TERMS AND CONDITIONS FOR VIRTUAL OFFICE
- This terms and conditions (Terms and Conditions) govern the provision of the Services and Additional Service by Virtuality Consulting Limited (Virtuality) to the Client.
- The Client has entered into this Agreement for the provision of the Services and Additional Services by Virtuality. The Client agrees that the Services and Additional Services will be used only in accordance with these terms and conditions.
- Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of the offer, invoice or other document or information issued by Virtuality shall be subject to correction without any liability on the part of the Virtuality.
- This Agreement is for the initial fixed term period and shall be extended automatically on a monthly basis thereafter, depending on the frequency chosen by the Client.
- Where no notice of renewal is given by Virtuality, it is the Client’s responsibility to cancel within the terms below if they do not wish to renew the services.
- No variation to these Conditions shall be binding unless agreed in writing.
- CALL ANSWERING SERVICES
- The Client acknowledges in respect of the telephone answering service, that whilst Virtuality will endeavor to comply with the Client’s requests, unusual or client specific requests cannot always be met.
- The Client understands that Virtuality accepts no responsibility for direct or indirect losses to the Client or others as a result of any human, operational or technical errors.
- The Client accepts that calls will be taken by Virtuality within the agreed operating hours. Virtuality holds no responsibility for calls outside of standard service hours (8:00AM to 5:00PM, Monday to Friday). Changes to service hours can be made when agreed in writing to the service level required. All call answering services exclude public holidays, Saturdays and Sundays.
- Virtuality and the Client acknowledge that, from time to time, anomalies as a result of human error and technical faults may occur.
- All calls will be answered based on the information given in writing to Virtuality by the Client either at the point of agreement or later. The Client undertakes to provide sufficient information in the format requested.
- Any training required over and above Virtuality standard services training, will be paid for by the Client. Costs for additional training will be offered by Virtuality and will be payable in advance.
- The Client accepts that not every call will result in a message and that some callers will leave insufficient information for a complete message to be sent.
- Virtuality will make all reasonable efforts to filter unwanted calls.
- VIRTUAL OFFICE SERVICE
- When agreeing to the use of one of Virtuality’s Virtual Office, the Client agrees to the following:
- Virtual office services include the management of letter post and parcel deliveries only. We will securely store your mail and you will collect it within three (3) months or it will be securely shredded and destroyed.
- Virtuality offer to post you your mail every three (3) months at an additional cost.
- Where parcel deliveries are received, the Client agrees to collect the parcel from Virtuality within forty-eight (48) hours. Virtuality will advise you by email of the receipt of a parcel or delivery, and will hold it securely for the agreed period. Thereafter, parcels held by Virtuality will be charged at a cost.
- When using Virtuality services for a Virtual Office, the Client may use the designated address as its business address, but not its registered statutory address.
- Virtual Offices can only be used on a single business name basis, we will only accept mail for the Company name included in this agreement, any subsequent business names must be contracted separately.
- The Client will not use the virtual office address as registered office address under any circumstances unless agreed in advance as an additional service. Virtuality reserves the right to charge an annual fee for the registered service.
- Virtuality reserves the right to increase the fees of the Services and Additional Services by giving one (1) months’ notice in writing or email. All prices are inclusive of VAT.
- All fees to be paid by in advance, within three (3) days from the date an invoice is received from Virtuality.
- The service will not be activated until payment is received from the Client. Invoices and billing occur on the monthly anniversary of the service starting for the subsequent service month.
- Where a client receives a free initial period, billing will commence on the anniversary of the free trial period (agreement start date) to the end of that calendar month- normal billing will commence thereafter, with billing for the next subsequent month taken in advance.
- Virtuality will send all invoices electronically.
- Any payments taken are non-refundable unless they comply with our termination terms.
- CONDITIONS OF USE
- The Client shall not use or permit to be used the services being provided by Virtuality for any illegal purpose or for any purpose considered by Virtuality to be immoral or which may damage prejudice or endanger the reputation and standing of Virtuality and it Clients.
- The Client shall provide Virtuality with personal identification, (passport or driving license) of the Client’s principal officers and proof of home address.
- Should The Client be in breach of 5.1 Virtuality shall be entitled to terminate this Agreement immediately.
- During the period of this Agreement and for a period of six months after it ends, Virtuality or the Client will not knowingly solicit or offer employment to any of the other’s staff employed by Virtuality. It is acknowledged that the party in breach shall pay the non-breaching party the equivalent of one year’s salary from any employee. This Clause is not intended to restrict either party from employing an individual who responds in good faith and independently to an advertisement which is made to the public at large.
- The Client must not carry on a business that competes with Virtuality business of providing serviced office accommodations, virtual offices and call answering.
- FORCE MAJEURE
- Virtuality shall not be liable to or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of Virtuality’s obligations in relation to the Services or the Additional Services, if the delay failure or loss was due to any cause beyond Virtuality’s reasonable control.
- To the maximum extent permitted by applicable law, Virtuality will not be liable for any loss sustained as a result of Virtualitys’ failure to provide a service as a result of any mechanical breakdown, strike, or termination of Virtualitys’ interest in the building containing the virtual office.
- The Client herewith expressly agree to waive, and not to claim for damages, direct, indirect, punitive, special or consequential, including, but not limited to, lost business, revenue, profits or data, for any reason whatsoever arising out of or in connection with this agreement, any failure to furnish any service provided hereunder, any error or omission with respect thereto, from failure of any and all courier service to deliver on time or otherwise deliver any items (mail, packages, etc.) or any interruption of services.
- The Client agrees to indemnify and hold Virtuality and its, suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of any information, information, submitted, posted, or otherwise provided by the Client to Virtuality.
- The Client agrees to indemnify and hold Virtuality and its, suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of the use by the Client of the Services and/or the Additional Services.
- EXCLUSION OF LIABILITIES
- THE CLIENT EXPRESSLY AND SPECIFICALLY AGREES TO WAIVE, AND AGREES NOT TO MAKE, ANY CLAIM FOR DAMAGES, DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS, REVENUE, PROFITS OR DATA, FOR ANY REASON WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS TERMS AND CONDITIONS, ANY FAILURE TO FURNISH ANY SERVICE PROVIDED HEREUNDER, ANY ERROR OR OMISSION WITH RESPECT THERETO, FROM FAILURE OF ANY AND ALL COURIER SERVICE TO DELIVER ON TIME OR OTHERWISE DELIVER ANY ITEMS (MAIL, PACKAGES, ETC.), OR ANY INTERRUPTION OF SERVICES.
- This Agreement may be terminated by giving formal written notice on company headed paper or a company email account stating his or her intention to terminate the Agreement. This formal notice will need to be received before the anniversary of the subscription date notifying Virtuality of the intention to terminate the Agreement at the end of the next full month on the expiration of the agreed initial fixed term.
- For the avoidance of doubt, any annual subscriptions will need to be cancelled at least one full month before the anniversary of the subscription date. Any cancellations received after this date will apply for the following year’s subscription.
- This Agreement may be terminated by Virtuality, by giving not less than one full month’s written notice of the intention to terminate the Agreement on the expiration of the agreed initial fixed term.
- The following obligations are conditions of this Agreement and any breach of them shall be deemed to be a fundamental breach which shall determine this Agreement immediately:
- Failure on the part of the Client to make punctual payment of all sums due to Virtuality under the terms of this Agreement; or
- Failure on the part of the Client to observe any of its obligation under this Agreement.
- In the event of this Agreement being terminated, the Client shall immediately pay to Virtuality any arrears in respect of Services and/or Additional Services provided by Virtuality and any other sum due under the terms of this Agreement.
- In the event of Virtuality owing any sums to you on the termination of this Agreement, Virtuality shall return to you any money due, subject to withholding a sum representing Virtuality’s reasonable administrative costs.
- Any notice under this Agreement shall be in writing and shall be sufficiently served upon you if posted to the address communicated to Virtuality from time to time or emailed and upon Virtuality if posted to 90, Olonode street, Alagomeji, Yaba
- GENERAL DATA PROTECTION REGULATIONS
- By entering into this agreement with us you will provide to us various pieces of personal information, which we will need to provide you with the high-quality service you require, to ultimately facilitate the successful virtual office and/or call answering services.
- The information required by us will vary depending on circumstances. It will include the information within this agreement, but it may not be limited to this information.
- In all cases we will hold your personal information securely, either in hard copy or digitally within our software.
- Your details may be added to our mailing list and we may send you information regarding other relevant services we can provide to you. You will be able to unsubscribe to these emails at any time.
- We will retain the personal information we hold for up to six (6) years.
- This Agreement shall be subject to and construed in accordance with the Laws of the Federal Republic of Nigeria.
Each party irrevocably agrees that High court of Lagos, Lagos State Lagos shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.
TERMS & CONDITIONS FOR WORK STATION
VCL permit you to use the space (or such other space for the same number of workstations as we may select) until the end of the licence period or earlier if ended in accordance with this Agreement.
- Keep the Space tidy;
- Use the space (or such other space as given by us) and any furniture and equipment in a reasonable manner;
- Pay the Licence Fee on the due dates plus VAT;
- Comply with all current legislation application;
- Conduct your business from the space in a way that does not interfere with us or with any other occupiers of the property. Any act or omission on the part of any of your employees is deemed to be the act or omission of you;
- Vacate space at the end of the Licence Period or on earlier determination of this Agreement;
- Indemnify us from and against all costs, losses claims and demands arising out of any breach by you of any of the terms of this Agreement.
- You must not:
- block to interfere with our right of possession and control of the property;
- obstruct access to or within the property;
- Use or allow any other person to use the Space or the Property as its registered office without our express written consent. If we request in writing that this must stop you must make sure that anyone who is using the Space or Property as its registered office stops;
- Bring any office furniture into the space or install or connect to any utility or electronic communications service in the Space excepts as permitted by us in writing in our absolute discretion;
- Change the space or carry out any work in or the space;
- unless required in an emergency, move any fire extinguishers;
- Interfere with our business or in any way try to take away or make any offer of employment to any of our employees or members of staff. If you breach this provision then we are entitled to compensation equal to the total annual salary of the employee(s);
- Cause any nuisance or inconvenience to us or any occupiers at the property;
- Do anything that may bring the property into disrepute or that may affect our or of any other occupier’s credit rating;
- Cause any damage to the space (or such other space as we give you) or any furniture and equipment.
- You agree and confirm that nothing in this Agreement creates the relationship of Landlord and tenant or confers on you any security of tenure, and acknowledge our right at any time to alter the location within the property of the space.
- This agreement is personal to you and is not capable of assignment.
- Where you are more than one natural or legal person, your liability is joint and several.
- This Agreement can be terminated;
- By not less than 21 clear days written notice given by either party to the other;
- Immediately on written notice in writing from us to you in the event that the property and/or sharer’s space becomes unusable or inaccessible due to fire, explosion or any other cause, and any advance payment of licence Fee made by you before such notice in respect of a period after that date must be repaid by us to you;
- By not less than one week’s notice in writing from us to you in the event of you committing a breach of your obligations in this Agreement;
- Immediately on written notice by us in the event that you suffer an event of insolvency including receivership, administration, bankruptcy or liquidation.
- Any notice by us to you will be sufficiently served if left at the Space.
- This Agreement shall be governed by and interpreted according to the law of the Federal Republic Nigeria and all disputes arising under the Agreement shall be subject to Negotiation and Arbitration only.
TERMS & CONDITIONS FOR HALL RENTAL
THIS HALL RENTAL AGREEMENT (“Agreement”) is made as of the date set forth below by and between:
Virtuality Consulting Limited, having an address at 90, Olonode Street, Alagomeji, Yaba, Lagos State (hereinafter referred to as the “Virtuality”)
and ……………………………………………………………………………….. Having an address at …………………………………………………………………..hereinafter referred to as the “Lessee”).
The Lessee desires to rent from the hall (herein referred to as The Legation) and the Virtuality desires to rent to the Lessee The Legation located at No 41, Industrial Avenue, Sabo, Yaba Lagos State on the terms and conditions set forth below.
NOW, THEREFORE, for good and valuable consideration, the receipt are hereby acknowledged, the parties hereto agree as follows:
- Terms of Rental. Subject to the terms and conditions contained herein, during the term of the Rental Period the Virtuality hereby rents to the Lessee The Legation for Lessee’s use solely in connection with the following event: …………………………………………………………………….. (the “Event”). In connection with the said rental, the Lessee shall have access to and use of the Hall’s restrooms, lights, and parking lot. Where the Lessee wishes to use the Chairs and tables available in the all, parties shall agree on reasonable and accepted price range.
- Rental Period. The Lessee shall have use of the Hall for the Event on the ………… day of …………… between the hours of ………….. And …………… (the “Rental Period”). The Rental Period includes any set up time for Lessee’s Event.
- Rental Charge. In consideration for use of the Hall for the Event, Lessee shall pay a rental fee of N……………. (the “Rental Charge”), payable in full fourteen (14) days prior to the date of the Event.
- Reservation Deposit. A deposit of N ________________ (the “Reservation Deposit”), is held as a reservation for the function and will be credited towards the function price. If the Lessee wishes to cancel the function for any reason, the deposit shall be nonrefundable as a pre-estimate of the costs incurred not as a penalty.
- Security Deposit. In addition to the Rental Charge, Lessee shall pay an additional charge of N……………… (the “Security Deposit”) upon execution of this Agreement. Within ten (10) days of the conclusion of the Event, Virtuality shall refund the Security Deposit to Lessee provided that the Lessee or anyone attending Lessee’s event, has not caused damage to the Hall, its contents and has adhered to any specific usage rules and regulations which have been provided by Virtuality and are incorporated into this Agreement. Upon demand the Lessee shall immediately pay Virtuality the cost to repair any damage in excess of the Security Deposit.
- Maximum Capacity. No more than………….. ( ) persons shall be permitted in the Hall at any one time.
- Decorations. The only decorations permitted in the Hall are those which may be placed on the floor or on the tables. The Lessee shall not hang, tape or suspend decorations from the walls or ceilings of the Hall unless expressly authorized in writing. It shall be Lessee’s responsibility to promptly remove all decorations upon conclusion of the Event.
- Rental Chairs, Tables and Other Equipment. Lessee may with the prior written consent of Virtuality, rent chairs, tables or other equipment other than those already present in the Hall for the Event. The Lessee shall be solely responsible for use of any such third party rentals and shall promptly remove any such additional chairs, tables or other equipment at the end of the Rental Period.
- Damage. Lessee shall be responsible for, and shall reimburse and indemnify Virtuality for any personal injury or property damage, or loss or liability of any kind incurred by the Virtuality as a result of any of the activities of the Lessee or of Lessee’s guests, incurred in connection with Lessee’s rental of the Hall. Upon conclusion of the Event, Lessee shall surrender possession of the Hall in the same condition as existed prior to the Event.
- Compliance with Laws. The Lessee shall at all times comply with all applicable laws and regulations and shall not use or occupy the Hall for any unlawful purpose or permit others to use or occupy the Hall for any unlawful purpose.
- Indemnity. Lessee shall indemnify and keep and hold harmless Virtuality from any and all damages, costs, expenses, and liability for anything and everything whatsoever, arising from, or out of, the occupancy by, Lessee of the Hall and from any loss, or damage, arising from any default, or negligence, by Virtuality, or failure on the Virtuality’s part to comply with any of the covenants, terms, and conditions herein contained.
- Rules and Regulations. Virtuality reserves the right to add additional rules and stipulations to use of the Hall from time to time in its sole discretion, which rules and regulations shall be shared with the Lessee and are hereby made a part of this Agreement. Non-compliance with any such rules or regulations may result in immediate termination of this Agreement, closing of the Hall and removal of the guests from the premises at the option of Virtuality and forfeiture of the Security Deposit.
- Assignment. Lessee shall not assign or otherwise transfer this Agreement without Virtuality’s prior written approval. Any purported assignment or transfer in violation of this Section 15 shall be void.
- Force Majeure. Virtuality shall be excused for any failure or delay in performing any of its obligations under this Agreement if such failure or delay is caused by force majeure. “Force Majeure” means any act of God or the public enemy, any accident, explosion, fire, storm, earthquake, flood or impracticality (including potential violation of any applicable law, rule or regulation), or any other circumstance or event beyond the reasonable control of the party relying upon such circumstance or event.
(a) Should any part or provision of this Agreement be found unenforceable, the validity and enforceability of such part or provision to this extent not found to be unenforceable, and of the remaining parts or provisions, shall not be affected.
(b) This Agreement embodies the entire agreement of the parties hereto, and there are no agreements or understandings relating hereto which are not set forth herein. No modifications of this Agreement shall have any force or effect unless in writing and signed by both parties.
(c) No waiver of any provision hereof or the failure to correct a breach hereof by either party shall act as a waiver of such provisions or of the right to enforce any subsequent breach hereof.
(d) This Agreement shall be governed and interpreted in accordance with the law of the Federal Republic of Nigeria. The parties hereto hereby submit to the jurisdiction of the High court of Lagos, Lagos State for the purposes of interpretation and enforcement of this Agreement.