept; as this is a mandatory requirement under our industry regulations; and may be reported to the authorities as an act of fraud; if we are unable to resolve the matter within 7 days.
7.5 If, for whatever reason, you do not make payment in full of any Fees on the due date, we reserve the right:
(a) on notice in writing (including email) to you to suspend provision of the Enterprise House Malton Services until such time as payment is made in full; and
(b) to charge interest on all unpaid sums outstanding at the rate of 15% per annum above the base rate of Barclays Bank Plc (or its successors) in force at the due date and such interest will be applied cumulatively from such date until the date of actual payment.
- CHANGES TO YOUR DETAILS
Subject to payment of such additional Fees as we consider appropriate, you may amend the address to which we forward your mail under our Mail Forwarding Services, provided that you give us at least 30 days notice in writing of such change.
- LIMITATIONS AND RESTRICTIONS ON THE ENTERPRISE HOUSE OFFICE SERVICES
(a) Unless otherwise agreed with you in advance in writing when using the mail forwarding services:
(i) all mail delivered to you at the Address will be forwarded by second class Royal Mail (as well as second class in the case of packages and parcels) to the address designated by you in your Order as soon as reasonably practicable upon delivery to the Address. A £1 per item charge will be added to the Royal Mail retail cost of postage.
(ii) we will be unable to sign for or forward mail delivered to you at the Address at any time other than 9:00 am to 4:00 pm Monday to Friday, excluding bank holidays.
(iii) mail delivered to you at the Address will not be made available for collection, but will be forwarded as set out in Clause 9.2(a) above.
(b) In the event that mail delivered to you at the Address is not marked in such a way that we are able to ascertain from the outside packaging that it is intended for you, we reserve the right to open such mail to determine for whom it is intended.
(c) In the event that you believe we have failed to forward mail sent to you at the Address in accordance with this Agreement, you must notify us and the sender in writing as soon as reasonably practicable upon becoming aware of the same and, in the event that we have received such mail and not forwarded it, we will forward it to you (we accept no liability for mail that you cannot prove has been delivered to the Address and, for the purpose of this Clause, proof of postage of mail sent to you at the Address shall not constitute proof of delivery).
(d) All risk in mail delivered to you at the Address shall pass to you immediately upon delivery to the Address and it is your sole responsibility to arrange for appropriate insurance cover from such time.
(e) We reserve the right in our absolute discretion to withhold from forwarding and/or to pass to any relevant authority, including Trading Standards, HM Revenue and Customs and the police, any mail delivered to you at the Address, without notice to you.
(f) You will not arrange for or permit the delivery of any noxious, harmful, deteriorating or dangerous substances to the Address and, in the event that we have reason to believe that any mail item delivered to you at the Address is or may be, in any way, noxious, harmful, deteriorating or dangerous, we reserve the right to dispose of such mail item as we see fit.
(g) We reserve the right at our sole discretion to charge a £5 handling fee for all packages and parcels which weigh up to 10kg and including any items of post that require physical signing. We reserve the right to charge a £5 admin fee for all visitor enquiries. We reserve the right to charge a £1 per page admin fee for all scan to email items.
(h) We reserve the right, at our sole discretion and on notice in writing to you, to refuse delivery of and return to the sender (at your sole cost) or to withhold from forwarding any mail items delivered to you at the Address that are above 10kg in weight or larger than 50cm in length or larger than 1 metre in girth or multiple items in one delivery or multiple deliveries such as mail promotion, marketing promotion and mail order commercial activities. In the event that we withhold such items from forwarding, we reserve the right to charge you a storage fee pending collection by a courier nominated by you or delivery by us on such terms as may be agreed.
(i) In the event that, for whatever reason (including, without limitation, as a result of any marketing or promotional campaign) you envisage a material increase in the volume of mail delivered to you at the Address, you will notify us in writing as soon as you become aware of the circumstances likely to give rise to such change in volume.
(j) You may not use the Address for the purposes of registering with the UK electoral register.
(k) You may not use the Address for the purposes of attending, procuring or conducting meetings with any persons whatsoever, for attracting persons to the Address and, for security purposes, you must not carry or use photographs of the building at the Address.
(l) You may not use the Address for your personal purposes.
(m) When disclosing the Address to any third party (including in advertisements) you may not add any additional information, including but not limited to floor or studio numbers for any purposes.
9.3 Meeting Room Services
(a) The Meeting Room Services are provided Enterprise House Malton, by using those Services, you agree to abide by such terms and condition, the current version of which are located at www.enterprisehousemalton.co.uk.
- CONTACT DETAILS AND AMENDMENTS
10.1 You must notify us immediately in writing if there is any change to your contact details as set out in your Order or to the debit card, credit card or direct debit details provided to us.
10.2 Save as may be expressly provided elsewhere in this Agreement, we reserve the right to amend the Terms and Conditions from time to time without notice to you and you agree to be bound by any such changes in your subsequent use of the Enterprise House Malton Services. We therefore recommend that you review the Terms and Conditions from time to time.
- WARRANTY
11.1 You warrant that you will not use the Enterprise House Malton Services for any unlawful, fraudulent or immoral or similar purposes or in connection with any business that is in breach of any applicable legislation (primary and subordinate), rules, regulations or orders of applicable authorities or in competition with the Services offered by us.
11.2 You will not during or after the term of this Agreement carry out any act or make any omission (whether in respect of use of the Address and/or any Number allocated to you under this Agreement or otherwise) that may damage the goodwill or reputation of the Address and/or the Number and/or our business or may bring the Address and/or the Number and/or our business into disrepute
- INDEMNITY
You agree to indemnify and keep us indemnified against all actions, claims, proceedings, costs, damages and expenses (including, without limitation, legal fees) arising out of the breach of any of the warranties contained in Clause 3 and Clause 11.
- TERMINATION
13.1 We may immediately terminate this Agreement at any time by notice in writing to you if:
(a) we suspect that you are or may in the future use the Enterprise House Malton Services in breach of the warranties set out in Clause 3 and Clause 11 above;
(b) you are in material breach of any of your obligations under this Agreement which you have failed to remedy (if remediable) within 21 days of written notice requiring you to do so; or
(c) you are or become unable to pay your debts as they fall due or suspend or threaten to suspend payment of your debts, if a trustee, administrator or other receiver or encumbrance is appointed or takes any steps with a view to taking possession of all or any part of your assets, you are or become insolvent or convene or propose to convene a meeting of your creditors or any steps are taken concerning your insolvency or any similar steps are taken in respect of your bankruptcy or insolvency.
13.2 Either party may terminate this Agreement on no less than 30 days notice in writing to the other for monthly accounts. Annual accounts and special offers are subject to a 12 month period of service.
13.3 Termination shall be without prejudice to the accrued rights of the parties as at the date of termination.
- EFFECT OF TERMINATION
14.1 On termination of this Agreement for any reason:
(a) we will cease to provide the Enterprise House Malton Services to you; and
(b) you will cease all use of the Address and any Number allocated to you under this Agreement and will, at our sole option and discretion, either destroy or deliver to us all stationery, business cards, promotional and other materials in your possession bearing such Address and/or Number, remove all references to the Address and such Number including, without limitation, from your electronic mail and cease all marketing and promotional activities utilising our office services, address and number; and
(c) you will immediately notify all your business contacts and if appropriate Companies House and any other regulatory authority of your change of address and number;
(d) all mail held or received by us on your behalf on or after the date of termination will, at your option to be notified to us in writing within 7 days of termination of this Agreement, either be returned to the sender or for a period of up to 1 month be forwarded to you at a Fee to be notified by us at that time (provided you have notified us no less than 7 days prior to termination of your requirement for such forwarding).
14.2 Termination of this Agreement for whatever reason shall be without prejudice to any cause of action which has accrued to any party prior to expiry or termination.
- CONFIDENTIALITY
15.1 Each party shall keep confidential and not without the disclosing party’s prior written consent disclose to any third party any information of a confidential nature received from the disclosing party which relates to the business of that party whether or not such information is marked as confidential (“Confidential Information”).
15.2 The obligations set forth in Clause 15.1 shall survive the variation, renewal or termination of this Agreement but shall cease to apply to any information which has come into the public domain through no fault of the recipient, is lawfully received by the recipient from a third party free from any obligations of confidence, is independently developed by the recipient, or is required by law, court or governmental order to be disclosed.
15.3 Save as may be expressly provided in this Agreement, we will treat all mail delivered to you at the Address and all information received from callers to any Number allocated to you under this Agreement as Confidential Information and will hold the same subject to the obligations set out in this Clause.
- LIMITATION OF LIABILITY
16.1 Save as provided in Clause 16.4, in no event will we be liable to you for any indirect, special or consequential loss or damage arising out of or resulting from the performance or breach of this Agreement.
16.2 Save as provided in Clause 16.4, our liability arising out of or in connection with this Agreement, whether in contract, tort or otherwise, shall in no circumstances exceed the total amount actually received by us under this Agreement in the six months preceding the date such liability arose or, where the period from commencement of this Agreement to accrual of liability is less than six months, the total amount estimated due and payable by you in the first six months of this Agreement.
16.3 A party wishing to bring an action against the other party to this Agreement for breach of any of the terms it contains must do so within one year of the earliest of either:
(i) the date of termination of this Agreement; or
(ii) the date of discovery of the breach.
16.4 Nothing in this Agreement shall be construed as limiting any party’s liability for fraud or for death or personal injury caused by its negligence or the negligence of its employees, agents or sub-contractors.
- DATA PROTECTION AND PRIVACY
17.1 We will store and process your data received from you under this Agreement in accordance with the provisions and obligations imposed by the Data Protection Act 1998.
17.2 We use cookies to track viewers of the Website.
17.3 Payment security is licensed by Stripe and Barclays Merchant Services, using 128 bit military strength encryption, allowing for safe & secure shopping.
17.5 We reserve the right to disclose your data received from you if we are required to do so by any competent court or regulatory body, without notice to you. If we are required to disclose your data in accordance with this Clause 19 we will attempt to notify you of such fact as soon as it is reasonably practical to do so.
17.6 You agree that we may contact you to notify you of changes to, or information about, the Enterprise House Malton Services and any other services that we may offer from time to time. You also agree that, unless and until you notify us in writing of your objection, we may share data received from you with our group companies and companies with whom we have a business relationship, who may contact you from time to time with information that they believe may be of interest to you.
- NOTICES
18.1 Any notice or communication under or in connection with this Agreement shall be in writing (and, unless such notice is in electronic form, shall be signed by the party by whom it is given).
18.2 Any notice or communication under or in connection with this Agreement shall be delivered personally, or by post (using registered mail) or facsimile or electronic mail to the respective addresses, facsimile numbers or electronic mail addresses given below or such other address, facsimile number or electronic mail addresses as either party may notify to the other from time to time.
18.3 In the case of notices or communications sent by post, proof of delivery using registered mail shall constitute proof of receipt, in the case of notices or communications delivered by facsimile, a facsimile confirmation report shall constitute proof of receipt and in the case of notices or communications delivered by electronic mail, an electronic delivery report shall constitute proof of receipt. The date of receipt shall be:
(a) in the case of a notice delivered personally, upon delivery to the relevant addressee;
(b) in the case of a notice sent by post, on the date of delivery, as confirmed by the proof of delivery from the registered postal service provider;
(c) in the case of electronic mail on the date on which the electronic mail is transmitted by the sender according to the electronic mail delivery report.
- WAIVER OF REMEDIES
The failure of either party to enforce at any time or for any period of time any Clause of this Agreement shall not adversely affect its right thereafter to require complete performance by the other party.
- VARIATION
Unless expressly stated otherwise in this Agreement, no amendment or variation to this Agreement as proposed by one party shall be valid unless in writing and unequivocally accepted in writing by the other.
- ENTIRE AGREEMENT
The terms of this Agreement supersede all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to Enterprise House Malton Services that are the subject matter hereof.
- RIGHTS OF THIRD PARTIES
A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
- FORCE MAJEURE
We shall not be liable for any breach of these Terms and Conditions or any losses resulting therefrom caused by circumstances beyond our reasonable control, including but not limited to acts of God, fire, lightning, flood or extremely severe weather, explosion, war, disorder, industrial disputes (whether or not involving our employees) network failures, or acts of local or central Government or other competent authorities. There may be occasions where, due to an act of force majeure, our service levels may be affected. We reserve the right to alter the W1 Office Services until such time as we are able to resume normal performance. In the event that any act of force majeure prevents us from providing the Enterprise House Malton Services for longer than 4 weeks this Agreement may be terminated with reasonable written notice by either party.
- GOVERNING LAW AND JURISDICTION
This Agreement shall be construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.