Akzeptieren & Weiter

Allgemeine Geschäftsbedingungen

DEFINITIONS

The Property Quarter (TPQ) is made up of a number of areas that are referenced in this agreement, including but not limited to:

  • The Property Quarter Workspace (TPQ Workspace)
  • The Property Quarter Community (TPQ Community)
  • The Property Quarter Network (TPQ Network)
  • The Property Quarter Services (TPQ Services)

WHO WE ARE & WHAT WE DO

The Property Quarter is first and foremost a dedicated community for specialists in the property and construction industry. We want to enable members to grow their business through our network, either through use of The Property Quarter Workspace (see below) or as a community member with access to our networking events and wider online community.

We want to make it easier for consultants and freelancers in the industry to be able to bid for large projects as a full-service business whilst still maintaining their independence as consultants. We've already got some exciting ideas on how we'll do this and will work with our members to define it as we grow.

If you have any thoughts or ideas on this, please get in touch at [email protected]

No community would be complete without a base. So in addition to growing The Property Quarter Community, we have also opened a fantastic new Workspace. The Property Quarter Workspace will provide flexible memberships for property and construction professionals. We will provide access to desk space, meeting rooms, video conferencing tech and other big company facilities, to help you run your business in a professional environment.

Full details on our packages are available on our website.

The NM T&Cs; the CMB T&cs; the General T&Cs (where applicable); the terms and conditions specific to a service as set out in the Service Specific Terms and Conditions (where applicable); together with The Property Quarter Code of Conduct (as supplied to members from time to time) form the T&C’s (this agreement).

NETWORK TERMS & CONDITIONS (NM T&Cs)

DATA PROTECTION

The Property Quarter reserves the right at all times to disclose any information about you. Your participation in and use of the TPQ Services as The Property Quarter 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 The Property Quarter’s sole discretion.

The Property Quarter collects and processes members’ personal data to tailor Our range of Services to meet the needs of individual customers and to undertake administrative activities in relation to the TPQ Services. We will share relevant personal data with The Property Quarter third-party service provider of internet access and service desk support to facilitate Your use of Our Services.

By agreeing to these T&C’s you have opted in and given us Your specific consent to use Your personal information for marketing by The Property Quarter but not to any third party supplier. So that we can provide you with information about services, events and notable changes related to The Property Quarter.

INTRODUCTION

By accessing any part of the Website, you shall be deemed to have accepted these NM T&Cs in full. If you do not accept these NM T&Cs in full, you must leave the Website immediately.

The Property Quarter reserves the right to revise these NM T&Cs at any time by updating them. You should check the Website from time to time to review the current NM T&Cs, because it is binding on you. Certain provisions of these NM T&Cs may be superseded by expressly designated NM T&Cs or terms located on particular pages of the Website.

OWNERSHIP

You acknowledge that the Website is owned and operated by The Property Quarter.

The copyright and all other intellectual property rights in all material on the Website (including (but not limited to) photographs and graphic images) are owned by The Property Quarter or its licensors.

The copyright and any other intellectual property rights on the database, the design, text, pictures, graphics and the selection and arrangement of them and in all software compilations, coding, source code, software and in all documents and/or other material on the Website belongs to Us absolutely or is licensed to Us.

Users shall retain ownership rights in the text, messages, chat, files, images, photos, video, sounds, musical works, works of authorship or any other materials that they from time to time post or transmit to the Website (the “User-Generated Content”). Any User-Generated Content you post or transmit to the Website shall be considered non-confidential.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

USER-GENERATED CONTENT AND CONDUCT

You are prohibited from posting or transmitting to or from the Website any material:

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

for which you have not obtained all necessary licences and/or approvals; or

which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

which is technically harmful (including (but not limited to) computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data. (together “Inappropriate User-Generated Content”)

The Property Quarter shall fully co-operate with any law enforcement authorities or court order requesting or directing The Property Quarter to disclose or identify or locate anyone posting any Inappropriate User-Generated Content.

The Property Quarter accepts no responsibility for actively monitoring any forums contained in the Website for Inappropriate User-Generated Content. You agree that The Property Quarter accepts no liability whatsoever if The Property Quarter so chooses from time to time to edit, restrict or remove the User-Generated Content.

PROHIBITED USE OF THE WEBSITE

No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without The Property Quarter’s prior written consent.

**You agree that you will not: **

use the Website for any purpose that is unlawful (including (but not limited to) by hacking) or prohibited by these NM T&Cs;

use the Website in such a manner as would, in the sole discretion of The Property Quarter, cause harm to the Website or other Users or otherwise interfere with the enjoyment of the Website;

harass, abuse, bully, threaten or defraud another User;

use any robot, spider, scraper or other automated means to access the Website for any purpose;

attempt to gain authorised access to the Website through hacking, password mining or any other means; or

interfere or attempt to interfere with the proper working of the Website.

LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Property Quarter has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Property Quarter therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, any page of the Website, and subject to the following conditions:

you do not remove, distort or otherwise alter the size or appearance of The Property Quarter logo;

you do not in any way imply that The Property Quarter is endorsing any products or services other than its own;

you do not misrepresent your relationship with The Property Quarter nor present any other false information about The Property Quarter;

you do not otherwise use The Property Quarter mark displayed on the Website without express written permission from The Property Quarter;

you do not link from a website that you do not have the necessary authority or permission to link from; and

the website you are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of The Property Quarter or any other person or otherwise does not comply with all applicable laws and regulations.

SERVICE ACCESS AND MODIFICATIONS

While The Property Quarter endeavours to ensure that the Website is normally available 24 hours a day, The Property Quarter shall not be liable if for any reason the Website is unavailable at any time or for any period.

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond The Property Quarter’s control.

We reserve the right at any time and from time to time to modify or discontinue, You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

DISCLAIMER

We shall use Our reasonable endeavours to ensure the security of Our Web Site. We shall have no Liability where the security of Our Web Site is breached due to acts and/or omissions by You and/or where We have taken all reasonable steps to protect the security and integrity of the Web Site.

We shall use Our reasonable endeavours to monitor the material on Our Web Site and to ensure that any material that is immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or causes offence is removed from Our Web Site upon receipt of notice of any such material.

Any postings on the Web Site contain the questions, views, opinions and/or advice of -You and are not Ours.

We shall have no liability to You for any (including but not limited to):

direct, indirect, incidental, consequential losses or damages;

loss of profits and/or damage to goodwill;

use or inability to Use the Service;

loss of and/or corruption of data or other intangible loss;

transmission of virus and/or any other harmful code;

missed deadlines;

damages, loss of data due to the network provider failure;

damage to your computer, loss of data resulting to the download of any file from Our Web Site, be it from the result of software viruses, mail bombs, Trojan horses or any other computer code, files or programs designed to interrupt, damage, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

conduct of any third party.

Our total Liability to You in relation to any one claim shall not exceed 100% of the initial Registration Fee (excluding automatic renewal fees paid) that You have paid to Us.

Nothing in these TOS shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which we are not permitted to exclude or limit as a matter of law.

Nothing in this Contract shall exclude any of Your Statutory Rights as a consumer.

YOU FURTHERMORE ACKNOWLEDGE THAT:

The use of the service is at your sole discretion and risk. The service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties, conditions of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory description and quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property rights.

We make no warranties that:

The service will be uninterrupted, secure, or error-free;

The results that may be obtained from the use of the service will be accurate or reliable;

Any errors in the software will be corrected.

The Property Quarter does not warrant the accuracy and completeness of the material on the Website (including the User-Generated Content). The Property Quarter may make changes to the material on the Website (including User-Generated Content), or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and The Property Quarter makes no commitment to update such material.

The material on the Website (including the User-Generated Content) is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, The Property Quarter provides you with the Website on the basis that The Property Quarter excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law) which, but for these NM T&Cs, might have effect in relation to the Website (including the User-Generated Content).

LIABILITY

The Property Quarter, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of The Property Quarter’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website (including the User-Generated Content) in any way or in connection with the use, inability to use or the results of use of the Website (including the User-Generated Content), any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website (including the User-Generated Content) or your downloading of any material from the Website (including the User-Generated Content) or any websites linked to the Website.

Nothing in these NM T&Cs shall exclude or limit The Property Quarter’s liability for:

death or personal injury caused by negligence (as such term is defined by the Unfair Contract NM T&Cs Act 1977); or

fraud; or

misrepresentation as to a fundamental matter; or

any liability which cannot be excluded or limited under applicable law.

If your use of material on the Website (including the User-Generated Content) results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

TERMINATION OF NM T&Cs and CMB T&Cs (NETWORK MEMBERS ONLY)

Either party may terminate this Agreement for any reason and at any time whereupon The Property Quarter shall revoke access and either at the request of the Community Member or at the discretion of The Property Quarter remove User-Generated Content as soon as reasonably practicable after termination.

GENERAL TERMS & CONDITIONS (General T&Cs)

These apply to all members, except for Network Members

WHAT WE CAN SUPPLY (TPQ SERVICES)

The Services listed below may be subject to change and/or removal by Us:

  • TPQ Workspace
  • Copying, Printing and Document Scanning
  • Meeting Rooms
  • Virtual Networking
  • Work opportunities
  • Client Lunches
  • Registered Office Address Service
  • MailBox Service
  • PA Services
  • Engrossing & Proofing
  • Company Filing Services
  • Legal Updates
  • Accountancy (3rd Party)
  • Marketing (3rd Party)
  • Legal (3rd Party)
  • Other 3rd Party Services may be made available in the future and we’re always open to ideas from our members

HOW LONG DOES THIS AGREEMENT LAST?

This Agreement shall continue for an initial period of one month and thereafter until terminated in accordance with the termination provisions set out later on in these T&C’s

WORKSPACE (UNIT 4 HUNNS MERE WAY BRIGHTON OFFICE CAMPUS BN6 8AH)

You are permitted to use desk space (as specified by Us from time to time and subject to availability) within The Property Quarter Workspace for the period of time you have booked (the Licence Period) using Nexudus as Offices within Class B1(a) of the Town and Country and not otherwise You shall occupy the Workspace as a licensee and no relationship of landlord and tenant is created between Us and You by this agreement; We retain control, possession and management of the Workspace and You have no right to exclude Us from the Workspace; The licence to occupy granted is personal to You and is not assignable and the rights given may only be exercised by You; We shall be entitled at any time to require You to transfer to alternative desk space elsewhere within the Workspace.

You agree to:

  • keep the Workspace clean, tidy and clear of rubbish;
  • not make any alteration or addition whatsoever to the Workspace including for the avoidance of doubt the installation of any service media;
  • not obstruct any common parts of the Workspace, make them dirty or untidy or leave any rubbish on them;
  • not do anything that will or might constitute a breach of any necessary consents affecting the Workspace or which will or might vitiate in whole or in part any insurance effected by the any superior landlord in respect of the Workspace from time to time;
  • observe any reasonable rules and regulations We make and notify You of governing Your use of the Workspace;
  • not do or allow to remain upon the Workspace anything which may be or become illegal or cause a nuisance, annoyance, disturbance, inconvenience, injury or damage to Us or the other occupiers of the Building or adjacent or neighbouring premises and for the avoidance of doubt not bring or keep any animal fish reptile or bird anywhere in the Workspace;
  • You irrevocably appoint Us to be Your to store or dispose of any chattels or items You have left at the Workspace without express permission for more than ten working days after the end of the Licence Period. We shall not be liable to You by reason of that storage or disposal. You shall indemnify Us in respect of any claim made by a third party in relation to that storage or disposal.
  • Our fee rates for use of the TPQ Workspace are as set out on the Website;

No pets are permitted in the TPQ Workspace.

You should carry an insurance policy to cover Your own equipment while using the TPQ Workspace.

INTERNET

You are entitled to the use of free internet access subject to You complying at all times with the relevant provisions of the Digital Economy Act 2010 when using the free internet connection.

In the event that We experience any issues with the provision of internet service (whether temporary suspension or otherwise) We will not accept any liability or be held responsible for any loss or damage whatsoever which may be occasioned to a customer as a result of the occurrence of such issues. This limitation and exclusion of liability and responsibility shall apply however such loss or damage may arise whether directly or indirectly and You waive any right to make any claim whatsoever against Us arising out of or in connection with any such loss or damage.

You are entitled to use copying, printing and document scanning facilities at the TPQ Workspace. Printing and copying services are limited to 10 colour and 50 black and white copies per month as part of the monthly charging rate. Should printing, copying and scanning requirements exceed this, then an additional monthly package will need to be purchased. Monthly copying, printing and scanning charges paid but unused will not be refunded or rolled over into the following period.

In the event that The Property Quarter experiences any issues with the provision of the copying, printing and document scanning facilities (whether temporary suspension or otherwise) The Property Quarter will not accept any liability or be held responsible for any loss or damage whatsoever which may be occasioned to a Member as a result of the occurrence of such issues. This limitation and exclusion of liability and responsibility shall apply however such loss or damage may arise whether directly or indirectly and the Member expressly waives any right to make any claim whatsoever against The Property Quarter or any of the The Property Quarter companies arising out of or in connection with of any such loss or damage.

We ensure that The Property Quarter Workspace meets required IEE Electrical Inspection and Certification for fixed points and sockets but all equipment used at the TPQ Workspace must be PAT certified. It is Your responsibility that any equipment You bring into and use at the TPQ Workspace is PAT certified.

The subletting of meeting rooms or equipment or facilities is not permitted.

CONFIDENTIALITY

It is noted that members of the Property Quarter may undertake personal, private, sensitive or confidential work. All members are reminded that this is an open office (participatory space, community workspace etc.) and therefore should not disclose anything of a personal, private, sensitive or confidential nature to third parties. The Property Quarter cannot guarantee or ensure confidentiality both in the TPQ Workspace or whilst using the Internet and digital/technological infrastructure of The Property Quarter and is not responsible for any breach of confidentiality. The basic rule is, keep it in strict confidence and do not use what you overhear or find out directly or indirectly to the detriment of any other TPQ member.

MEETING ROOMS

BOOKING

Meeting rooms can be booked via propertyquarter.co.uk once you have registered as a member of The Property Quarter. All bookings are subject to availability and bookings will be added to your account and invoiced monthly. Completion of registration on Our website and payment of the booking fee constitutes an offer to Us to secure a meeting room and any equipment. We will send formal confirmation of your booking to You by email and only then will any contract between Us be formed. Such contract will only apply to those services which We have confirmed in our confirmation email. The booking is confirmed by email once it has been added to your account, at which point You will be liable for the fee outlined at the time of booking. If your meeting is likely to overrun the time booked You can amend Your booking online subject to availability. Bookings cannot be extended beyond Our normal opening hours of 9.00am to 6.00pm on working days (last booking at 5pm).

CANCELLATIONS

If You cancel within 48hrs of Your meeting, or fail to use the booking You will remain liable for the total booking fee. No refunds will be given for cancellation or failure to use the booking. However with 24 hours notice before the start of the meeting We can amend the dates if You need to rearrange so long as the booking duration remains the same and is not split up into multiple bookings. You must leave the meeting room clean, tidy and arranged as you found it. Any failure to comply will result in Us issuing an invoice to You for cleaning charges.

EQUIPMENT

The hiring of a meeting room includes the hiring of all tables and chairs and equipment within the room as detailed in the room specification on the website.

If You plan to use Your own computer/laptop during the room hire it must be PAT tested to conform with other legal requirements.

INTERNET

You are entitled to the use of free internet access subject to You complying at all times with the relevant provisions of the Digital Economy Act 2010 when using the free internet connection.

In the event that We experience any issues with the provision of internet service (whether temporary suspension or otherwise) We will not accept any liability or be held responsible for any loss or damage whatsoever which may be occasioned to a customer as a result of the occurrence of such issues. This limitation and exclusion of liability and responsibility shall apply however such loss or damage may arise whether directly or indirectly and You waive any right to make any claim whatsoever against Us arising out of or in connection with any such loss or damage.

You are entitled to use copying, printing and document scanning facilities at the Workspace. Printing and copying services are limited to 10 colour and 50 black and white copies per month as part of the monthly charging rate. Should printing, copying and scanning requirements exceed this, then an additional monthly package will need to be purchased. Monthly copying, printing and scanning charges paid but unused will not be refunded.

Any additional technical equipment you may wish to bring to the meeting room must be agreed with Us prior to the event and all such equipment must demonstrate it has been PAT tested.

You are liable for any damage to or loss of Our furniture, the meeting room or equipment (whether Yours or Ours). In the event of any damage or loss to Our furniture, the meeting room or Our equipment We will send you an invoice for the cost of repair and/or replacement which must be paid within seven days.

You will be given training on the equipment provided in the meeting room. You must not disconnect, change or tamper with any cabling or connections in the meeting room, other than those that You have been trained and given express permission to use. In the event of any technical issues our staff will endeavour to rectify the same for you.

You must not move furniture from the meeting room to any other part of Our premises without Our consent. We do not hold adaptors or chargers and so please bring Your own should they be required.

You are responsible for ensuring Your own behaviour and that of others attending Your meeting is at all times appropriate and in accordance with Our principles and values. We reserve the right to cancel any bookings for meetings that We in Our sole discretion deem inappropriate.

You must declare when booking the room the purpose of the room hire and the meeting room and equipment must be used for that purpose only.

You must not use the rooms or equipment in any way which results in annoyance or disturbance to us or any of Our employees or members of The Property Quarter or visitors or which may bring Our name into disrepute.

Persons attending our premises to use meeting rooms and/or equipment must keep their personal belongings with them at all times and we accept no liability for damage to or loss of personal belongings. We do not accept any liability for any loss (including without limitation theft) of any property from our premises save for any damage caused by our negligence in which circumstances our liability shall be limited to the amount of our insurance for such losses.

Any complaint about any services provided for a meeting or about the meeting room or any equipment provided must be notified in writing to us within fourteen days of your meeting.

SECURITY DEPOSIT

You have paid Us the Deposit as security for performance of Your obligations under this Agreement.

In the event of any withdrawal by Us from the Deposit due to any default of Yours, You shall replace any such sum withdrawn within 14 days of being notified of such withdrawal.

We shall return the Deposit to You within 20 working days of the expiry of this Agreement PROVIDED THAT You have complied with Your obligations under this Agreement and subject to the deduction of any monies due to Us pursuant to the terms of this Agreement. The payment of the Deposit shall not affect Our right to demand payment at any time in respect of any amounts due under this Agreement and You will have no right to insist on an offset at any time against outstanding fees.

We retain the right to demand payment to increase the deposit held, at any time, if circumstances reasonably require such an increase, such as an upgrade in Membership or Service Package.

GENERAL CONDITIONS RELATING TO TPQ SERVICES

You will not use the TPQ Services for any purpose that is unlawful or prohibited by these T&C’s. You may not use the TPQ Services in any manner that could damage, disable, overburden, or impair or interfere with any other party’s use and enjoyment of any TPQ Services.

You will not use any TPQ Services which We have not authorised You to.

You will follow and respect The Property Quarter Code of Conduct which may change from time to time but you will be supplied with a copy of any revised or updated versions.

All guests including business associates or customers must be signed in on arrival and are Your responsibility and You have a duty of care to other members so please be respectful.

You may not attempt to gain unauthorised access to any TPQ Services, or accounts, computer systems or networks or to any of the TPQ 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 TPQ 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 T&C’s and no further authorisation or approval is necessary. You further represent and warrant that Your participation or use of the TPQ 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.

You agree that when participating in or using the TPQ Services, you will not: Use the TPQ 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.

Upload, or otherwise make available, files 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 TPQ 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 other property.

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 TPQ Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Service.

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.

RISK ASSESSMENT

Section 3 of the Management of Health and Safety at Work Regulations 1999 states that every employer will assess the risks to health and safety of those who are in their care. You will accordingly be required to carry out a risk assessment for Your use of The Property Quarter Workspace and Services.

You must make yourself aware of Our risk assessment and fire safety procedures and how Your activity impacts on it and how Our risk assessment impacts upon Your activity.

NON-DISPARAGEMENT

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

SECURITY

CCTV (including WebCam) operate in the building and is used for security purposes and may be stored as such. The footage/imagery may also be available online for promotional and community focused purposes. The use of CCTV, live-streamed footage or captured imagery may be disclosed to third parties such as the police for but not limited to the prevention of crime, aiding criminal investigations, protection of The Property Quarter members or the business interests of The Property Quarter or its members.

MISCELLANEOUS

Permission to film or video events must be obtained in advance from Us.

There will be a charge for all replacement membership cards/key fobs or other property loaned to You as part of your membership.

CHANGE OF CONTACT DETAILS

You must notify Us of any change in personal or contact details.

ACCESS CODE/KEYFOB

Access Codes & Keyfobs may be supplied to You. Keys may occasionally be supplied to members that need them.

We must be notified of any loss of Keyfob or Key immediately and You will be responsible for the cost of providing replacements (including replacements for all other key holders if deemed necessary by Us).

You are not allowed to duplicate or have keys cut and must not pass them or Access Codes to anyone else. Persistent loss of keyfobs/keys or breach of permitted Keyfob/Access Code/Key use may result in termination of the Agreement.

POST

Unless you have paid for the Mailbox Service any post or goods delivered to the TPQ Workspace or documents served at the TPQ Workspace ("Post") and addressed to You or Your business are Your responsibility. We reserve the right to dispose of Post left for longer than one calendar month. We reserve the right to refuse to accept delivery of Post. You are responsible for all Post addressed to You or Your business or related interests whether We take actual delivery or not. You are asked to quickly collect Post. We are not responsible for notifying You if any Post arrives for You. We are in no way responsible for any loss or damage etc resulting in lost, unaccepted or uncollected Post. We reserve the right to charge a reasonable admin fee for any unauthorised use of the Mailbox Service.

HOW YOU PAY

The charges for membership of The Property Quarter and its Services shall be calculated in accordance with Our Packages & Rates as displayed on Our website OR provided to You at the time of purchase.

All rates are subject to change and You will be notified in writing at least 30 days before any change.

You will automatically be invoiced monthly in advance based on Your membership Package and any additional Services You have taken. Also included is any variable charge such as printer usage, catering etc 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 before or on the day of use unless other arrangements have been made with The Property Quarter.

Any additional costs You incur will be added to Your next invoice. However should the amount of additional costs, at any time exceed the amount of the Deposit held by Us, we reserve the right to issue an invoice on demand for immediate payment.

Monthly rates are to be paid in advance via credit or debit card without set-off, counterclaim or deduction.

We shall invoice You monthly in advance.

You shall pay each invoice submitted by Us: within 5 days of the date of the invoice; and in full and in cleared funds to a bank account nominated in writing by Us, and time for payment shall be of the essence.

All amounts payable by You are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made by Us to You, You shall pay Us such additional amounts in respect of VAT as are chargeable on the supply of the TPQ. Services at the same time as payment is due for the supply of the TPQ Services and We shall upon receipt of such payment issue you with a VAT invoice for such payment.

If You fail to make a payment due to Us by the due date, then, without limiting Our remedies, You shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%. We will charge You an admin fee of £25 each time We chase You for overdue sums.

On demand from time to time any additional costs incurred by the Licensor in respect of Your membership of The Property Quarter in excess of the usual charges reasonably and properly incurred in relation to the The Property Quarter in the Licensor's absolute discretion; on the 15th day of each month (or the first working day thereafter) the charges required by Us from time to time for all voice and data telecommunication services and for the use of the facsimile, photocopying, secretarial, word-processing, conference facilities, internet facilities, car parking and other services of which use is made by You;

Payment for any other Service(s) provided to You will be in advance by debit or credit card or by direct debit as advised at the point of ordering or booking the Service(s).

WITHDRAWAL OR SUSPENSION OF SERVICE

We have the right to withhold or suspend services (including for the avoidance of doubt denying You access to the TPQ Workspace & TPQ Community) while there are any outstanding fees and/or interest due to Us or You are in breach of any other material terms of this Agreement.

TERMINATION

You may terminate this Agreement by giving no less than one month’s written notice to Us at any time.

Without affecting any other right or remedy available to Us, we may terminate the Contract by giving You no less than one months' written notice. If this happens, We will refund any amounts paid for unused periods that remain after deducting any pending charges, on a pro rata basis.

Without affecting any other right or remedy available to Us, We may terminate the Contract with immediate effect by giving written notice to You at any time if: You commit a material breach of any term of this Agreement and (if such a breach is remediable) fail to remedy that breach within 2 days of Your being notified in writing to do so;

You take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with Your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of Your assets or ceasing to carry on business;

Your financial position deteriorates to such an extent that in Our opinion Your capability to adequately fulfil Your obligations under this Agreement has been placed in jeopardy.

You fail to pay any amount due under this Agreement on the due date for payment;

On termination of this Agreement You shall immediately pay to Us all of Your outstanding unpaid invoices and interest and, in respect of TPQ Services supplied but for which no invoice has been submitted, We shall submit an invoice, which shall be payable by You immediately on receipt.

It is Your responsibility to ensure that You have paid the correct amount and in the event that you are due any overpayment in such circumstances, we may charge an admin fee to cover the costs of making any such refunds.

Any keys or property are to be returned to Us immediately on expiry of this Agreement within 7 days after effective termination of the Agreement.

We may take such action as we deem appropriate including: Disabling Your username and password;

Removing, suspending or disabling your access to the TPQ Workspace, Community, Network or any content or Service provided by The Property Quarter;

Using any technological, legal, operational or other means available to enforce these terms.

OUR LIABILITY

We will not be liable to You or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or good will) or any other loss or damage which does not result directly from Our actions or omissions or the actions or omissions of Our employees, contractors or agents which is consequential or is not reasonably foreseeable to both You and Us when the Agreement between us was formed.

Nothing in these terms and conditions excludes Our liability to You for personal injury or death caused by Our negligence.

FORCE MAJEURE

We shall not be liable or responsible to You for any failure to perform or delay the performance of any obligations under these terms and conditions that is as a result of force majeure. Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the party claiming force majeure including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labour strikes and other similar events that are beyond our reasonable anticipation and control and are not attributable to Our failure to perform Our obligations under this agreement.

To the maximum extent permitted by the applicable law, We provide the TPQ Services “as is” and with all faults, and hereby disclaim with respect to the TPQ 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 TPQ Services, remains with You.

Nothing in the Contract limits any liability which cannot legally be limited, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

We accept no liability in respect of: Any of the content of the propertyquarter.co.uk (Website); including any as to the quality, accuracy, completeness or fitness for purpose of any such content and any guidance or other content and information in connection with new business space, property or land. This information on the Website does not constitute advice or recommendation;

any content submitted or uploaded by users of the Website; or

any content of any other website referred to or accessed by hypertext links or otherwise through this website (Third Party Site).

We shall not be liable for any damages, losses, expenses, costs or liabilities (whether direct, indirect or consequential) resulting from the use of, access to, or reliance upon the information contained in or available through the Website.

We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

We do not warrant that functions, materials and information available on the Website (and/or linked to the Website) will be uninterrupted or error free or that defects will be corrected. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.

You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy particular requirements for the accuracy and security of the data input and output. You are responsible for making all arrangements for you to have access to the Website and any charges associated with such access.

We will not be liable to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or omissions or the actions or omissions of our employees, contractors or agents is consequential or is not reasonably foreseeable to both you and us when the contract between us was formed.

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 The Property Quarter 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 these T&C’s and Your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by You based on reasonable reliance up to the amount of Your monthly membership. 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.

To the maximum extent permitted by the applicable law, in no event shall The Property Quarter 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 The Property Quarter, and even if The Property Quarter has been advised of the possibility of such damages.

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

You agree to indemnify Us against any loss or damage due to any act, omission or negligence on Your part and agree to indemnify Us if any act, omission or negligence results in invalidation of any insurance or any of the insurance company's refusal to pay out on any claim. You agree to indemnify Us for all losses or damage due to any act, omission or negligence by any guests or persons invited by You to The Property Quarter Workspace.

VARIATION

We reserve the right to change these terms and conditions from time to time. Where possible we will give You reasonable notice of changes and the date they take effect.

The packages of Services offered, and the level of membership charges and Service charges may also alter.
Prior notice to Members of any such alterations will be provided to the Member not less than 14 days before any such alterations, including alterations to membership charges, come into effect. By agreeing to these terms and conditions and by continuing to use the TPQ Services or any of them, Members accept that it is their obligation to check The Property Quarter Website for alterations and agree to be bound by them.

SEVERABILITY

If any provision or part-provision of these T&C’s is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these T&C’s.

ASSIGNMENT

We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Agreement.

You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.

NOTICE CLAUSES

Any notice given under these T&C’s shall be sent by email and include [email protected] Notice shall be deemed served at the time of delivery.

WORK REFERRAL AND RESTRICTIVE COVENANT

WORK REFERRAL
The Property Quarter is a collective and provides a “one stop shop” for those in the construction and property development industry who are in need of specialist consultants, contractors etc. You are encouraged to refer work to The Property Quarter and will be given the opportunity of taking on work referred to you by The Property Quarter. If You or a Developer Member referred by you refers work to The Property Quarter You will be paid 5% of the net invoice total for the professional services provided to a Developer Member when the invoice issued by The Property Quarter is paid.

If work is referred to You by The Property Quarter all such work will be carried out under Your professional indemnity insurance and You will owe Your own separate duty of care to all The Property Quarter clients. You will faithfully and diligently perform such work in good faith and with integrity. You will be paid 80% of the net invoice total invoiced to the client when the invoice issued by The Property Quarter for such work is paid.

You will issue Your own appointment letter to the client on Your usual terms and in accordance with all statutory regulations and practices which govern Your professional body where applicable. Your terms and conditions where necessary will be varied to include the following clause. “Notwithstanding any other terms and conditions agreed between us, we [ insert name of member or member company as the case may be ] acknowledge that you are the client of The Property Quarter although we owe you a duty of care in relation to the services with which we provide you. As such you will not be responsible for invoices for work we carry out for you which instead will be issued to you by The Property Quarter who will then pay us directly as their consultants once you have paid them.”

RESTRICTIVE COVENANT
In order to protect the business of The Property Quarter You agree that whilst being a member and within a period of 12 months after the expiry of this Agreement You will not solicit or endeavour to entice away from The Property Quarter or its members any of The Property Quarter clients or clients of its members who, during the period of this Agreement were clients of or in the habit of dealing with The Property Quarter or were a client of a member and You became aware of that client through Your membership and use of Services at The Property Quarter. Essentially the rule is don’t poach another members’ work but do network and come together with other members to get new clients and get work from other members’ clients outside their own service discipline. Grow Your business and help others grow theirs.

GOVERNING LAW AND JURISDICTION

These T&Cs shall be governed by and construed in accordance with English Law. Disputes arising in connection with these T&Cs shall be subject to the exclusive jurisdiction of the English courts.

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