This is an Agreement between Asian Pacific Serviced Offices Pty Ltd, Level 4, 100 Dorcas St, South Melbourne, VIC 3205 (we, us, our, APSO) and the person or entity named as the Client in the schedule (you, your).
TERM: You must give us at least 30 days written notice of the date you want this Agreement to finish, even if that date is the Termination Date. If we do not receive notice from you at least 30 days before the Termination Date nominating the Termination Date as the date this Agreement is to end, this Agreement continues on a month to month basis. You agree that you may not and must not terminate this Agreement, or purport to do so, with effect from any date before the Termination Date except if we breach our obligations under this Agreement and that breach remains unremedied 21 days after the date on which you gave us written notice of that breach.
VIRTUAL OFFICE FEE: You agree that you must pay us the Licence Fee, the fees for the services and GST by way of Direct Debit within 7 days of us issuing our tax invoice to you. We may review the Licence Fee after the Termination Date by giving you not less than one month’s written notice. You agree that we may debit an additional 1.5% in respect of any amount paid to us using a credit card and that that amount is a reasonable amount to cover fees and charges our bank requires us to pay as well as our administration costs of processing your credit card payment. You can avoid that cost by giving us authority to debit a bank account instead.
OUR RIGHTS: We may give you not less than 30 days’ written notice during your agreement to terminate services should we experience any disagreeable behaviour that is detrimental to our on-going operations.
LIABILITY: You agree that we are not liable for any loss suffered by you or any other person claiming through you whether or not caused or contributed by us. You hereby indemnify us and agree to hold us indemnified against any claim or demand in respect of the services provided under this Agreement except to the extent prohibited by law.
INTEREST: You must pay us interest on all overdue money calculated at five per cent of the amount outstanding and compounded monthly. The interest continues to accrue until we receive all overdue monies owing, including interest.
DEFAULT: If you are in default under this Agreement we may immediately suspend provision of a service or terminate this Agreement. If your default relates to non-payment of money, APSO will take any further steps to recover the debt and notify details of your default to credit reporting agencies.
DISPOSAL OF UNCOLLECTED GOODS: If – when this Agreement ends – we hold any item we accepted for you or anyone connected to you or any item you left with us, then we have no obligation to issue any written notice about such item at any time to you or to anyone else, and we may treat it as forever abandoned. You warrant to us that any such item will then be free from any encumbrance or third party interest. We are not obliged to keep or retain any record about any such item, including its condition, specifications, date and manner of disposal. We may remove any such item and at our sole discretion dispose of it by destroying it, giving it away, selling it, offering it for sale a public auction or by private sale, or keeping it. We have no obligation to secure the best price for any item offered for sale by auction or by private sale. You agree that anyone who purchases any such item from us which is offered for sale obtains the item with good title, free from any interest that existed in the item in favour of any other person before the sale. We may apply any money realised from any sale first toward our costs incurred in connection with the sale, storage, repair, cleaning, treatment and transport of any such item, of disposal and then towards any money you are liable to pay us and then by paying any residue to you in any manner we choose.. You agree that you have no claim against us whatsoever in relation to any such item, whether under legislation or the common law, and that we may tender this document as an absolute defense to any such claim. You and we agree that if this Agreement is regulated by the Australian Consumer Law and Fair Trading Act 2012 (Vic), this clause 7 deals with all matters relating to the disposal of uncollected goods dealt with in part 4.2 of that act, with the intention that part 4.2 of that act not apply in the circumstances and to the acts referred to in clause 7.
OUR STAFF: You agree that you must not entice away from us any person who is in our employ. You agree that should you breach this clause we will suffer loss, damage and costs and you must pay to us the genuine pre-estimate of our loss, being $10,000 or 30% of the gross salary paid to our previous employee, whichever is the greater.
PRICE LIST: Our price list outlines fees you may be liable for if additional services are used. Fees are subject to change from time to time.
PROHIBITED OR ILLEGAL GOODS: You warrant and represent to us – with the intention that we rely on that warranty – that all your incoming and outgoing mail, courier and other deliveries will never contain any dangerous, prohibited, stolen, fraudulent or illegal goods. You authorise us to debit your nominated account for any costs we may incur in relation to your deliveries and agree that we are entitled to require that payment to clear before arranging for dispatch of goods. We are entitled to terminate this Agreement with immediate effect if there are indicators of fraud on your account, including credit card having payments reversed or being used for payments to us without the true card holder’s consent.
TERMINATION OF AGREEMENT: Options available for early termination request; 1. Transfer to another one of our locations in Melbourne, Brisbane or Adelaide. Noting the contract cannot be of lesser value 2. Transfer the VO contract into another company name. This will incur an administration cost of $50 + GST 3. Pay out the balance of the contract up to and inclusive of the expiry date, noted in this agreement.