Terms and Conditions
A quick summary of key terms and conditions
Changes to your Charges
At the end of the Agreement Duration, your Regular Charges may be subject to an adjustment by the CPI Rate.
What you can expect from us
We will provide you with a professional business address and mail handling services (scaled depending on your package).
What we expect from you
We may end the Agreement if you don’t pay any Charges that are due or if you’re bankrupt. We can also end the Agreement if we reasonably believe the Service is being used: fraudulently, illegally, in a way that harms our reputation, contrary to our Fair Use Policy, or to cause annoyance (among other things).
How we use your information
We may use and analyse your personal details to help us run your Service(s) and account, including for credit checking and fraud prevention. We may share and combine that data and your information with carefully selected third parties for all those same reasons. Your information is treated in accordance with our Privacy Policy, which can be viewed here:
https://www.perabusinesspark.co.uk/office-space/privacy/
Terminating your Agreement
You can end the Agreement at any time by giving us 14 days’ Notice (unless any other statutory or regulatory rules apply). Any charges you’ve paid until the end of the Billing Period are non-refundable.
What if you miss a payment?
If you fail to pay your bill by the date it is due, the Agreement will terminate effective immediately and we will, within 7 days, remove our address from any Companies House records associated with you and reject your incoming post.
Your Virtual Office Package Agreement in Full
Your Virtual Office Package Agreement with us (this “Agreement”) is made up of the following different parts:
Services Agreement
This is about how you access our Services.
General Terms and Conditions
This relates to the general legal terms and conditions that apply.
We’ve defined some of the words in this Agreement to make it easier to read and understand. You can find the definitions at the end of this agreement.
Services Agreement
- Supply of Services
- This Agreement starts on the Agreement Start Date and, unless terminated earlier under the provisions of this Agreement, shall continue for the Agreement Duration and thereafter for successive periods of equal length to the Agreement Duration (Successive Period). Subject to clause 6, either party may serve not less than 14 days’ Notice to terminate the Agreement.
- We will supply the Services detailed in the Agreement to you on payment of the Regular Charges.
- We have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not significantly affect the nature or quality of the Services (we will notify you in any such event).
- The Services will be provided by us using reasonable care and skill.
- Your Obligations
- You agree to:
- co-operate with us in all matters relating to the Services;
- only carry on your business in its own name or some other name that was previously agreed with us in writing;
- shall conduct your business entirely in accordance with all applicable laws and regulations of any jurisdiction in which you carry on your business;
- only use our address as your business address;
- not carry on a business that competes with our business of providing serviced office accommodations, virtual offices, and ancillary services;
- provide us with information and materials that we may reasonably require in order to supply the Services, and ensure that such information is accurate;
- not commit or do any act or thing, or pursue any course of conduct that might reasonably be expected to damage our reputation, and/or that of our any member of our Group and/or property; and
- understand and accept that, if you are using our Business Mail Package, post, packages, or other items addressed to you and received by us that you do not collect within 14 calendar days of the day it is received will be “returned to sender”.
- If performance of any of our obligations under the Agreement are prevented or delayed by any act or omission by you, or your failure to perform any relevant obligation (Customer Default):
- we may, without limiting our other rights or remedies, suspend Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays performance of these obligations;
- we will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 2; and
- you will compensate us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
- You consent that we may submit your name and address for legal and administrative purposes including, as appropriate:
- to obtain information about your financial condition via a credit check or similar financial standing status document; and
- in order to comply with legal requirements and obligations to third parties.
- Fair Use
- Any Services provided under this Agreement are subject to fair use and we will at our discretion suspend, make an appropriate reasonable additional charge for, or terminate any such Services if your use of such Services is deemed to be excessive and/or unreasonable. E.g. we receive excessive amounts of post or packages on your behalf every day.
- We cannot accept parcels and packages larger than 1725mm x 300mm x 380mm due to storage constraints. We may charge an additional Handling Fee if we are in receipt of a parcel or package outside of these dimensions.
- Charges and Payment
- You will pay the Regular Charges in full via direct debit on the due dates(s) stated on the invoice(s).
- If you use our Mail Forwarding Package, in addition to the Regular Charges, you will be billed on a quarterly basis for any costs incurred in forwarding your post. A Float of £25.00 will be payable on the Agreement Start Date, which will be retained until the Agreement is terminated.
- At the end of the Agreement Duration, your Regular Charges may be subject to an adjustment by the CPI Rate.
- All amounts payable by you under the Agreement are exclusive of VAT. VAT (if applicable) will be added to your Regular Charges invoice at the prevailing rate.
- If you fail to pay your bill by the date it is due, the Agreement will terminate effective immediately and we reserve the right to, within 7 days, remove our address from any Companies House records associated with you and reject your incoming post.
- You will pay all amounts due under the Agreement in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
- Limitation of Liability
- Nothing in this Agreement shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
- any other liability which cannot be excluded or limited by applicable law.
- we will, under no circumstances whatsoever, be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Agreement; and
- our total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equal to the Regular Charges received by us.
- The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement.
- This clause 5 shall survive termination of the Agreement.
- Termination
- You can end the agreement at any time by giving us 14 days’ notice (unless any other statutory or regulatory rules apply) and you will have to pay regular charges until the end of the agreement duration. E.g. If the agreement duration is quarterly and you serve notice during the first month, regular charges will be payable until the end of the quarter.
- Without restricting any other rights or remedies, either party may terminate the Agreement with immediate effect by giving written notice to the other party if:
- the other party commits a material breach of any term of the Agreement and (if such a breach is remediable) fails to remedy that breach within 3 calendar days of that party being notified in writing to do so;
- the other party suspends or threatens to suspend payment of its debts, or is unable to pay its debts as they fall due, or admits inability to pay its debts, or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
- the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
- a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party;
- a creditor or encumbrancer of the other party attaches or takes possession of; or a distress, execution, sequestration or other such process is levied or enforced on, or sued against, the whole or any part of its assets, and such attachment or process is not discharged within 14 days;
- an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party;
- the holder of a qualifying floating charge over the assets of that other party has become entitled to appoint or has appointed an administrative receiver;
- a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
- any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 6.2.2 to 6.2.8 (inclusive);
- the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
- the other party’s financial position deteriorates to such an extent that either party’s opinion the other party’s capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.
- Without limiting our other rights or remedies, we may suspend provision of the Services under the Agreement or any other contract with you if you become subject to any of the events listed in clause 6.2.2 to clause 6.2.11 or we believe that you are about to become subject to any of them.
- Consequences of Termination
- On termination of the Agreement for any reason:
- you will immediately pay us any outstanding unpaid invoice(s) and, in respect of Services supplied but for which no invoice has been submitted, we shall submit an invoice, which will be payable by you immediately on receipt;
- the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
- clauses which expressly or by implication survive termination shall continue in full force and effect.
- If you use our Business Mail Package, you will be responsible for collecting any remaining items of post on the next available working day following the termination date.
- For Data Protection reasons, we will destroy any remaining items of post that are not collected within 5 working days after the termination date.
- How We Use Your Information
- You agree that we can search the files of credit reference agencies and that they may keep a record of that search.
- We can also carry out identity and anti-fraud checks with fraud prevention agencies and other third parties and we sometimes share data with such parties to protect you against fraud. We and other organisations can access and use the information recorded by fraud prevention agencies from other countries.
- If you give us false or inaccurate information and we identify or suspect fraud, we’ll record this in accordance with our internal policies and/or industry standards. Details of how you conduct your account may also be disclosed to those agencies, organisations, law enforcement agencies and other telecommunications companies.
- The information may be used by us and other parties in assessing applications for and making decisions about credit, credit related services or other facilities and insurance (including motor, household credit, life and other insurances and claims) from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and other parties for checking your identity, checking details of job applicants and employees, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies. We may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies while this Agreement is ongoing.
- Force Majeure
- For the purposes of this Agreement, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- We will not be liable in the event any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
- If the Force Majeure Event prevents us from providing any of the Services for more than four weeks, we may, without limiting its other rights or remedies, terminate this Agreement immediately by giving you written notice.
General
Severance
If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, both parties shall negotiate in good faith to amend such provision so that it becomes legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
Waiver
A waiver of any right under the Agreement or law is only effective if it is in writing and will not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Third parties
A person who is not a party to the Agreement will not have any rights to enforce its terms.
Governing law
This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
The Definitions
In this Agreement, the following definitions apply:
Agreement means this Agreement (which includes the Services Agreement, the General Terms, and any other relevant terms specified on our website). It also includes the details of your application for our service.
Charges means all the charges described in this Agreement, which are payable under clause 4, including Regular Charges.
Core Business Hours means 8.30am – 5.00pm Monday – Friday (excluding bank holidays and the period of 24th December to 2nd January inclusive).
CPI means Consumer Prices Index (All Items) United Kingdom which is a measure of inflation published by the Office of National Statistics. It measures the change in the cost of a sample of retail goods and services.
CPI Rate means the “CPI Percentage change over 12 months: monthly rate” announced by the Office for National Statistics in the February preceding an CPI Change.
Float a sum payable to cover future costs that may be incurred by us in providing Services to you (only applies to Mail Forwarding Package). If some or all of the Float has not been allocated to a cost when the Agreement is terminated, the balance of the Float will be returned to you.
Post, Mail physical correspondence received on your behalf at this address.
Service(s) means any service we provide to you under this Agreement. These may be any of the following:
a) Business Mail Package: the use of our address as your business address for mailing and Company Secretarial purposes; the use of our meeting rooms facilities, subject to availability (at a discounted rate); the provision of a physical mail box at our address where your mail will be sorted, stored and available for collection within Core Business Hours.
b) Mail Forwarding Package: the use of our address as your business address for mailing and Company Secretarial purposes; the use of our meeting rooms facilities, subject to availability (at a discounted rate); the provision of a mail handling service where any items of post addressed to you are physically posted to your preferred address once a week.
c) Mail Scanning Package: the use of our address as your business address for mailing and Company Secretarial purposes; the use of our meeting rooms facilities, subject to availability (at a discounted rate); the provision of a mail handling service where any items of post addressed to you are electronically scanned and uploaded to our customer portal; the secure destruction of scanned items.
We, Us, Our means Pera Business Park Limited (CRN: 09998229), of Pera Business Park, Nottingham Road, Melton Mowbray LE13 0PB.
Website means our website at www.perabusinesspark.co.uk
You, Your means you, the customer who this Agreement is made with and includes any person that we reasonably believe is acting with your authority.