Terms & Conditions

MyGoCenter Terms & Conditions

Go Meeting Room, Go Coworking, Go Mailbox, Go Phone Answering, Go Virtual Office, Go Broker & Go Agent

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE OR EMAIL. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.

The services MyGoCenter provides to you, the “Client”, are subject to the following Terms and Conditions (T&C). MyGoCenter reserves the right to update the T&C at any time without notice to you.  Notwithstanding anything to the contrary, all previously agreed upon pricing will remain in effect.  MyGoCenter membership application does not create a tenancy but a prepaid usage license to use the provided amenities on a monthly or casual basis.

Description of Services

Go Meeting Room & Go Coworking (Meeting Room & Shared Workspace Services)

MyGoCenter may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services (collectively, “Services”). The Services at all times are subject to the T&C. For meetings in the coworking space, please see Power Pass under Use of Services.

Go Mailbox (Business Mailing Handling Services)

Allows Client to receive mail at the MyGoCenter specified in this Agreement. The Client may use the address of the designated Center and is not permitted to use the address of the designated Center as their registered office address unless permitted by law (and by MyGoCenter) and by local compliance rules.

Go Phone Answering

Receptionist telephone answering service with custom company greeting from 9:00am – 5:00pm HST Monday through Friday. Includes a local telephone number that is provided by MyGoCenter and Client is renting the phone number with no ownership of the phone number during the term of their agreement. If Client terminates agreement, Client does not have ownership rights to keep the phone number and MyGoCenter has the right to reassign it to another Client. Client may submit a request to MyGoCenter to port phone number to another carrier for a porting fee and may take up to 30 days from date of submission. MyGoCenter does not guarantee that all port requests will be granted. MyGoCenter is not liable for any disruption in Client’s business due to phone downtime or missed calls.

Go Virtual & Go Virtual Plus (Virtual Office Services)

Includes all services detailed in Go Mailbox Services and Go Phone Answering and Digital Directory Listing. In addition, Go Virtual & Go Virtual Plus product provides specified number of hours of Meeting Room or Day Office usage per month at the designated Center, subject to availability.

Go Broker (Real Estate Services)

Includes all services detailed in Go Mailbox services, Digital Directory Listing, Fax Services, Important Document PickUp/Drop-Off Services, On-site Document Storage and Hanging of Broker License.

Go Agent (Real Estate Services)

Includes all services detailed in Go Mailbox services, Digital Directory Listing, Fax Services and Important Document PickUp/Drop-Off Services.

No Unlawful or Prohibited Use (applies to all products and services)

You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any MyGoCenter’s server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any MyGoCenter server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should you post or download files that you know or should know are illegal or that you have no rights to. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.

Use of services

Go Coworking and Go Meeting Room

You agree that when participating in or using the Services, you will not: Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise); Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through MyGoCenter servers. Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker. Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner. Restrict or inhibit any other user from using and enjoying the Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules). Harvest or otherwise collect information about other, including email addresses, without the authorization or consent of the disclosing party. Violate any applicable laws or regulations; or Create false identity for the purpose of misleading others.

Meeting Room Cancellation Policy

Client must provide a minimum of 48-hour notice by phone or email with cancellation confirmation prior to a scheduled booking.  After hour booking clients must provide a minimum of 7-day notice by phone or email with cancellation confirmation prior to a scheduled event.  Failure to do so will result in loss of full payment of the room.  There will be no refund if notice is shorter than 48 hours prior to business hour event and shorter than 7 days for after hour events.  Refunds may take up to, but not exceeding 30 days from the date of cancellation confirmation.

Coworking Power Pass

A Power Pass allows Go Coworking Clients to invite their guests to have meetings or to cowork in the shared coworking space for up to 2 hours for a fee that will be invoiced to Client. If guest stays past the 2 hour limit, MyGoCenter will remove the Power Pass fee and charge the Client the equal amount to a coworking day pass. Client must notify MyGoCenter team member before a guest arrives so fees can be charged accordingly. All Coworking House Rules still apply during the meeting.

Go Mailbox, Go Virtual and Go Virtual Plus

The Client must not carry on a business that competes with MyGoCenter’s business of providing private office, meeting room, shared CoWorking space accommodations and virtual offices.
The Client may only carry on that business in its name or some other name that MyGoCenter previously agrees.
The Client may use the designated Center address as its business address. Any other uses are prohibited with MyGoCenter’s prior written consent.

Renewals and Terminations

This Agreement is automatically renewed at the end of each period. The T&C must be adhered to at all times. Failure to follow T&C can result in non-renewal or even early termination of the usage license. MyGoCenter reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the T&C. This includes non-payment or violation of the space rules. If this happens, MyGoCenter will refund any amounts paid for unused periods that remain after deducting any pending charges, on a prorata basis. Members may terminate this Agreement by giving a written notice of termination 30 days prior to end of term as established in this Agreement. Termination shall be in effect as of the end of that calendar month. Should Member not provide timely notice of termination to MyGoCenter then the Membership Period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable.

Invoicing and Payment

The member is automatically invoiced monthly in advance based on their membership option. Also included is any variable charges such as telephone usage that may have been incurred during the previous period. Payment is required at the beginning of the month for that period, at the date specified in the invoice. Payment for casual usage is either paid on the day of use unless other arrangements have been made with MyGoCenter. MyGoCenter reserves the right at all times to disclose any information about you,your participation in and use of the Services as MyGoCenter deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part in MyGoCenter’s sole discretion.

Confidentiality

You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by MyGoCenter or any participant of used of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of MyGoCenter, any analyses, compilations, studies or other documents prepared by MyGoCenter or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential. Your participation in and/or use of the Services obligates you to Maintain all Confidential Information in strict confidence; Not to disclose Confidential Information to any third parties; Not to use the Confidential Information in any way directly or indirectly determined to MyGoCenter or any participant or user of the Services. All confidential information remains the sole and exclusive property of MyGoCenter or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of MyGoCenter or any participant or user of the Services.

Participation in or Use of Services

You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that MyGoCenter does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.

Disclaimer of Warranties

To the maximum extent permitted by the applicable law, MyGoCenter provides the Services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.

Exclusion of Incidental, Consequential and Certain Other Damages

To the maximum extent permitted by the applicable law, in no event shall MyGoCenter or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of MyGoCenter, and even if MyGoCenter has been advised of the possibility of such damages. Limitation of Liability and Remedies Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of MyGoCenter or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance. The foregoing limitations, exclusions and disclaimers, (including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Non-Disparagement

You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding MyGoCenter, or any of MyGoCenter’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

Indemnification

You release, and hereby agree to indemnify, defend and save harmless MyGoCenter and MyGoCenter subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by MyGoCenter or its respective officers and agents in connection with the defense of such claim or lawsuit.

Severability

In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Insurance

MyGoCenter carries Liability and Business Personal Property insurance. As a user, you are not required but it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of MyGoCenter.

MyGoCenter Full Time Office Terms & Conditions

  1.  This Agreement

1.1 Nature of this agreement:  This agreement is the commercial equivalent of an agreement for accommodation(s) in a hotel.  The whole of the Center remains in the Provider’s possession and control. THE CLIENT ACCEPTS THAT THIS AGREEMENT CREATES NO TENANCY INTEREST, LEASEHOLD ESTATE OR OTHER REAL PROPERTY INTEREST IN THE CLIENT’S FAVOR WITH RESPECT TO THE ACCOMMODATION(S).  The Provider is giving the Client the right to share with the Provider the use of the Center on these terms and conditions, as supplemented by the House Rules, so that the Provider can provide the services to the Client.  This agreement is personal to the Client and cannot be transferred to anyone else without prior consent from the Provider.  The Provider will not unreasonably withhold its consent to assignment to a parent, subsidiary or affiliate of the Client provided that Client and assignee execute the Provider’s form of Assignment of License Agreement which will require assignee to assume all Client obligations and will not release the Client. This agreement is composed of the front page describing the accommodation(s), the present terms and conditions and the House Rules.

1.2 Comply with House Rules:  The Client must comply with any House Rules which the Provider imposes generally on users of the Center.  The House Rules vary from State to State and from Center to Center and these can be requested locally.

1.3 AUTOMATIC RENEWAL:  THIS AGREEMENT LASTS FOR THE PERIOD STATED IN IT AND THEN WILL BE EXTENDED AUTOMATICALLY FOR SUCCESSIVE PERIODS EQUAL TO THE CURRENT TERM BUT NO LESS THAN 3 MONTHS (UNLESS LEGAL RENEWAL TERM LIMITS APPLY) UNTIL TERMINATED BY THE CLIENT OR BY THE PROVIDER PERSUANT TO SECTION 1.4.  UNTIL BROUGHT TO AN END BY THE CLIENT OR BY THE PROVIDER.  ALL PERIODS SHALL RUN TO THE LAST DAY OF THE MONTH IN WHICH THEY WOULD OTHERWISE EXPIRE.  THE FEES ON ANY RENEWAL WILL BE AT THE THEN PREVAILING MARKET RATE.  

1.4 CANCELLATION:  EITHER THE PROVIDER OR THE CLIENT CAN TERMINATE THIS AGREEMENT AT THE END DATE STATED IN IT, OR AT THE END OF ANY EXTENSION OR RENEWAL PERIOD, BY GIVING AT LEAST THREE MONTHS WRITTEN NOTICE TO THE OTHER.  HOWEVER, IF THIS AGREEMENT, EXTENSION OR RENEWAL IS FOR THREE MONTHS OR LESS AND EITHER THE PROVIDER OR THE CLIENT WISHES TO TERMINATE IT, THE NOTICE PERIOD IS 1 MONTH NOTICE.   

1.5 Ending this agreement immediately:  To the maximum extent permitted by applicable law, the Provider may put an end to this agreement immediately by giving the Client notice and without need to follow any additional procedure if (a) the Client becomes insolvent, bankrupt, goes into liquidation or becomes unable to pay its debts as they fall due, or (b) the Client is in breach of one of its obligations which cannot be put right or which the Provider have given the Client notice to put right and which the Client has failed to put right within fourteen (14) days of that notice, or (c) its conduct, or that of someone at the Center with its permission or invitation, is incompatible with ordinary office use .  If the Provider puts an end to this agreement for any of these reasons it does not put an end to any outstanding obligations, including additional services used and the monthly office fee for the remainder of the period for which this agreement would have lasted if the Provider had not ended it.   

1.6 If the Center is no longer available:  In the event that the Provider is permanently unable to provide the services and accommodation(s) at the Center stated in this agreement then this agreement will end and the Client will only have to pay monthly office fees up to the date it ends and for the additional services the Client has used.  The Provider will try to find suitable alternative accommodation(s) for the Client at another Provider’s Center.  

1.7 When this agreement ends the Client is to vacate the accommodation(s) immediately, leaving the accommodation(s) in the same condition as it was when the Client took it.  Upon the Client’s departure or if the Client, at its option, chooses to relocate to different rooms within the Center, the Provider will charge an Office Restoration Service fee to cover normal cleaning and testing and to return the accommodation(s) to its original state.  This fee will differ by state and is listed in the House Rules.   The Provider reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear.  If the Client leaves any property in the Center the Provider may dispose of it at the Client’s cost in any way the Provider chooses without owing the Client any responsibility for it or any proceeds of sale.  When a Client vacates its accommodation(s) invariably the Provider continues to receive the Client’s mail, faxes, telephone calls and visitors. In order to professionally manage the redirection of the Client’s calls, mail, faxes and visitors the Provider offers an optional Business Continuity Service.  This service may be purchased for a minimum of one full calendar month after the end of the date of this agreement.  If in the event that during the Client’s stay there are no calls, mail, faxes or visitors this service is not necessary.  This fee is located in the House Rules.  If the Client continues to use the accommodation(s) when this agreement has ended the Client is responsible for any loss, claim or liability the Provider incurs as a result of the Client’s failure to vacate on time.  The Provider may, at its discretion, permit the Client an extension subject to a surcharge on the monthly office fee.

1.8 Employees:  While this agreement is in force and for a period of six months after it ends, neither the Provider nor the Client may knowingly solicit or offer employment to any of the other’s staff employed in the Center.  This obligation applies to any employee employed at the Center up to that employee’s termination of employment, and for three months thereafter.  It is stipulated that the breaching party shall pay the non-breaching party the equivalent of one year’s salary for any employee concerned.  Nothing in this clause shall prevent either party from employing an individual who responds in good faith and independently to an advertisement which is made to the public at large.  

1.9  Client Representation of the Provider Employees: Throughout the duration of this agreement, Client agrees that neither Client, nor any of Client’s partners, members, officers or employees will represent, or otherwise provide legal counsel to, any of the Provider’s current or former employees in any dispute with, or legal proceeding against, the Provider, or any of the Provider’s affiliates, members, officers or employees.

1.10 Notices:  All formal notices must be in writing to the Center address.

1.11 Confidentiality:  The terms of this agreement are confidential.  Neither the Provider nor the Client must disclose them without the other’s consent unless required to do so by law or an official authority.  This obligation continues after this agreement ends.

1.12 Applicable law:  This agreement is interpreted and enforced in accordance with the law of the place where the relevant Center is located.  All dispute resolution proceedings will be conducted in the country, state or province where the Center is located. If any provision of these terms and conditions is held void or unenforceable under the applicable law, the other provisions shall remain in force.  

1.13 Enforcing this agreement:  The Client must pay any reasonable and proper costs including legal fees that the Provider incurs in enforcing this agreement except that the Provider and the Client will bear their own arbitration costs in the event of arbitration.

  1.  Services and Obligations

2.1 Office accommodation(s):  the Provider is to provide the number of serviced office accommodation(s) for which the Client has agreed to pay in the Center stated in this agreement.  This agreement lists the accommodation(s) the Provider has initially allocated for the Client’s use.  The Client will have a non-exclusive right to the rooms allocated to it.  Occasionally the Provider may need to allocate different accommodation(s), but these accommodation(s) will be of reasonably equivalent size and the Provider will notify the Client with respect to such different accommodation(s) in advance.

2.2 Office Services:  the Provider is to provide during normal opening hours the services, if requested, described in the relevant service description (which is available on request).  If the Provider decides that a request for any particular service is excessive, it reserves the right to charge an additional fee.

2.3 the Provider IT:  THE PROVIDER DOES NOT MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE PROVIDER’S NETWORK (OR THE INTERNET) OR OF ANY INFORMATION THAT THE CLIENT PLACES ON IT.  The Client should adopt whatever security measures (such as encryption) it believes are appropriate to its circumstances.  The Provider cannot guarantee that a particular degree of availability will be attained in connection with the Client’s use of the Provider’s network (or the internet). The Client’s sole and exclusive remedy shall be the remedy of such failure by the Provider within a reasonable time after written notice.

  1.  Providing the Services

3.1 Access to the accommodation(s):  the Provider may need to enter the Client’s accommodation(s) and may do so at any time.  However, unless there is an emergency or the Client has given notice to terminate, the Provider will attempt to notify the Client verbally or electronically in advance when the Provider needs access to carry out testing, repair or works other than routine inspection, cleaning and maintenance.  The Provider will also endeavor to respect reasonable security procedures to protect the confidentiality of the Client’s business.   

3.2 Availability at the start of this agreement:  If for any reason the Provider cannot provide the accommodation(s) stated in this agreement by the date when this agreement is due to start it has no liability to the Client for any loss or damages but the Client may cancel this agreement without penalty.  The Provider will not charge the Client the monthly office fee for accommodation(s) the Client cannot use until it becomes available.  The Provider may delay the start date of this agreement provided it provides to the Client alternative accommodation(s) that shall be at least of equivalent size to the accommodation(s) stated in this agreement.

  1. Accommodation(s)

4.1 The Client must not alter any part of its accommodation and must take good care of all parts of the Center, its equipment, fixtures, fittings and furnishings which the Client uses.  The Client is liable for any damage caused by it or those in the Center with the Client’s permission or at the Client’s invitation whether express or implied, including but not limited to all employees, contractors, agents or other persons present on the premises.   

4.2 Office equipment:  The Client must not install any cabling, IT or telecom connections without the Provider’s consent, which the Provider may refuse at its absolute discretion.  As a condition to the Provider’s consent, the Client must permit the Provider to oversee any installations (for example IT or electrical systems) and to verify that such installations do not interfere with the use of the accommodation(s) by other Clients or the Provider or any landlord of the building.

4.3 Insurance:  It is the Client’s responsibility to arrange insurance for its own property which it brings in to the Center and for its own liability to its employees and to third parties.  The Provider strongly recommends that the Client put such insurance in place.

  1. Use

5.1 The Client must only use the accommodation(s) for office purposes.  Office use of a “retail” or “medical” nature, involving frequent visits by members of the public, is not permitted.   

5.2 The Client must not carry on a business that competes with the Provider’s business of providing serviced office accommodation(s) or its ancillary services.

5.3 The Client’s name and address:  The Client may only carry on that business in its name or some other name that the Provider previously agrees.

5.4 Use of the Center Address:  The Client may use the Center address as its business address.  Any other uses are prohibited without the Provider’s prior written consent.

  1.  Compliance

6.1  Comply with the law:  The Client must comply with all relevant laws and regulations in the conduct of its business.  The Client must do nothing illegal in connection with its use of the Business Center.  The Client must not do anything that may interfere with the use of the Center by the Provider or by others, cause any nuisance or annoyance, increase the insurance premiums the Provider has to pay, or cause loss or damage to the Provider (including damage to reputation) or to the owner of any interest in the building which contains the Center the Client is using.  The Client acknowledges that (a) the terms of the foregoing sentence are a material inducement in the Provider’s execution of this agreement and (b) any violation by the Client of the foregoing sentence shall constitute a material default by the Client hereunder, entitling the Provider to terminate this agreement, without further notice or procedure.   

6.2 The Client acknowledges and accepts that its personal data may be transferred or made accessible to all entities of the Provider, wherever located, for the purposes of providing the services herein.   

  1.  The Provider’s Liability

7.1. The extent of the Provider’s liability:  To the maximum extent permitted by applicable law, the Provider is not liable to the Client in respect of any loss or damage the Client suffers in connection with this agreement, with the services or with the Client’s accommodation(s) unless the Provider has acted deliberately or negligently in causing that loss or damage.  the Provider is not liable for any loss as a result of the Provider’s failure to provide a service as a result of mechanical breakdown, strike, termination of the Provider’s interest in the building containing the Center or otherwise unless the Provider does so deliberately or is negligent.  In no event shall the Provider be liable for any loss or damage until the Client provides the Provider written notice and gives the Provider a reasonable time to put it right.   If the Provider is liable for failing to provide the Client with any service under this agreement then subject to the exclusions and limits set out immediately below the Provider will pay any actual and reasonable expenses the Client has incurred in obtaining that service from an alternative source.  If the Client believes the Provider has failed to deliver a service consistent with these terms and conditions the Client shall provide the Provider written notice of such failure and give the Provider a reasonable period to put it right.

7.2. EXCLUSION OF CONSEQUENTIAL LOSSES, ETC.: the Provider WILL NOT IN ANY CIRCUMSTANCES HAVE ANY LIABILITY FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO DATA, THIRD PARTY CLAIMS OR ANY CONSEQUENTIAL LOSS UNLESS the Provider OTHERWISE AGREES IN WRITING. the Provider STRONGLY ADVISES THE CLIENT TO INSURE AGAINST ALL SUCH POTENTIAL LOSS, DAMAGE, EXPENSE OR LIABILITY.

7.3. Financial limits to the Provider’s liability:  In all cases, the Provider’s liability to the Client is subject to the following limits:  Without limit for personal injury or death;  Up to a maximum $1 million USD for any one event or series of connected events for damage to the Client’s personal property;  Up to a maximum equal to 125% of the total fees paid between the date the Client moved into its accommodation(s) and the date on which the claim in question arises or $100,000 USD whichever is the higher, in respect of any other loss or damage.

  1.  Fees

8.1  Taxes and duty charges:  The Client agrees to pay promptly (i) all sales, use, excise, consumption and any other taxes and license fees which it is required to pay to any governmental authority (and, at the Provider’s request, will provide to the Provider evidence of such payment) and (ii) any taxes paid by the Provider to any governmental authority that are attributable to the accommodation(s), including, without limitation, any gross receipts, rent and occupancy taxes, tangible personal property taxes or other documentary taxes and fees.

8.2 Service Retainer/Deposit: The Client will be required to pay a service retainer/deposit equivalent to 1 month of the monthly office fee (plus VAT/Tax where applicable) upon entering into this agreement unless a greater amount is specified on the front of this agreement.  The service retainer/deposit or any balance after deducting outstanding fees, the Business Continuity and Office Restoration Service and other costs due to the Provider, will be returned to the Client after the Client has requested for the return of the retainer/deposit in writing, settled its account with the Provider and funds have been cleared.

8.3 The Provider may require the Client to pay an increased retainer if outstanding fees exceed the service retainer/deposit held and/or the Client frequently fails to pay the Provider when due.

8.4 The Client will be charged an office set up fee per office.  Fee amounts are located in the House Rules which can be requested at any time.

8.5 Payment: the Provider is continually striving to reduce its environmental impact and supports its clients in doing the same. Therefore the Provider will send all invoices electronically (where allowed by law) and the Client will make payments via an automated method such as Direct Debit or Credit Card, wherever local banking systems permit unless another form of payment is offered to the Client as a qualified and current Key Account. All amounts payable by the Client under this agreement may be assigned to other members of the Provider’s group.

8.6 Late payment:  If the Client does not pay fees when due, a fee will be charged on all overdue balances.  This fee may differ by state and is listed in the House Rules.  If the Client disputes any part of an invoice the Client must pay the amount not in dispute by the due date or be subject to late fees.  The Provider also reserves the right to withhold services (including for the avoidance of doubt, denying the Client access to its accommodation(s)) while there are any outstanding fees and/or interest or the Client is in breach of this agreement.   

8.7 Insufficient Funds:  The Client will pay a fee for any returned check or any other declined payments due to insufficient funds.  This fee may differ by state and is listed in the House Rules.   

8.8 The Provider will increase the monthly office fee each and every anniversary of the start date of this agreement by a percentage amount equal to the increase in the All Items Retail Prices Index, or such other broadly equivalent index which the Provider substitutes provided that if the foregoing increase is not permitted by applicable law, then the monthly office fee shall be increased as specified in the House Rules.  This will only apply to agreements that have an original start and end date constituting more than a 12 month term.  Renewals will be renewed as per clause 1.3 above and only those renewals with a start and end date constituting a term of over 12 months will have the same increase applied.  

8.9 Standard services:  The monthly office fee and any recurring services requested by the Client are payable monthly in advance.  Unless otherwise agreed in writing, these recurring services will be provided by the Provider at the specified rates for the duration of this Agreement (including any renewal).  Specific due dates may differ by state and are listed in the House Rules.  Where a daily rate applies, the charge for any such month will be 30 times the daily fee.  For a period of less than a month the fee will be applied on a daily basis.

8.10 Pay-as-you-use and Additional Variable Services:  Fees for pay-as-you-use services, plus applicable taxes, in accordance with the Provider’s published rates which may change from time to time, are invoiced in arrears and payable the month following the calendar month in which the additional services were provided.  Specific due dates will differ by state and are listed in the House Rules.

8.11  Discounts, Promotions and Offers:  If the Client benefited from a special discount, promotion or offer, the Provider may discontinue that discount, promotion or offer without notice if the Client breaches these terms and conditions or becomes past due on two or more occasions.