Terms and Condition
In these conditions the following words have the following meanings:
- "Event of Insolvency" means an order being made or a resolution being passed for the winding up of the Operator or an order being made for the appointment of an Administrator to manage the affairs, business and property of the Operator or if a Receiver is appointed or if any of the Operator's assets or undertakings or if circumstances arise entitling a Court to make a Winding Up Order or if the Operator suffers any similar or analogous action in consequence of debt in any territory or jurisdiction;
- We are WehaveAnyspace and we are registered at Huizermaatweg 566, 1276LN Huizen.
- "The Operator" means the person(s), firm or company acquiring the services of WehaveAnyspace hereunder; "Sale" means the entering into by the Operator of a binding contract for the sale of the majority of its shares or assets.
2. Application of Terms
- 2.1 These conditions shall govern all services provided by WehaveAnyspace to the Operator to the exclusion of all other terms and conditions, to the maximum extent permitted by law.
- 2.2 Each introduction of a customer to the Operator by WehaveAnyspace shall be deemed to be subject to these conditions and any contract entered into between the Operator and a customer so introduced shall give rise to an obligation to pay commission in accordance with clause 3 below.
- 3.1 In consideration for WehaveAnyspace introducing customers to the Operator, the Operator will pay commission to WehaveAnyspace in accordance with this clause. An invoice will be raised by WehaveAnyspace when a deal is confirmed to them by the operator/landlord.
- 3.2 Such Commission will be payable within 14 days of the date of the invoice.
- 3.3 For the purpose of these conditions:
(a) The commission shall be an amount equal 10% ( up to a 1 years lease agreement) 12% for a rental agreement with a duration between 1 and 3 years and 15% with a lease with a term of 3 years or longer of the initial contract value of the first year excluding incentives and rental discounts unless an alternative percentage fee has been agreed between WehaveAnyspace and the operator; exclusive of VAT, GST or any local equivalents (if applicable), payable by the customer to the Operator / landlord during the first 12 months from the start date of the contract, including expansions that occur within the first 12 months.
(b) All sums payable by the operator to WehaveAnyspace pursuant to these conditions are exclusive of VAT, GST or any local equivalents (if applicable) subject to clause 3.4 below and will be payable to WehaveAnyspace in advance.
- 3.4 In the event of a sale or insolvency or an account being referred to our Legal Dept. for non-payment, all commission payable in accordance with this clause 3 shall become immediately due and payable in full.
- 3.5 All successful referrals of customers made by WehaveAnyspace to the Operator shall be deemed to be introductions giving rise to commission payments, unless the Operator is able to demonstrate to the reasonable satisfaction of WeHaveAnySpace, within 7 days of a referral, that it has previously been contacted by such person other than through an WehaveAnyspace referral. Any viewings arranged by WehaveAnyspace shall be deemed to be introductions giving rise to commission payments; this includes viewings arranged superseding referrals by other brokers.
- 3.6 It is required that all payments will be made to WehaveAnyspace by transmission directly to WehaveAnyspace's Bank.
4. Limitations, Exclusions and Indemnity
- 4.1 All warranties, conditions and other terms implied by statute or common law shall be excluded to the maximum extent permitted by law and WehaveAnyspace shall have no liability for any claim between the Operator and a customer.
- 4.2 Notwithstanding clause 4.1, the liability of WehaveAnyspace shall at all times be limited to the amount of commission received by WehaveAnyspace in relation to the letting in question.
- 4.3 The Operator shall indemnify and hold harmless WehaveAnyspace from and against all and any costs, claims, loss or damage arising in respect of any claims brought by a customer of the Operator or any third party arising out of the activities of WehaveAnyspace or the Operator.
- 5.1 These conditions shall be terminable with immediate effect by either party on the giving of written notice to the other.
- 5.2 Notwithstanding clause 5.1, any contract entered into following termination, between the Operator and a customer introduced by WehaveAnyspace prior to termination, shall give rise to the payment of commission in accordance with Clause 3 as if these conditions continued to apply.
- 5.3 If a Location is sold, it is your responsibility to advise WehaveAnyspace in writing and ensure that the new owners are aware of the future commission payment obligations to WehaveAnyspace . Where the Location is sold, it is expected that all liabilities & obligations to WehaveAnyspace will form part of the sale, thereby obligating the new owners to maintain all due future payments to WehaveAnyspace . Failure to comply will result in the original owners/vendors being liable for any outstanding and future commission payments. Commission will become due to WeHaveAnySpace once the operator has a signed agreement or a deposit or the client has taken occupation.
6. Late Payments
- 6.1 The Company reserves the right to add interest to outstanding overdue invoices at the rate of 8% above the ABN AMRO base rate.
- 6.2 Failure by the Company to collect outstanding overdue invoices will result in matters being placed in the hand of our Solicitors. The Company reserves the right to add any subsequent legal fees to the debt and these shall be payable by the Operator as well as any accruing interest, calculated in accordance with the prevailing ABN AMRO base rate from the date the invoice became due.
7. Governing law
- These conditions shall be governed by and construed in accordance with Dutch Law.
- WehaveAnyspace reserves the right to market all listed properties on partner and affiliate websites that market office space to potential office users. WehaveAnyspace is not responsible for the content or availability of any third party websites.
- 9.1 Any waiver by either party of any breach or non-compliance with these conditions by the other will not be construed as a waiver of any earlier or later default of a like nature.
- 9.2 With reference to the listing of property through WehaveAnyspace, the Operator/landlord agrees and shall comply with our terms and conditions by commitment of paying commission in accordance with clause 3.
- 9.3 Neither party shall be entitled to assign the benefit of these conditions other than to a subsidiary.
- 9.4 Except as may be agreed from time to time, neither party shall have authority to act for, represent or bind the other.
- 9.5 WehaveAnyspace provides its services hereunder as an independent contractor and not as agent, partner or employee of the Operator.
- 9.6 These conditions contain the whole agreement between the parties relating to the transactions contemplated hereby and supersedes all previous agreements between the parties relating to these transactions.
- 9.7 Each party acknowledges that in agreeing to enter into this Agreement it does not rely on any representation or warranty, collateral contract or other assurance other than those as set out in this Agreement. Each party waives all rights and remedies which, but for this sub-clause might otherwise be available to it in respect of such representation, warranty, collateral contract or other assurance, provided that nothing in this clause shall limit or exclude any liability for fraud.
- 9.8 The Company reserves the right to amend these Terms & Conditions at any time.