General Terms and Conditions
TERMS AND CONDITIONS
Definitions:
'NVERB' means NVERB LLC;
The 'Agreement' means the NVERB Service Agreement;
The 'Provider' means NVERB LLC;
The 'Member' means the signatory of the Agreement.
The 'Service(s)' means any service/product selected by the Member
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE.
The Service(s) are offered to the Member conditional on their acceptance of the terms and conditions contained in the Agreement, without modification.
1.1 SERVICES
1.1. BUSINESS ADDRESS
1.1.1 Depending on the Service(s) chosen, the Member is entitled to use the Provider's business address(es) as stated in the Agreement.
1.1.2 The Member warrants that it will not use any of the business address(es) for any obscene, illegal, immoral or defamatory purposes and will not in any way bring the provider into disrepute.
1.1.3 The Member will not in any way use or combine the Provider's name, in whole or in part, for the purpose of trading activities.
1.1.4 Mail will be handled according to instructions specified by the Member, and the Member will be responsible for all resulting forwarding and service charges.
1.1.5 If the Provider has been instructed to forward mail, neither the Provider nor its agents shall be responsible for any delay or loss of mail during the forwarding process. The Provider will not be liable for any loss sustained as a result of any mechanical breakdown, strike, delay or failure of any staff, manager or caretaker to perform their duties.
1.1.6 The Provider will not accept any items exceeding 5 lb in weight, 18 inches in any dimension or 1 cubic foot in volume, nor any item containing any dangerous, live or perishable goods. The Provider shall be entitled in its absolute discretion to return uncollected items or refuse to accept any quantity of items it considers to be unreasonable or unlawful.
1.1.7 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 the current price list.
1.1.8 In case the Member is collecting her mail, Mail collection by the Member shall happen between the hours of 8.30AM to 5:30 PM weekdays (other than US bank and public holidays).
1.1.9 At termination of this Agreement, the Member agrees that all mail thereafter will be marked by the Provider "Return to Sender," and no further mail or deliveries will be accepted.
1.1.10 The Member agrees to abide by all rules and regulations of the country. Any violation of regulations may result in termination of Services by the Provider and may subject the violator to fines or imprisonment.
1.1.11 In the event of any parcel, chattel, packet or other object than mail addressed to the Member being delivered to 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.
1.2 TELEPHONE AND FAX SERVICES
1.2.1 Depending on the Service(s) chosen, the Provider may supply the Member with a phone and a fax number.
1.2.2 The Provider where required, shall forward calls to the Member at a single telephone number nominated by the Member. The Provider agrees to handle up to 500 minutes of incoming calls per month as part of the monthly fee.
1.2.3 The Provider will not be liable for any loss of messages sustained as a result of any breakdown, delay or failure of any staff, manager or caretaker to perform their duties.
1.2.4 The Provider will charge for call forwarding, message forwarding, extra lines, extra incoming calls, extra messages and forwarding fees to the Member, as per the Provider's current price list.
1.2.5 The telephone number remains property of the Provider.
1.2.6 The Member may alter the forwarding number each has nominated subject to at least 1 working day's notice to the Provider. For any number altered more than once in any period of 7 days the Provider will charge an administration fee as per the current price list, for each additional number change.
If the Member requires additional lines (and the Provider consents to the same) a further monthly fee for each additional line shall be required.
1.3 USE OF THE PROVIDER OTHER SERVICES
Any other services such as telephone, fax, fax to email, printing, mailing, photo copying or internet broadband connection will be charged as per the Provider's current rate.
1.4 MODIFICATIONS TO THE SERVICE.
1.4.1 The Company reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to the Member, and is under no obligation to support or update the Service.
1.4.2 The amended Terms shall be effective immediately after publication on the Provider's website, www.nverb.net. The Member's continued use of the Service after the posting of the amended Terms on the Site constitutes:(a) acknowledgment of the Terms and its modifications by the Member; and (b) agreement to abide and be bound by the Terms, as amended.
1.4.3 The Member acknowledges and agrees that the Provider shall not be liable to the Member or any third party in event that the Provider exercises its right to modify or discontinue all or part of the Service.
1.4.4 The Company reserves the right, in its sole discretion, to change User pricing upon 30 days' notice.
2 PAYMENT
2.1 The Member registration and set up fees (if applicable) and recurring monthly fees are payable in advance and are non-refundable.
2.2 The Member agrees that the Provider may submit charges for his monthly service fee each month, without further authorization from the Member, unless the Member provides prior notice that he has terminated this authorization or wishes to change his designated Service(s). Such notice will not affect charges submitted before the Provider could reasonably act on the Member notice. (Note: the Provider is under no obligation to contact the Member prior to charging the Member's designated credit card for his recurring service fee.).
2.3 If the Member has any question regarding any charges that have been applied to his account, the Member must contact the Provider's Customer Service Department within 30 days of the charge date.
2.4 Failure to use the Member account will not be deemed a basis for refusing to pay any charges submitted by the Provider in accordance with this Agreement.
2.5 Payment of the Member's account balance and other applicable charges is due in advance and in full on the 20th day (or such other day as we designate) of each month. The first proportionate payment for the services will be payable in full, as per clause 2.13 - Initial Payment schedule.
2.6 Payment must be made by the valid credit card designated by the Member, or by cheque, bank transfer or direct debit.
2.7 The Member must promptly notify the Provider of changes to: (a) the account number or expiration date of the Member's designated card; (b) The Member's billing address; or (c) cancellation, theft or loss of the Member's designated card.
2.8 Any payment received after the due date will be charged a late payment fee of $50.00 as compensation.
2.9 All banking charges will be borne by the Member.
2.10 The Provider may require the client to pay an increased deposit if outstanding fees exceed the initial deposit held and/or the client frequently fails to pay the Provider when due.
2.11 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.
2.12 If the Member disputes any part of an invoice, he/she must pay the amount not in dispute by the due date or be subject to a late payment compensation fee. 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.
2.13 Initial payment schedule
2.13.1 The minimum initial payment for communication service is. 1 month
2.13.2 The minimum initial payment for Registered Office and Registered Agent service is: 1 year
2.13.3 The minimum initial payment for Print and Mail services is: Full payment in advance
2.13.4 The minimum initial payment for Business Formation is: Full payment in advance
2.13.5 Special offers. Every now and then the provider may send special promotions and offers to its members. Unless otherwise agreed in writing these offers, once accepted, are strictly not refundable.
3 PROVIDER'S RIGHT AND RESPONSIBILITIES
3.1. The Provider may without notice suspend the provision of services 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 containing the business centre or otherwise, unless it does so deliberately or through gross negligence.
3.3 The Provider is also not liable for any failure until the Member has informed the Provider and given reasonable time for rectification. The Member agrees that the Provider will not be liable 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.
3.4 The Provider will not in any circumstances be liable for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss.
3.5 The Provider strongly advises the Member to insure against all such potential loss, damage, expense or liability.
3.6. 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.
3.7 The Provider will use all reasonable endeavors 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.
3.8 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 whether in contract or in tort.
4 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..
4.3. The NVERB brand and logo are Trade Marks of the Provider. Members may not use the NVERB logo, brand or images 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 services 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 may use the address of the business centre as the Registered Office of his/her business if the Provider has agreed to be the Registered Agent. Upon termination of the contract or services, the Member must cease to use the address of the business as the Registered Office.
4.7 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.
4.8. The Member will fully indemnify the Provider against any expenses, costs, claims, damages or penalties incurred by the Provider in connection with this Agreement howsoever occasioned.
4.9. The Member will not send or deliver or cause to be sent or delivered to the Location any noxious, harmful, dangerous, live, perishable or bulky objects.
4.10. 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.
5 DURATION AND TERMINATION
5.1. This agreement lasts for the period stated in the Agreement and will be extended automatically for successive periods equal to the initial term but no less than 1 month (or such other renewal term that has been agreed between the Provider and the Member) until brought to an end by the Member or the Provider.
5.2 Standard Duration and Termination Terms and Conditions
5.2.1. The Provider may terminate this Agreement immediately by giving notice to the Member if:
5.2.1.1. The Member becomes insolvent, goes into liquidation or becomes unable to pay the outstanding debts to the Provider when due;
5.2.1.2. 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
5.2.2. 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. The Provider will try to find suitable alternative business accommodation for the Member at another Provider business centre and accepts no liability if it is not able to find an alternative service provider.
5.2.3. If the Member has any reasonable cause or reason to be dissatisfied with the services, 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.
5.2.4. If the Provider ends this Agreement for any of the reasons in 6.2.1. (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.
5.2.6 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. The Provider may destroy or return to the sender any 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.
6 PROVIDER'S LIMITATION OF LIABILITY
6.1. The Client acknowledges that due to the imperfect nature of verbal, written and electronic communications, the Provider is not responsible for the negligence and/or failure to furnish any service, including but not limited to the service of conveying messages, communication and other utility or services or any of it's Affiliates, Landlord, Suppliers and any of their respective Officers, Directors, Employee, Partners, Agents and Representatives. The Member's sole remedy and Provider'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 the 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 client expressly and specifically agrees to waive, and agrees not to make, any claim for damages, direct or consequential, including with respect to lost business or profits, arising out of any failure to furnish any service, any error or omission with respect there to, or any delay or interruption of services. The Centre disclaims any warranty of merchantability or fitness for a particular purpose.
7 GENERAL
7.1. Any notice given by either party shall be made in writing and shall be deemed sufficiently served (i) in the case of notice to the Provider at the Premises or such other addresses 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.
7.2. Any notice sent by post should be deemed received by the addressee in the normal course of posting.
7.3. 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.
7.4. 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.
7.5. Except where we are grossly negligent, you must indemnify us in respect of all liability, claims, damages, losses and expenses which may arise:
7.5.1. from a third party in respect of the use of the business centre and the services;
7.5.2. if the Member does not comply with the terms of the Agreement.
7.5.3 The member must also pay any costs, including reasonable legal fees, which the Provider incurs in enforcing the Agreement.
7.5.4 The Agreement is personal to the Member and is not capable of assignment.
7.5.5 The Provider may transfer the benefit of the Agreement and its obligations under it at any time.
8. READ AND UNDERSTOOD. Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.
© 2009 NVERB LLC. All Rights Reserved.
Definitions:
'NVERB' means NVERB LLC;
The 'Agreement' means the NVERB Service Agreement;
The 'Provider' means NVERB LLC;
The 'Member' means the signatory of the Agreement.
The 'Service(s)' means any service/product selected by the Member
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE.
The Service(s) are offered to the Member conditional on their acceptance of the terms and conditions contained in the Agreement, without modification.
1.1 SERVICES
1.1. BUSINESS ADDRESS
1.1.1 Depending on the Service(s) chosen, the Member is entitled to use the Provider's business address(es) as stated in the Agreement.
1.1.2 The Member warrants that it will not use any of the business address(es) for any obscene, illegal, immoral or defamatory purposes and will not in any way bring the provider into disrepute.
1.1.3 The Member will not in any way use or combine the Provider's name, in whole or in part, for the purpose of trading activities.
1.1.4 Mail will be handled according to instructions specified by the Member, and the Member will be responsible for all resulting forwarding and service charges.
1.1.5 If the Provider has been instructed to forward mail, neither the Provider nor its agents shall be responsible for any delay or loss of mail during the forwarding process. The Provider will not be liable for any loss sustained as a result of any mechanical breakdown, strike, delay or failure of any staff, manager or caretaker to perform their duties.
1.1.6 The Provider will not accept any items exceeding 5 lb in weight, 18 inches in any dimension or 1 cubic foot in volume, nor any item containing any dangerous, live or perishable goods. The Provider shall be entitled in its absolute discretion to return uncollected items or refuse to accept any quantity of items it considers to be unreasonable or unlawful.
1.1.7 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 the current price list.
1.1.8 In case the Member is collecting her mail, Mail collection by the Member shall happen between the hours of 8.30AM to 5:30 PM weekdays (other than US bank and public holidays).
1.1.9 At termination of this Agreement, the Member agrees that all mail thereafter will be marked by the Provider "Return to Sender," and no further mail or deliveries will be accepted.
1.1.10 The Member agrees to abide by all rules and regulations of the country. Any violation of regulations may result in termination of Services by the Provider and may subject the violator to fines or imprisonment.
1.1.11 In the event of any parcel, chattel, packet or other object than mail addressed to the Member being delivered to 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.
1.2 TELEPHONE AND FAX SERVICES
1.2.1 Depending on the Service(s) chosen, the Provider may supply the Member with a phone and a fax number.
1.2.2 The Provider where required, shall forward calls to the Member at a single telephone number nominated by the Member. The Provider agrees to handle up to 500 minutes of incoming calls per month as part of the monthly fee.
1.2.3 The Provider will not be liable for any loss of messages sustained as a result of any breakdown, delay or failure of any staff, manager or caretaker to perform their duties.
1.2.4 The Provider will charge for call forwarding, message forwarding, extra lines, extra incoming calls, extra messages and forwarding fees to the Member, as per the Provider's current price list.
1.2.5 The telephone number remains property of the Provider.
1.2.6 The Member may alter the forwarding number each has nominated subject to at least 1 working day's notice to the Provider. For any number altered more than once in any period of 7 days the Provider will charge an administration fee as per the current price list, for each additional number change.
If the Member requires additional lines (and the Provider consents to the same) a further monthly fee for each additional line shall be required.
1.3 USE OF THE PROVIDER OTHER SERVICES
Any other services such as telephone, fax, fax to email, printing, mailing, photo copying or internet broadband connection will be charged as per the Provider's current rate.
1.4 MODIFICATIONS TO THE SERVICE.
1.4.1 The Company reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to the Member, and is under no obligation to support or update the Service.
1.4.2 The amended Terms shall be effective immediately after publication on the Provider's website, www.nverb.net. The Member's continued use of the Service after the posting of the amended Terms on the Site constitutes:(a) acknowledgment of the Terms and its modifications by the Member; and (b) agreement to abide and be bound by the Terms, as amended.
1.4.3 The Member acknowledges and agrees that the Provider shall not be liable to the Member or any third party in event that the Provider exercises its right to modify or discontinue all or part of the Service.
1.4.4 The Company reserves the right, in its sole discretion, to change User pricing upon 30 days' notice.
2 PAYMENT
2.1 The Member registration and set up fees (if applicable) and recurring monthly fees are payable in advance and are non-refundable.
2.2 The Member agrees that the Provider may submit charges for his monthly service fee each month, without further authorization from the Member, unless the Member provides prior notice that he has terminated this authorization or wishes to change his designated Service(s). Such notice will not affect charges submitted before the Provider could reasonably act on the Member notice. (Note: the Provider is under no obligation to contact the Member prior to charging the Member's designated credit card for his recurring service fee.).
2.3 If the Member has any question regarding any charges that have been applied to his account, the Member must contact the Provider's Customer Service Department within 30 days of the charge date.
2.4 Failure to use the Member account will not be deemed a basis for refusing to pay any charges submitted by the Provider in accordance with this Agreement.
2.5 Payment of the Member's account balance and other applicable charges is due in advance and in full on the 20th day (or such other day as we designate) of each month. The first proportionate payment for the services will be payable in full, as per clause 2.13 - Initial Payment schedule.
2.6 Payment must be made by the valid credit card designated by the Member, or by cheque, bank transfer or direct debit.
2.7 The Member must promptly notify the Provider of changes to: (a) the account number or expiration date of the Member's designated card; (b) The Member's billing address; or (c) cancellation, theft or loss of the Member's designated card.
2.8 Any payment received after the due date will be charged a late payment fee of $50.00 as compensation.
2.9 All banking charges will be borne by the Member.
2.10 The Provider may require the client to pay an increased deposit if outstanding fees exceed the initial deposit held and/or the client frequently fails to pay the Provider when due.
2.11 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.
2.12 If the Member disputes any part of an invoice, he/she must pay the amount not in dispute by the due date or be subject to a late payment compensation fee. 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.
2.13 Initial payment schedule
2.13.1 The minimum initial payment for communication service is. 1 month
2.13.2 The minimum initial payment for Registered Office and Registered Agent service is: 1 year
2.13.3 The minimum initial payment for Print and Mail services is: Full payment in advance
2.13.4 The minimum initial payment for Business Formation is: Full payment in advance
2.13.5 Special offers. Every now and then the provider may send special promotions and offers to its members. Unless otherwise agreed in writing these offers, once accepted, are strictly not refundable.
3 PROVIDER'S RIGHT AND RESPONSIBILITIES
3.1. The Provider may without notice suspend the provision of services 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 containing the business centre or otherwise, unless it does so deliberately or through gross negligence.
3.3 The Provider is also not liable for any failure until the Member has informed the Provider and given reasonable time for rectification. The Member agrees that the Provider will not be liable 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.
3.4 The Provider will not in any circumstances be liable for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss.
3.5 The Provider strongly advises the Member to insure against all such potential loss, damage, expense or liability.
3.6. 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.
3.7 The Provider will use all reasonable endeavors 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.
3.8 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 whether in contract or in tort.
4 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..
4.3. The NVERB brand and logo are Trade Marks of the Provider. Members may not use the NVERB logo, brand or images 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 services 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 may use the address of the business centre as the Registered Office of his/her business if the Provider has agreed to be the Registered Agent. Upon termination of the contract or services, the Member must cease to use the address of the business as the Registered Office.
4.7 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.
4.8. The Member will fully indemnify the Provider against any expenses, costs, claims, damages or penalties incurred by the Provider in connection with this Agreement howsoever occasioned.
4.9. The Member will not send or deliver or cause to be sent or delivered to the Location any noxious, harmful, dangerous, live, perishable or bulky objects.
4.10. 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.
5 DURATION AND TERMINATION
5.1. This agreement lasts for the period stated in the Agreement and will be extended automatically for successive periods equal to the initial term but no less than 1 month (or such other renewal term that has been agreed between the Provider and the Member) until brought to an end by the Member or the Provider.
5.2 Standard Duration and Termination Terms and Conditions
5.2.1. The Provider may terminate this Agreement immediately by giving notice to the Member if:
5.2.1.1. The Member becomes insolvent, goes into liquidation or becomes unable to pay the outstanding debts to the Provider when due;
5.2.1.2. 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
5.2.2. 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. The Provider will try to find suitable alternative business accommodation for the Member at another Provider business centre and accepts no liability if it is not able to find an alternative service provider.
5.2.3. If the Member has any reasonable cause or reason to be dissatisfied with the services, 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.
5.2.4. If the Provider ends this Agreement for any of the reasons in 6.2.1. (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.
5.2.6 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. The Provider may destroy or return to the sender any 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.
6 PROVIDER'S LIMITATION OF LIABILITY
6.1. The Client acknowledges that due to the imperfect nature of verbal, written and electronic communications, the Provider is not responsible for the negligence and/or failure to furnish any service, including but not limited to the service of conveying messages, communication and other utility or services or any of it's Affiliates, Landlord, Suppliers and any of their respective Officers, Directors, Employee, Partners, Agents and Representatives. The Member's sole remedy and Provider'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 the 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 client expressly and specifically agrees to waive, and agrees not to make, any claim for damages, direct or consequential, including with respect to lost business or profits, arising out of any failure to furnish any service, any error or omission with respect there to, or any delay or interruption of services. The Centre disclaims any warranty of merchantability or fitness for a particular purpose.
7 GENERAL
7.1. Any notice given by either party shall be made in writing and shall be deemed sufficiently served (i) in the case of notice to the Provider at the Premises or such other addresses 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.
7.2. Any notice sent by post should be deemed received by the addressee in the normal course of posting.
7.3. 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.
7.4. 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.
7.5. Except where we are grossly negligent, you must indemnify us in respect of all liability, claims, damages, losses and expenses which may arise:
7.5.1. from a third party in respect of the use of the business centre and the services;
7.5.2. if the Member does not comply with the terms of the Agreement.
7.5.3 The member must also pay any costs, including reasonable legal fees, which the Provider incurs in enforcing the Agreement.
7.5.4 The Agreement is personal to the Member and is not capable of assignment.
7.5.5 The Provider may transfer the benefit of the Agreement and its obligations under it at any time.
8. READ AND UNDERSTOOD. Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.
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