Terms and Conditions
Terms and conditions between Flexioffices (or one of its subsidiaries) and the provider.
1. Definitions:
1.1. The Provider means person, firm or company acquiring the services of Flexioffices or any of its subsidiaries.
1.2. The registered address of Flexioffices is 53-64 Chancery Lane, London WC2A 1QS.
1.3. Insolvency means an order being made or a resolution being passed for the winding up of the Provider or an order being made for the appointment of an administrator to manage the affairs, business and property of the Provider, or if a receiver is appointed or if any of the Providers assets or undertakings or if circumstances arise entitling a court to make a winding up order or if the Provider suffers any similar or analogous action in consequence of debt in any territory or jurisdiction.
1.4. Definition of license: For the purpose of this agreement, license fee is to be defined as the inclusive charge for the occupation of space, composing of rent, rates, service charge, lighting, heating, cleaning, water and reception services where available. Providers may include additional services within the license fee such as security, use of meeting rooms etc.
1.5. The Provider appoints Flexioffices for the introduction of customers, subject to the following terms:
2. Terms:
2.1. All referrals of customers by Flexioffices shall be deemed to give rise to commission payments upon completion of contracts, unless the Provider is able to demonstrate to reasonable satisfaction within 48 hours of a referral that it has previously been contacted by such persons other than through a referral from Flexioffices.
2.2. Any viewings arranged by Flexioffices shall also be deemed to be introductions of referrals which will also give rise to commissions as per clause 2.3.
2.3. Commission payable for a successful introduction shall be an amount of 10% of the fully inclusive license fee payable by the customer to the Provider during the first 12 months of the customer’s occupancy, unless additional fees are agreed by prior arrangement. The payment is due in advance for the term of the contract up to 12 months.
2.4. If a customer signs up for an initial period of less than 12 months, Flexioffices is entitled to charge commission on any renewal fees up to 12 months, irrespective of whether Flexioffices were involved in the renewal discussions.
2.5. For deals exceeding 12 months that include a rent-free period in the first year, Flexioffices shall invoice on the following basis:
Monthly license fee, multiplied by the total number of paid months, divided by the total term in months, multiplied by 12, multiplied by 10% (or the higher fee as agreed by the Provider). By way of an illustration:
• A customer signs up for 3 years paying £1000 per calendar month. There is an agreed 3 month rent free period, months 1-3. Commission is calculated as follows: (1000x33/36 x12) x 10% = £1099.99
• A customer signs up for 2 years paying £2500 per calendar month. There is an agreed 2 month rent free period, months 11 and 12. Commission is calculated as follows: (2500x22/24 x12) x 10% = £2749.99
2.6. Should the license fee increase or decrease during the first 12 months it is the responsibility of the Provider to advise us and our invoices will be adjusted accordingly.
2.7. The commission shall be due as soon as the Provider receives a paid deposit.
2.8. In the event that a referred customer proceeds with a freehold or long leasehold purchase then our fees will be based on 2% of the purchase price plus VAT unless prior agreement has been reached.
2.9. The Provider agrees to advise Flexioffices of a deal completion, providing Flexioffices with the applicant details including start date, license fee received and company name.
2.10. Introductions will be deemed accepted for a period of 6 months from receipt, unless it is agreed mutually that the lead should be set to lost before the 6 month period has come to an end.
2.11. Such commission payments will be payable within 30 days of date of the invoice. Failure to receive payment within this time will entitle Flexioffices to charge interest at the rate of 8% above Barclays Bank base rate.
2.12. Failure by us to collect outstanding fees will result in the matter being placed in the hands of our solicitors. We reserve the right to add any subsequent legal fees to the outstanding debt.
2.13. It is understood that any client, applicant or customer that is referred to you by Flexioffices or associated companies are strictly for use of the Provider only. The Provider can only use the referral information in relation to offering workspace services. It is not to be passed on to third parties including other agents and brokers. If a customer is referred to a different part of the organisation and a different product is taken such as a traditional lease, then fees outlined in 2.3 above will apply unless there is prior agreement. 2.14. When the same lead has been supplied by more than one introducer, fees will be payable to the introducer who was responsible for completing the first viewing. In the event that an introducer does not arrange a viewing, then the first introducer to make the referral secures the fee.
2.15. When a Flexioffices referral is not received by a Provider due to factors out of our control, such as the referral being placed in spam, the point of email contact away or no longer in the organisation without the centre notifying Flexioffices, Flexioffices will deem that a successful introduction has been made.
2.16. Where Flexioffices have not received a Provider signed copy of these terms and conditions, on completion of any action involving a referral received by Flexioffices, it is assumed that these terms and conditions will apply. Terms and Conditions 3 Jun ‘21 2.17. If a successful Flexioffices referral does not fulfil their commitment for any reason and their deposit is retained by the Provider, Flexioffices will be entitled to 10% (including VAT) of the deposit payment. Where the Provider decides to terminate the contract with a customer placed by Flexioffices in order to accommodate an alternative occupier, no credit will be deemed payable by Flexioffices. 2.18. You agree not to employ or offer to employ, in any capacity, directly or indirectly any employee of Flexioffices. If this clause is breached, you agree to pay us a one-off sum equal to the full annual salary of the employee in question.
2.19. We will be sharing clients’ details with you, you will be jointly controlling the data we initially gather. This is because you will be in a position to approach the client directly and present your offering based on their criteria. We have put together a data sharing agreement which fully explains this joint control. By signing these terms, you are confirming that you are aware of how we comply and what you need to be aware of when receiving client details from us.
3. Termination of Agreement:
These terms and conditions shall be terminable with immediate effect by either party on giving written notice. Once an agreement is terminated by either party, a customer introduced by Flexioffices prior to termination date which gives rise to a fee due in accordance with the forgoing, these conditions shall still apply.
4. Change of Ownership/Insolvency:
In the event of a sale or insolvency, commission payable in accordance with these terms and conditions shall be due and payable in full. It is the responsibility of the Provider to advise Flexioffices in writing to ensure the new owners are aware of future commission payments and obligations to Flexioffices. Should a subsequent owner not agree to cover remaining commission obligations, then those payments will be due from the vendor.
Download our data sharing agreement here
