Virtual Office Terms
These are our Terms of Business incorporating our Privacy Policy. In this agreement you are referred to using the terms “Licensee” or “you” or “your”. We are Office Suites Registered number 617502 of 20 Harcourt Street Dublin 2 and we are referred to using the terms “Licensor” or “we” or “us” or “our”.
MAIN TERMS
The Property: 20 Harcourt Street Dublin 2
The Service: A business mailing address with mail handling for the Reserved Address at the Property
Plan:
Starter Plan: €216 + Vat Yearly
Pro Plan: €39 + vat Monthly / €348 + vat Yearly
Service Fee:
Starter Plan: €216 + Vat Yearly
Pro Plan: €39 + vat Monthly / €348 + vat Yearly
plus any Additional Costs
Optional Services:
Meeting room and day desk use at the Property and at the prevailing rate advertised at the time of the booking.
Initial Term:
Monthly Plans: The period commencing on the day you sign up for the service and continuing for a minimum period of three calendar months and ending on the last day of the third month.
Yearly Plans: The period commencing on the day you sign up for the service and continuing for a minimum period of twelve calendar months and ending on the last day of the twelfth month.
IF YOU DO NOT NOTIFY US BEFORE THE INITIAL TERM ENDS THEN THIS AGREEMENT AUTOMATICALLY RENEWS IN ACCORDANCE WITH CLAUSES 17 & 18.
In this Agreement
“Main Terms” means important terms which accompany and form part of this agreement and include details of the Service, the Initial Term and the Service Fee.
“Service” means the Service described in the Main Terms.
“Plan” means the plan chosen by you with corresponding features which can be found online here https://www.officesuites.live/services-virtual-office-dublin/#choose-plan
“Property” means the building location where the Service is provided and is described in the Main Terms.
“Platform” means the third party software that we use to assist us in delivering the Service full details of which can be found online at www.anytimemailbox.com
“Privacy Policy” means our published privacy policy updated from time to time which can be found on our website officesuites.live
“Primary Email Address” means the email address that you use to sign up for the Service which can be updated on the Platform.
“Initial Term” means the Initial Term described in the Main Terms which corresponds to the Chosen Service
“Reserved Address” is the address provided to you when you accepted this agreement at sign up stage.
“Service Fee” means the fee for the Chosen Service specified in the Main Terms.
“Chosen Service” means the Plan listed in the Service Fee which is chosen by you.
“An Post” means the state-owned provider of postal services in the Republic of Ireland.
“Additional Costs” include the costs of managing the Service and are charged monthly as follows:
– Items received that exceed monthly allowance of 10 Items: €1.50 per item
– Scanning: €0.50 per page
– Mail Forwarding: €3 per item + postage
– Storage after 30 days: €0.05 per item per day
– Additional Recipients (must be Authorised by us): €22 per recipient / month
– Tracking and / or Insurance: €16 per item + An Post charges
– Company Search Fee (outlay): €5
– Handling Fees for oversized items – See Clause 6
Any unused portion of monthly item allowances lapse at the end of each calendar month and do not roll over.
THESE TERMS & CONDITIONS INCLUDE (1) YOUR AGREEMENT THAT THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY; (2) YOUR CONSENT TO RELEASE US FROM LIABILITY BASED ON CLAIMS ARISING UNDER THIS AGREEMENT OR THE USE OF THE SERVICE, AND (3) YOUR AGREEMENT TO INDEMNIFY US FROM CLAIMS DUE TO YOUR USE OR INABILITY TO USE THE SERVICE.
1. The Licence
Subject to the terms contained herein and in consideration of the Service Fee we give you the non-exclusive right for the term of this agreement in common with us and all others authorised by us the right to use the Service.
2. Payments
You agree to pay us the Service Fee plus vat and any other agreed charges to include any Additional Costs plus vat on the dates directed by us by using your filed payment method monthly in advance.
3. Authorisation to Take Card Payments
If a bank or payment provider card is used as a payment method then you request and authorise us to take payments for the Service Fee and any other agreed charges to include any Additional Costs due from the card provided as and when such payments fall due.
4. Late Payments
In the event that any payments are not received on the date they are due then we shall be entitled to immediately terminate this agreement. Late and declined payments will attract an administrative fee of €25 plus an additional €25 for every week or part thereof that all or any of the sums outstanding remain unpaid in addition to interest on all amounts outstanding at the rate of 12% per annum. Without prejudice to our right to terminate immediately, in the event of late payment we may suspend decommission or withhold some or all of the Service to you for the period where overdue sums remain unpaid.
5. Deposit
A refundable deposit equivalent to one month Service Fee may in our discretion be sought as security for the performance and observance of this agreement and is repayable without interest less any amount due in respect of non-performance or non-observance of these terms. You may not use the deposit in part or in full as a substitute for payments due. A deposit which remains unclaimed for a period of 12 months may in our discretion be forfeited.
In the event that you attempt to use the Reserved Address for a Google Business Profile or similar online registration then the refundable deposit may in our sole discretion be increased to an amount equivalent to three months Service Fee. You request and authorise us to take payment for the deposit using the payment method that you have already provided. Any Google Business Profile or similar type registrations must display your allocated mail box number (indicated with a # and communicated to you at sign up) as part of the address.
6. Mail Acceptance
Service Scope & Hours:
The Service is designed to support postal correspondence delivered by An Post and courier deliveries during our regular office hours which are 9am to 5pm weekdays excluding bank and public holidays.
Items Not Eligible for the Service:
The following items are not eligible for the Service:-
a) items that exceed the following dimensions: 32.4cm in length, 22.4cm in width and 5cm in height
b) Items that exceed 1kg in weight
c) Items that are perishable or could be harmful or dangerous and items that are prohibited by An Post
d) Items that are addressed to you but include addressee(s) or individual(s) that are different to the addressee(s) or individual(s) that you provided to us when you signed up for the Service or items that are addressed to third parties on a “care of” basis.
Handling of Non-Compliant Items:
Items that are not accepted in accordance with these conditions may in our discretion be either returned to sender via the postal system or discarded by us without liability to you.
Without prejudice to the foregoing any packages which exceed the stated maximum dimensions may in our discretion be retained for a short time pending collection by you but will be subject to a handling fee of €5 per day or part day during which the unauthorised package remains uncollected. Such oversized packages may in our discretion and at any time be discarded and the cost of discarding shall be borne by you.
Right to Open & Inspect
We reserve the right to open and inspect any item that we reasonably suspect may contain a perishable, harmful, illegal or dangerous item.
7. Mail Management
Platform & Notifications:
The management of the service and all notifications in relation thereto must be made by using the Platform. The Platform has its own separate terms and conditions which can be found here www.anytimemailbox.com/terms-renter or made available on request and you hereby agree to same. Where conflict arises between this agreement and the terms and conditions applied by the Platform then this agreement shall prevail.
On receipt of a new mail item notification the Platform will notify you and you will be provided the option to have the item opened and scanned, forwarded or discarded by using the action request function on the Platform. All notifications will be made via email using your Primary Email Address. By requesting any of the action requests or by requesting automatic action requests you are providing us with express authorisation to perform them.
Action Requests – Open & Scan:
For open and scan requests you authorise us and our agents to open your mail on your behalf and the uploading of the item to your account on the Platform is sufficient for the scan request to have been completed. The scanning service is provided in respect of A4 pages only and a limit of 40 pages scanned per item applies. Items which are the subject of open and scan requests must be document feeder friendly for the scan to be completed.
Action Requests – Forwarding:
Unless otherwise agreed in writing requests for forwarding will be completed by standard post via the An Post service and the delivery by us of your item into the postal system is sufficient for the forwarding request to have been completed.
Action Requests – Tracking, Insurance & Courier:
Where tracking or insurance actions are requested such services shall be purchased from An Post on your behalf and you hereby give us your authority to do so and to accept on your behalf the corresponding terms and conditions which are available on the An Post website. We provide no warranty or indemnity in respect of An Post services and all follow up queries and customer care issues and claims or disputes regarding such services shall be a matter exclusively between you and An Post. The declared value of any one item will be €1 unless you advise us otherwise in writing. Maximum insured value is €100.
Where Courier services are offered by us and requested by you then such services shall be purchased by us from DHL on your behalf and you hereby give us your authority to do so and to accept on your behalf the corresponding terms and conditions which are available on the DHL website. We provide no warranty or indemnity in respect of DHL services and all follow up queries and customer care issues and claims or disputes regarding such services shall be a matter exclusively between you and DHL. The declared value of any one item will be €1 unless you advise us otherwise in writing. Maximum insured value is €100.
Collection & Access:
Collection requests must be made strictly by appointment and are subject to availability of post room personnel at the location and a minimum of 2 hours’ notice is required within regular office hours. An appointment to collect your mail must be made online using the mail collection appointment link provided to you at sign up stage. Identification may be required.
You must not visit the Property other than to collect your mail by appointment or pursuant to a reserved and confirmed meeting room or day desk reservation.
Mail handling may be carried out by us or our agents.
Un-actioned Items & Response Times:
If an item which has not been the subject of an action request by you remains in an un-actioned status for more than 6 months from the date of notification to you then we may in our discretion discard it unless you instruct us in writing otherwise and agree to pay any associated costs. This clause is subject to the circumstances applicable when an account is being closed.
We aim to respond to action requests made via the Platform quickly but you must allow up to 24 hours excluding weekends public and bank holidays for an action request to be completed or longer depending on volumes.
Misdelivered Mail:
In the event that you receive a mail item that does not belong to you then you agree not to request any action with respect to such mail other than to immediately mark as “not mine” in the Actions drop down menu of the Platform and then delete the item from the Platform. You further agree not to view, read, copy, print, download or otherwise distribute, disseminate, disclose, or use for any purpose any content or other information on or within a such an item.
Account Access & Security:
You are the sole authorised user of your account and online access thereto. You are responsible for maintaining the confidentiality of any password and account number provided to you for accessing the Service and you are solely and fully responsible for all activities that occur under your password or account. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security, you must reset your password and inform us of your suspicion.
8. The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
Identity Verification:
The Criminal Justice Act 2010 legislation provides that we must identify both you and your co-owners, the directors and the ultimate beneficial owner(s) of the business and to verify that identity in a number of ways to include the provision by you of ID documentation (for example a passport and recent utility bill). To allow us to fulfil these requirements you agree to complete the onboarding questionnaire found online here https://officesuites.typeform.com/to/CyeTGV or available on request and to provide the required documentation.
Ongoing Disclosure Obligations:
You also agree to advise us promptly and in writing of any changes to the directorship and the ownership structure (beneficial or otherwise) to your business and to any changes in your contact details during the course of this agreement.
Disclosure to Authorities:
As part of our compliance and policy, we also reserve the right to communicate and provide information to any official government agency, governing body or law enforcement agency to include the Gardai, Revenue Commissioners and the Criminal Assets Bureau or the Corporate Enforcement Authority, which may request the relevant documentation accrued as part of our Money Laundering Compliance or as part of any investigation into fraud, criminal activity or wrongdoing.
The relevant legislation also requires that under circumstances where we know or suspect that a transaction involves Money Laundering or Terrorist Financing we must make report to An Garda Síochána and to the Revenue Commissioners. By applying to use the Service you give us irrevocable authority to make such disclosures if in our sole discretion we consider it appropriate to do so.
Documentation Requirements:
Prior to furnishing us with any requested ID documentation you agree to redact any sensitive information that may be contained in the documentation that is not relevant to our request to establish and /or verify your identity. We will not be responsible for the release of information inadvertently disclosed on documents that are not appropriately redacted.
Ongoing Verification:
You agree to submit to the identification requirements herein and you accept that you are in a position to satisfy the said requirements at the time of sign up.
You agree to provide up-to-date identification and verification documents when requested by us so that we may continue to comply with our obligations under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and any related regulations. If you fail to provide such documents within a reasonable time we may suspend decommission or withhold some or all of the Service and any such action by us is without prejudice to your obligation to continue paying the Service Fee during the suspension period.
Licence Maintenance:
The ongoing provision of the Service is subject to any requirements under the Criminal Justice Act 2010 (as amended) and to the maintenance and renewal of our licence as a Trust or Company Service Provider.
Use of Third-Party Providers:
You acknowledge and agree that we may engage vetted third-party service providers to assist us in fulfilling our obligations under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended).
9. Restrictions – General
You agree that you will not use the Service in the following ways:
a) to receive items that are unlawful, obscene, threatening, harmful, libellous, an incitement to hate or violence or otherwise objectionable in any manner;
b) to impersonate any individual or entity.
c) to infringe our own or any third party’s patent, copyright, trademark, trade secret or other proprietary rights.
(d) to engage in mass marketing or mass surveys, or otherwise to receive an excessive volume of mail (as a guide, more than 60 items per month). Where your use exceeds this guide we will normally contact you first; we may then, at our discretion, increase the Service Fee to reflect your actual usage or terminate this agreement on one month’s written notice
e) as an address for service-of-process or the service of legal proceedings other than as a company registered office address of an Irish limited company.
f) to operate other than under the name style and business activity type that you represented to us in the questionnaire at sign up stage.
g) to indicate or hold out or knowingly cause any person to believe that the Service extends beyond the rights set out in this agreement or that you are the owner of any chattels on the property.
(h) to conduct any business that is unlawful, involves bribery or corruption, or is likely to give rise to civil or criminal liability, cause nuisance or annoyance to another user, or damage our reputation, or that is in competition with any service that we provide
(i) to sell, distribute or dropship goods or products — the Service is provided solely as a correspondence mailing address
(j) to display signage outside or anywhere within the Property, unless otherwise agreed with us in writing
(k) to store your company registers or statutory records at the Reserved Address, unless otherwise agreed in writing (you agree to comply with the requirements of Section 216(6) of the Companies Act 2014 as to the location and production of such records)
10. Restrictions – Visitors
You agree not to cause any person to visit you at the Property unless you have reserved a meeting room at the Property and the visit takes place by appointment with you during the time of your reservation.
You agree that we may disclose the nature of this agreement to any one that attempts to contact you at the Property and that we may deny them access to the Property.
11. Conduct
You agree to treat us, our staff and our agents with respect and to behave in a professional manner at all times. Rudeness, abuse, use of foul language, threatening behaviour or intimidation towards us, our staff, our agents or other occupants of the Property are grounds for immediate termination of this agreement under Clause 19.
12. Restrictions – No Use Pending Activation
When you sign up for the Service your account will be in a pending status until such time as we have approved and then activated your application. You agree that the sign up procedure is merely an application by you to us for the provision of the Service and you agree not to use or apply to use the Reserved Address in any way whatsoever pending account approval and activation and you accept that no service of any kind will be provided until your account has been approved and activated.
You accept that you will be charged for the Service from that time notwithstanding any delay in the completing the requirements necessary to approve your application and your failure to satisfy the said requirements will not give rise to any refund whatsoever notwithstanding that the Service has not been activated. Pending accounts can be closed by either of us at any time by written notification.
We reserve the right to refuse any application for the Service without providing a reason for doing so
13. Use of Address for Regulatory purposes
Registration & Regulatory Use:
If you seek to use the Reserved Address to apply for registration of your business with the Companies Registration Office in Ireland or Companies House in the UK or with any local authority, bank, credit union, government authority, state authority or taxation authority or similar entity whether in Ireland, the UK or anywhere in the world then you must ensure at the time of your registration application that they are aware of the nature of this agreement. We do not warrant that any such application will be successful and you agree that the seeking of independent professional advice by you is appropriate in circumstances where you seek to use the Reserved Address for such purposes.
Obligations on Termination:
In instances where the Reserved Address is accepted for regulatory or other purposes by any third party registries, regulatory bodies or authorities then on the termination of this agreement you will notify all such entities of the change in (or closure of as the case may be) your business address and deliver any necessary documentation to implement any such change and ensure that such change is carried out. Failure to do so within 14 days of termination will result in a penalty fee due to us by you of €100 plus €100 for every calendar month or part calendar month during which the failure persists.
No Specified Agent:
You acknowledge and agree that we do not act as a “specified agent” within the meaning of section 50(4) of the Companies Act 2014. You further agree that you will not represent or hold us out as a specified agent to any third party.
Limitation of Liability:
You acknowledge that any use of the Reserved Address for service of process or registered post is subject to the limitation of liability set out in Clause 28 and that we do not warrant that mail of this nature will be identified, opened or forwarded to you in time for you to act on it.
14. Meeting Room & Day Desks
Reservations & Access:
Subject to your ongoing compliance with this agreement and for the term of this agreement, you may use the Optional Services at the Property. Reservations for Optional Services are strictly subject to availability and may not be used outside the hours of 9am to 6pm Monday to Friday, excluding bank and public holidays. The maximum reservation period at any one time is 8 hours, and a minimum of 24 hours’ advance notice is required to reserve any Optional Service. Payment must be made in advance. Reservation requests must be made online, by email, or as we otherwise direct, and are subject to our confirmation.
Under no circumstances are you permitted to attend at the Property outside the hours for which you have reserved, and unless agreed with us in writing you may not use any area of the Property that you have not reserved.
You agree to respect the advertised person capacity of each Optional Service and to ensure your visitor numbers do not exceed it.
Day Desks:
The day desk room is restricted exclusively to the designated room. Day desks may not be used for meetings or collaboration with others, and only one person per business may reserve a day desk at any one time unless otherwise agreed. Reservations are not transferable and must be used by you as the identified individual, not by others.
Property Access & Security:
You agree to ensure that the main entrance door to the Property is securely closed behind you each time you enter or exit. You understand that security cameras are located within the common and shared areas of the Property, and that they are used in accordance with our Privacy Policy published on our website.
Care of the Space:
Any personal items or used items, including coffee cups, documents and wastepaper, must be removed on leaving, and the space must be left clean, tidy and ready for the next user. If you use our shared in-house computer, you must delete any data you have created, including emptying the computer’s trash folder, before leaving the room; we will not be liable for any data you leave on it.
Cancellations & Billing:
In the event of a booking cancellation, 72 hours’ notice is required, otherwise you will be charged for the full time booked.
If you have been provided with independent access by separate written agreement with us, your door access PIN and/or fob will be required to enter the relevant space. The hourly chargeable rate applies from the time you enter until the time you actually vacate the room and have removed all personal items, even if you booked for a shorter period; our access control data is definitive in determining this. Hours used in any calendar month will be charged at the prevailing rate plus vat, and part hours will be charged at the full hourly rate. Unused hours forming part of a bundle purchased or granted in any calendar month expire on the last day of that month and do not roll over.
Guests:
Your guests may not access areas other than the Meeting Rooms and, where appropriate, the toilet areas. You must ensure that the identity of your guests, including their full name and contact details, is known to you, that they are accompanied by you at all times, and you take full responsibility for their actions. You agree to advise us of your guests’ identity when requested.
Network & IT Use:
You shall not use our broadband or IT network for any illegal, unlawful or immoral purpose, for spamming, or for any purpose that may cause harm or nuisance or give rise to criminal or civil liability. You will not attempt to monitor, gain access to, or hack into restricted areas of the network or the computers or devices of any other occupant of the Property. You will not distribute any virus or harmful software on our network. You acknowledge that the broadband service we provide is shared and suitable for typical office use only, and although we implement security protocols, we do not provide any service level warranty (either expressed or implied) as regards degradation or loss of connectivity, and we make no representations as to the security of our network.
We recommend that you implement and keep up to date your own network security, including anti-virus, anti-spyware and encryption software, on all devices you connect to our network. We will not be liable for any loss arising from your use of the network.
15. No Assignment By You
This agreement is personal to you. You cannot assign sublicense or transfer it or any part of it to anyone. We reserve the right to transfer the benefit of this agreement together with our obligations under it at any time.
16. House Rules
You will comply at all times with House Rules to which we issue and update from time to time and are available on our website.
17. Extension
Monthly Plans: In the event that period of the Initial Term extends with our consent (such consent to be deemed as granted in the absence of written notice to the contrary) beyond the Initial Term and without the provision of written notice by either you or by us to end this agreement (such notice to be provided in advance of expiration of the Initial Term) then this agreement shall continue with the Service Fee at the then prevailing rate and may then terminated by either you or us by the provision of not less than three calendar months written notice such notice to commence on the 1st day of the month which follows the month in which notice is provided.
Yearly Plans: In the event that period of the Initial Term extends with our consent (such consent to be deemed as granted in the absence of written notice to the contrary) beyond the Initial Term and without the provision of written notice by either you or by us to end this agreement (such notice to be provided in advance of expiration of the Initial Term or in advance of any subsequent term on renewal) then this agreement shall renew automatically for a further twelve months with the Service Fee at the then prevailing rate with subsequent automatic renewals on each twelve month anniversary thereafter.
18. Termination By You
You may terminate this agreement by notifying us in writing on or before the expiry of the Initial Term that you wish to terminate. If you do not notify us in this way then in accordance with Clause 17 this agreement will automatically continue after the Initial Term.
19. Termination By Us
Grounds for Termination:
We may terminate or suspend this agreement immediately and without any other procedure if (a) you breach any of the terms of this agreement (b) you become insolvent or bankrupt or unable to pay your debts as they become due or being a company if you enter into liquidation whether compulsory or voluntary or has an administration order made in respect of your business or a receiver is appointed over your business (c) you enter into any arrangement or composition for the benefit of the your creditors or shall suffer any distress or execution to be levied on the your goods (d) your conduct is in our opinion inconsistent with typical virtual office use (e) it is our belief or the belief of any regulatory authority that the service is being used with malevolent, fraudulent or criminal intent (f) you provide incomplete, inaccurate or misleading information to us (g) you are unresponsive to our communications for 30 days or more (h) your activities could in our sole discretion be harmful to us or to our reputation or to other users of the Service (i) we discover or suspect that you have acted frequently or dishonestly in your dealings with us (j) we discover or suspect that you have omitted material information during the onboarding process or have mislead us in any way about your identity, the identity of your stakeholders or your business activities (k) you refuse to provide appropriate identification documents that we request pursuant to our obligations under The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended.
Effect of Suspension:
If we suspend your account by making it inactive then it will remain functional, but all action requests will be rejected for lack of funds and execution of pending services will be suspended. You will continue to incur charges in respect of your account. Suspension will end only upon our receipt of amounts sufficient to bring your account back to good standing.
Termination on Sale or Restructuring:
Separately from the grounds set out above, we may also terminate this agreement by giving you not less than three calendar months’ written notice where ownership of the Property, or of our business, is being transferred, sold, divided or restructured
Accrued Rights:
Termination of this agreement shall be without prejudice to any rights or remedies which may then have accrued to us against you in respect of any antecedent breach of any of the conditions contained in this agreement.
20. Treatment of your Account on Termination
Upon Termination the following terms will apply:-
a) Your account will be transferred into “closed” status all data will be deleted, and you will no longer have access to the Service.
b) we are automatically released from all of our obligations to you.
c) You will have seven days from the date of termination to request that any stored items are dealt with by the forwarding, collection or discarding options via a written request and subject to payment by you of any associated Additional Costs and outstanding balances. If this seven day request option is not exercised by you then all stored items associated with your account will be either “returned to sender” via the postal system or discarded.
d) items received after this agreement is terminated will be automatically “returned to sender” via the postal system or discarded.
Where you terminate this agreement we recommend that you allow sufficient time between the notification of your change of postal address to third parties and the termination of this agreement.
21. Prohibition on Use of the Reserved Address After Termination
Prohibition on Continued Use:
As of the date of Termination you agree that the Reserved Address will be immediately disassociated with you and you agree that you will immediately cease from publishing, using or holding out that you are associated with it in any way either directly or indirectly. Such association includes but is not limited to the use as a registered office address, a tax address, publication on any website, social media profile or use as a Google Business Profile or on Google Maps or similar online registry or listing.
Continued Association Fee:
Under circumstances where you have terminated this agreement and without prejudice to the above paragraph and to the fee referred to in Clause 13 any continued association of the Reserved Address with you after the termination date will give rise to a charge of €39 for each calendar month or part calendar month during which the association continues and you hereby authorise us to take payment of these sums from the payment method provided during the term of this agreement. In such circumstances we will notify you of continued association of the Reserved Address and the said monthly charge of €39 will continue until you confirm to us in writing that you have disassociated with the Reserved Address and we have independently verified same.
Change of Address Restriction:
At any time during this agreement, or after its termination, you shall not without our prior written consent, file or attempt to file any change-of-address request with the Post Office in respect of the Reserved Address.
22. Call Handling and third Party Services
For your convenience we may recommend third parties for the provision of other services to include telephone handling and telephone call answering. Such recommendations are made by us for your convenience only and we do not warrant that the services will be fit for purpose or suitable for your requirements. Prior to engaging any services recommended by us you should carry out your own due diligence as to fitness and suitability. If you request us to refer any such third parties you consent to the provision by us to them of your personal and contact information.
23. Call Divert Service
In the event that we provide you with telephone call divert service then the terms of this agreement shall extend to the provision of that service. The cost the phone divert service shall be in addition to all costs set out in this agreement and will be specified to you. The cost of calls diverted will also be charged to you at prevailing Eir Standard Rates + vat.
24. Privacy Policy & Personal Information
You expressly agree to our Privacy Policy, published on our website at officesuites.live, which explains how we collect, use and protect your personal data, including in relation to international transfers.
You expressly acknowledge and agree that we may engage third-party service providers, including providers located outside the European Economic Area (“EEA”), where necessary or beneficial in delivering the Services. Where personal data is transferred outside the EEA, we will seek to ensure that an appropriate safeguard recognised under applicable data protection law is in place before the transfer takes place such as an adequacy decision of the European Commission (including a provider’s certification under the EU-U.S. Data Privacy Framework, where applicable), or Standard Contractual Clauses approved by the European Commission. Further detail on the specific safeguards that apply is set out in our Privacy Policy.
You agree that we will collect and process your personal data in order to perform this agreement and to comply with applicable laws and regulations.
25. Marketing
Unless you tell us otherwise in writing, we may reference the fact that you have availed of our services, including your business name and logo, in our promotional material.
26. Tax
All prices quoted in the agreement are exclusive of VAT which will be charged in addition.
27. Indemnity
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable litigation fees, made by any third party due to or arising out of your use of the Service or violation of this agreement, or the violation by you of any rights of another Licensee, person or entity.
28. Waiver
Exclusion of Liability:
To the fullest extent permitted by law, we shall not be liable to you for any indirect, special, punitive or consequential loss or damage, or for any loss of business, revenue, profits, goodwill or data, arising out of or in connection with this agreement, whether in contract, tort (including negligence), or otherwise to include liability for:
a) mail that fails to be assigned to you
b) mail that is incorrectly assigned either to you or to others in respect of your mail
c) delays in forwarding, scanning or making available items in a timely manner or incomplete scanning of documents due to human error.
d) insufficient destruction or discarding or shredding of mail
e) mail that fails to be forwarded to you
f) delays in the provision by us of any part of the Service
g) diverting of phone calls as a result of technical failure
h) inadvertent or accidental disclosure to others of general, personal or commercially sensitive information.
i) mail that is damaged, lost, stolen, misdirected, accidentally deleted or undelivered.
j) data breaches by us or by vetted third parties that we use to assist us in carrying out due diligence pursuant to our obligations under The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.
k) data breaches by vetted third parties that we use to assist us in delivery of the Service.
l) where delivery protocols are not respected by delivery agents.
m) downtime of online elements of the service.
n) Use of vetted third-party service providers to assist us in fulfilling our obligations under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended) and in the delivery of the Service.
Liability Cap:
Subject to the paragraph below, our total aggregate liability to you arising out of or in connection with this agreement, however arising, shall not exceed an amount equal to the Service Fee paid by you in the three (3) months immediately preceding the event giving rise to the claim.
Statutory Carve-Out:
Nothing in this agreement excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) our fraud or fraudulent misrepresentation; or (c) any other liability which cannot lawfully be excluded or limited under the laws of Ireland.
Severability:
Each of the exclusions and limitations in this clause is a separate provision, and if any one of them is found unenforceable by a court or other competent authority, that finding will not affect the enforceability of the others.
29. Disclaimer
You expressly understand and agree that: (a) your use of the Service is at your sole risk and is provided on an “As Is” and “As Available” basis and that you expressly disclaim all warranties of any kind whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose; (b) we make no warranty that (i) the Service will meet your particular requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) any errors in the online element of the service will be corrected (iv) your personalised settings on the online element of the service will be saved indefinitely.
30. Notices
All notices given by either party pursuant to the provisions of this agreement are to be in writing and sufficiently served if delivered by hand or sent by registered post or recorded delivery or by email.
If any online link to a document referred to in this agreement fails to load, you may request that document from us and we will email it to you.
31. No Tenancy
It is expressly understood and agreed that any areas within the Property that this agreement permits you to use remains in our possession and control and that this agreement does not create a tenancy interest, leasehold estate or other real property interest.
32. This Is The Entire Agreement
This agreement supersedes any previous agreement you may have with us for the same services and constitutes the entire agreement between us. If two or more of you have signed the agreement your liabilities are joint and several.
33. No Waiver
The failure by us to enforce any of the provisions of this agreement shall not be construed as a waiver of our rights hereunder. No waiver shall be enforceable unless it is acknowledged by us in writing.
34. Force Majeure
We will have no liability in respect of any delay in performing or any failure to perform any of our obligations where such delay or non-performance is beyond our control. Such events include but are not limited to acts of God, power or mechanical or technical failure, breakdown, strike, flooding, pandemic, restrictions imposed by Government or local authorities, accidents and default of suppliers.
35. Changes To This Agreement
We may, from time to time, change, modify, add to or remove any of the terms of this agreement (including the Privacy Policy), and may change, improve, suspend or discontinue any part of the Service, acting reasonably and having regard to changes in law, regulation, our costs, or the way the Service is provided.
Where a change is administrative or minor, it takes effect once the updated agreement is published on our website at https://www.officesuites.live/virtual-office-terms/. Where a change is material, including a change to the Service Fee, a material reduction in the Service, or a change that materially increases your obligations or reduces your rights under this agreement, we will give you at least 30 days’ written notice before it takes effect.
If you do not agree to a material change, you may terminate this agreement by written notice to us before the change takes effect; the change will then not apply to you, and this agreement will end on the date the change would otherwise have taken effect, with no cancellation fee applying solely as a result of that termination. Your continued use of the Service after a material change takes effect will be treated as your acceptance of it.
Nothing in this clause limits any right you have at law that cannot be excluded by agreement.
36. Governing Law
This agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes) shall be governed by and construed in accordance with the laws of Ireland. The parties shall first attempt in good faith to resolve any such dispute through mediation before resorting to litigation. Subject to that, the parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland. Nothing in this clause prevents either party from seeking urgent injunctive relief from any court of competent jurisdiction.
In the event that any of the terms of this agreement are found to be unenforceable then such unenforceable terms will not impair the validity or enforceability of any other terms in this agreement and the parties agree that any deciding authority should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this agreement.
This agreement is copyright and may not be used or reproduced or replicated in full or in part without express written permission.