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LANDMARK VIRTUAL OFFICES LIMITED STANDARD TERMS & CONDITIONS OF BUSINESS 3. PAYMENT OF CHARGES employees or independent contractors, in respect of any its 1. DEFINITIONS AND INTERPRETATIONS obligations (whether to the Client's agent, employees or 3.1 All fees for the use of Landmark's services are payable on the receipt subcontractors). 1.1 Definitions of invoices by the Client. Should the Client fail to pay Landmark for a. “Agreement” shall mean the standard terms of business, the such services within 1 (one) week of the receipt of such invoices, Iv. the negligence of Landmark its agents, employees, or independent application form and its acceptance (and any renewal thereof) Landmark have the right to retain any correspondence addressed to the contractors, and whether claimed or arising pursuant to any statute between Landmark and the Client, subject only to any amendment in Client or suspend the provision of any other services until such Client or in contract, or in negligence, or otherwise however to the extent VICTORIA ISLAND & IKOYI writing signed by Landmark Virtual Offices Ltd (Landmark). makes the payment. Any invoiced amounts left outstanding after their due permitted by this Agreement. date will be subject to interest at the prime lending rate of Diamond Bank b. "Client" shall mean the party completing the attached application Plc. 5.4 No failure or relaxation of Landmark of any of its rights herein shall form. operate as a waiver of its rights under the contract. 3.2 Apart from any standard fees for the use of Landmark's services, c. “Force Majeure Event” includes any act of God, war (whether war be which may be amended without notice from time to time the Client 5.5 Landmark may assign or subcontract all or any part of its rights and declared or not), emergency, strike, industrial dispute, accident, fire, agrees to reimburse Landmark, forthwith in full, in respect of charges obligations herein. The Client may not assign or purport to assign the earthquake, flood, storm, tempest, terrorism, or any act of God or incurred on his behalf for telephone calls, facsimile transmission, benefit of all or any part of the Agreement or interest therein. other cause beyond the reasonable control of the party affected hospitality and concierge services and postal charges and fees excluding the obligation to pay money. brought about by third parties involved. 6. DURATION AND TERMINATION d. “Premises” shall mean ----------------------------------------------------- 3.3 All fees and deposit must be paid in advance to Landmark in 6.1 This agreement may be terminated in respect of services for which no ------ -------- ----------------------------------------- accordance with the attached application form. fixed term is specified by either party, giving to the other not less than LANDMARK 3.4 The client shall ensure all monetary payments (cash, cheque or draft) four weeks written notice. In the case of the use of the Registered ------------------, Lagos or any other premises from which Landmark for the use of the services shall be made in the name and for the Office facilities Landmark reserves the right to terminate the services may conduct its business from time to time. benefit of LANDMARK VIRTUAL OFFICES LIMITED and on giving one week's notice, and in this event any fees will be consequently accept only invoices, receipts, bills, vouchers or other refunded pro-rata. e. “Business Hours” shall be between 8.00am and 6.00p.m Mondays to payment or receipt documents produced in the name of LANDMARK Fridays except weekends, public holidays and all such hours or days VIRTUAL OFFICES LIMITED. Cheques must be drawn in Naira on a 6.2 Landmark reserves the right to refuse on application or to refuse to as Landmark may in its discretion not operate its services. Nigerian bank account. Transfer of funds abroad must be net of all renew an existing customer's subscription without explanation. foreign bank changes as net proceeds only will be credited to the VIRTUAL OFFICES 1.2 Interpretations Client's account. 6.3 Any general or other conditions to the Agreement purporting to be offered on behalf of the Client shall be deemed invalid and ineffective In this Agreement, unless the context otherwise requires; 4. THE CLIENT'S RIGHTS AND RESPONSIBILITIES unless specifically accepted by Landmark in writing, in which case the variation of these conditions will apply only to the particular (a) The singular shall include the plural; 4.1 The Client shall at all times keep Landmark informed of their current contract concerned. (b) Headings are for convenience only; address, telephone numbers, email addresses and, if appropriate, (c) Any reference to one gender shall include the other fax number, and the Client agrees (unless specific instruction to the 6.4 Without prejudice to any other rights which Landmark may have LIMITED contrary has been given, in writing and acknowledged by Landmark, arising under the Agreement to provide services, or in respect of any 2. FACILITIES AND SERVICES PROVIDED UNDER THIS or in the event of the operation of due process of law), that Landmark termination thereof, Landmark may terminate the agreement AGREEMENT can use its discretion as to whether or not it discloses such details to forthwith: AND CONDITIONS THERETO third parties. a. upon the bankruptcy of the Client or Facilities and Services: 4.2 The Client agrees not to send or deliver or cause to be sent or b. if the client is a company, upon the appointment of a receiver to all or delivered to the premises any noxious, illegal, harmful, deteriorating, any part of company's assets or upon passing of any resolution to 2.1 The facilities provided by Landmark to the Client consist of one or or bulky article or object, and in the event of the same being wind up the company; or more of the following, as specified by the Client on the attached delivered, Landmark shall have the right to deal with such article or application form, subject always to availability: object as it deems fit. c. if the Client makes any arrangement or composition with his creditors, or 2.1.1 The receiving of correspondence addressed to the Client and 4.3 The Client agrees not to carry on any business, which could be arranging its receipt by the Client at cost to the Client. construed as illegal, unlawful, immoral, indecent or in contravention d. if the Client is in breach of all or any of its obligations under the of the laws of Nigeria or ordinary rules of decency. Agreement or any other contract with Landmark. 2.1.2 The taking of messages whether by telephone, by facsimile, by post or by hand and either forwarding these by telephone, email or regular 4.4 The Client may not use Landmark address nor telephone numbers 6.5 If Landmark chooses to treat any of the above as termination of its post at cost to the Client, provided that, if the Client shall not have for advertising purposes without prior notification to Landmark, and obligations under this Agreement then Landmark shall send to the specified in writing to Landmark which of these alternatives is to be Landmark's prior written approval. Client notice of such termination to its last known address. Such used, this shall be at the sole direction of Landmark. notice shall be given by prepaid post and is effective when given. In 4.5 The Client shall not cause nuisance, annoyance, inconvenience or the event of such termination, Landmark shall be entitled to set off any 2.1.3 The provision of meeting rooms for the Client during Business Hours, disturbance in the course of using any of the services, to Landmark or monies received from the Client in advance against any monies subject to availability and approval by Landmark on a per use basis. to any other users of the services. owing or liabilities incurred by Landmark, and shall be entitled to Hours can however only be accumulated within any one calendar retain the balance of any deposit and/ or fee paid in advance by way month. 4.6 The Client assumes full responsibility for his property whilst it is on of set off against any expresses incurred in Landmark's Premises, and the Client is responsible for insuring such terminating the agreement. 2.1.4 Hot desk facility (charged per hour) property. 7. FORCE MAJEURE 2.1.5 Virtual office services 4.7 The Client cannot use the address of Landmark as its trading address for VAT or Tax purposes unless expressly agreed in writing 7.1 Neither party shall be considered in breach of its obligations under 2.1.6 Hospitality services by Landmark. this agreement or be responsible for any delay in carrying out its obligations, if performance is prevented or delayed wholly or in part 2.1.8 Protocol services 4.8 The Client shall not use any sign, logo or trading name of Landmark as a (direct or indirect) consequence of a force Majeure event in any form or manner in connection with any services he may use provided that this shall not apply to an obligation to pay money. 2.1.9 General office administration services from time to time or otherwise, and in no manner will indicate or imply that he is connected with Landmark, save with the prior specific 7.2 If the performance of a party's obligations under this Agreement is in 2.2 Conditions: written authorization of Landmark. the opinion of that party likely to be hindered, delayed or affected by a reason falling within Clause 7.1, then the Party so affected shall 2.2.1. Landmark shall be entitled to refuse to accept any letter, parcel, 4.9 The Client will fully indemnify Landmark against any losses, promptly notify the other party in writing. chattel, packet or any other object other than a letter addressed to the expenses, costs claims, damages or penalties incurred by Client, at the discretion of Landmark unless a previous arrangement Landmark, whether directly or indirectly as a result of any action or 8. SEVERABILITY has been entered with the Client and agreed to in writing by omission of the Client, its agents and employees. Landmark. 8.1 The effectiveness, invalidity or unenforceability of any provision or part 5. LANDMARK RIGHTS AND RESPONSIBILITIES thereof of the Agreement shall not affect any other provision or the 2.2.2 In the event of a letter, parcel, chattel, packet or any other object being remainder thereof all of which shall remain in full force and effect. delivered to the Premises, other than letters addressed to the Client, 5.1 Landmark will take reasonable steps to maintain confidentiality with Landmark shall have no responsibility for it either to the sender or the regard to the Clients work but shall have no liability to the Client in 8.2 The signatory for the Client confirms that he is authorised to commit on Client. If the Client fails to remove same within 2 working days of respect of any loss or expense incurred by the Client as a result of behalf of the Client and if proven otherwise this contract is deemed receiving notice thereof (of which a prepaid letter addressed to the Client at his last known address shall be deemed sufficient notice) any breach of confidentiality. personal to him. email@example.com then Landmark have the right to sell same and retain the proceeds 5.2 Any liability of Landmark and its agents, employees or independent 9. ARBITRATION of sales for the absolute use of Landmark. Alternatively, Landmark contractors for any direct Ioss or damage to, or costs or expenses may, in its absolute discretion, return such letter, parcel, chattel, incurred by the Client caused by any breach or series of breaches of Any dispute arising out of or in connection with the terms of this packet or other object to the sender at any time after receipt thereof, any of its obligations under this Agreement shall be limited to an Agreement shall, if not amicably resolved between the parties, be and any cost or expenses so incurred by L a n d m a r k s h a l l b e amount not exceeding cumulatively US$10.00D in respect of such referred to the arbitration of a sole arbitrator to be agreed by the recoverable from the Client on demand. obligation or obligations. parties. If the parties fail to agree on an arbitrator, the arbitrator shall be appointed by the Chief Judge for the time being of the Lagos State 2.2.3 The provision of third party business services, is payable by the client 5.3 Apart from the liability mentioned in paragraph (5.2), Landmark is not High Court. The party found to be in default shall bear the entire cost of in advance. liable or responsible for, and hereby expressly excludes any liability the arbitration proceedings and attorney fees. The arbitration shall be or responsibility for the following: conducted in accordance with the Arbitration and Conciliation Act of 2.2.4 Damages to equipment and furniture will be charged back to the 2004. most client. i. any direct loss, damages, cost or expense ii. vany indirect, consequential or incident loss, damage, cost of 9.2 The Parties expressly agree that the inclusion of this arbitration Clause 2.2.5 Unused time in respect of any of the applicable services cannot be expense (including without limitation, loss of revenue profit or shall not operate as a bar to a Party from seeking an urgent relief from rolled over. contracts,) suffered or incurred by the Client or any of the Client's a court of competent jurisdiction in deserving circumstances. agents, employees or subcontractors, however caused, including 2.2.6 Virtual office services are subject to a minimum sign up term of 12 by reason of; 10. GOVERNING LAW months. iii. any action omission, neglect delay or default by Landmark its agents, This Agreement shall be governed by Nigerian Law. This booklet has been produced to provide you, with information on our Virtual package options. We offer the prestige and advantage of Victoria Island Landmark Virtual Offices Ltd London LANDMARK HOUSE 17 Hanover Square Landmark Virtual Offices Ltd New York Landmark Offices 230 Park Avenue Landmark Virtual Offices Ltd Kenya LAIBONI BUILDING Lenana Road, Kilimani, Nairobi Landmark Virtual Offices Pty South Africa THE PLACE 1, Sandton Drive, Sandton, Johannesburg Landmark Virtual Offices Ghana GNAT HEIGHTS Independence Avenue, Accra Mayfair, London, W1 IHU, UK Suite 10000, 10th Floor +254 (0)714 640 349 +254 (0)736 616 209 +27 (0)11 269 4300 +233 (0) 30 701 0963, 26 300 7395 and Ikoyi business locations with elegant offices, meeting +44 20 7529 1400 Manhattan, New York, NY 10169 USA +1 212 808 6519 rooms and dedicated professional staff in Lagos, Nigeria. A P P L I C A T I O N F O R M PLATINUM VIRTUAL TOOLBOX GOLD VIRTUAL TOOLBOX Please complete, sign where indicated (Cheques made payable to “Landmark Virtual Offices Limited.) Your services can be up-and-running within 24 hours of receiving the Platinum Membership entitles you to the following: Gold membership entitles you to the following: complete application and payments. Your Company's very own Prestigious address at Your Company's very own Prestigious address at any Landmark Centre of your choice in Nigeria any Landmark Centre of your choice in Nigeria Company Fax Number (All faxes forwarded via e- Company Fax Number (All Faxes forwarded via E- Client’s Name mail). mail) Main Contact Name Professional Receptionist Services Professional Receptionist Services Receiving and handling incoming and outgoing Serviced hot-desk use with telephone receiver and Client’s Address mail. calling account (10 Hours free per quarter)* Serviced Hot-desk use with Telephone Receiver Free Wireless Broadband internet Access CAT 6. Other Contact Names and Calling account (15 free hours per quarter).* Personalised Telephone Answering Service: with Free Wireless Broadband internet Access CAT 6. all messages forwarded via e-mail. Country Number Country Number Land Telephone Facsmile Personalised Telephone Answering Service: with Use of Meeting Room, Mini-lounge and Country Number all messages forwarded via e-mail. Boardroom Facilities (5 Free Hours per quarter)* Mobile E-mail: Use of Meeting room and Boardroom Facilities (10 Receiving and Handling of Incoming and Outgoing Nature of Business HQ Location free hours per quarter )* Mail Complimentary Tea and coffee service Complimentary Tea and Coffee Service Registered YES NO Reg No. Get your Landmark business toolbox today! GENERAL INFORMATION 1. Hot-desk, Meeting Room, Mini-lounge and Board Room Use must be booked through Landmark's Reception Staff (giving at least 48 hours notice) and is 1. Prime location and address subject to availability. 2. Minimum Contract Period is 12 months. 2. Dedicated company telephone number 3. Cancellation notice period is one month. 3. Hot desk facilities with access to meeting or boardrooms 4. Subscription fee is exclusive of variable costs for telephone use, printing and supplementary meeting room/board room rentals; these will be charged separately. 4. Back office support with administration services 5. All our Hot-desk, Meeting Room and Board Room Facilities are available on a “Pay-As-You-Go” rental basis to cater for less frequent office use. 6. Speak to us if you have any unique office requirements. We are able to custom-design a package that suits your specific needs. 7. Also speak to us about special catering requirements you may have. We will be happy to quote you. “ You never TERMS: NAIRA = N IDENTIFICATION get a second USD $ NAME chance to DRAFT SIGNATURE CASH REMARKS make a first CHEQUE Landmark Virtual Offices Ltd Landmark Virtual Offices Ltd Impression” MULLINER TOWERS 39 Alfred Rewane Road, AFRICA RE BUILDING Plot 1679 Karimu Kotun, TERM Ikoyi, Lagos Victoria Island, Lagos +234 (1)463 8331 +234 (1)461 6399; 462 7411-3 START DATE ....You can’t do tomorrow’s work in yesterday’s office....
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