June 20, 2018
Terms: ‘Subscriber’ refers to the user of the service. ‘Clarence’ refers to the Provider of the service.
1. Periodic Payment Periods
The Subscriber agrees to pay the Virtual Membership fee for the period indicated in the sign up form. The fee is payable either monthly or yearly. The fee is charged at the beginning of the term. Termination within the term will not result in a refund of funds for the unused time.
The fixed fee unless stated would exclude GST and the Subscriber would be required to pay any applicable business or government taxes, including GST.
3. Payment Terms
Payment terms are strictly 7 days after invoice dispatch. Late payments will incur account management fees of and/or 5% interest charge. Services will be suspended if arrears reach 30 days. Reinstatement will occur after full payment has been provided.
Payment is automated by credit card. Service will not be supplied if there is not a valid credit card account supplied or if the credit card is declined. Applicable credit card charges will be oncharged.
4. Service Charges
The Subscriber acknowledges that in addition to a membership subscription charge there may be service fees payable if the Subscriber uses any service provided by Clarence. Clarence provides professional services and will charge for these services as per the ‘Service Guide’, a copy of which is provided upon sign up, via this link or may be requested anytime from Clarence reception.
Service charges may include but are not limited to call usage, postage, personal assistant time charge, meeting room or hot desk usage.
5. Rate Change
The Subscriber understands and agrees that Clarence reserves the right to change any or all rates from time to time without prior notice.
The Subscriber must not use the services or premises for an illegal purpose, or cause a nuisance through the Subscriber’s use of the premises or interfere with the reasonable peace, comfort or privacy of any other Subscriber, occupant or staff member of Clarence. Breach of this provision will result in immediate termination of service by Clarence. No refund will be provided.
The Subscriber and Clarence agree that the information provided with the exception of the public contact details such as fax number, telephone number and address, remains private and confidential.
After any initial trial periods, this agreement is either:
i) a month to month Agreement which may be terminated by the Subscriber or Clarence by giving one month’s written notice to terminate the agreement;
ii) an annual agreement which after the initial term of one year may be terminated by the Subscriber or Clarence with one month’s written notice but no refunds or credits will be provided for unused time.
Some services may be offered with an initial free trial period or a $1 trial period. Unless the Subscriber provides written notice to terminate within this trial period the Subscriber agrees to pay membership in full at the end of the trial period.
Free trials are not applicable to recurring clients.
If the Subscriber is in breach of this agreement, Clarence may serve written notice on the Subscriber to remedy the breach. If the Subscriber does not remedy the breach within three (3) business days of being sent to the Subscriber the notice, Clarence may terminate this agreement.
The Subscriber agrees to indemnify Clarence against all losses, damages and expenses which it may sustain by reason of any neglect, misconduct, or non-performance by Clarence or any of its employees, subcontractors or clients. Clarence will not in any circumstances have any liability for loss of the Subscribers business, loss of profits, loss of anticipated savings, loss or damage to data, third party claims or any consequential loss. The Subscriber should consider whether to insure against all such potential loss, damage, expense or liability.
12. Content Disclaimer
Clarence does not monitor or take responsibility whatsoever for quality, accuracy and the content of the information or messages that are received on behalf of the Subscriber.
Should any dispute arise as to the meaning or application of any condition of this agreement Clarence’s decision shall be final and binding upon all parties.
14. Discarded Property
If the Subscriber leaves any property in Clarence’s premises, Clarence may dispose of that property at the Subscriber’s cost in any way Clarence chooses. Proceeds of any sale will not be credited to the Subscriber but any costs incurred by Clarence may be recovered from the Subscriber. Alternatively, permanent lockers for private, secure storage can be provided for a small nominal fee.
15. Clarence Employee’s
If a Subscriber employs a Clarence employee or ex-employee within 6 months of their termination or departure from Clarence, to their own staff or with any subsidiary, affiliated or related entity during tenancy, a non-negotiable charge of 25% of that employee or former employee’s total yearly salary with his/her new employer (including superannuation and the financial value of any benefits provided to that individual) will apply. The Subscriber agrees to pay this fee to Clarence.
If the Subscriber is a company, the director or person who executes the “sign up” form on behalf of the Subscriber jointly and severally and for valuable consideration given by the Subscriber guarantees to Clarence:
(i) payment of each and all sums of money, interest and damages (whether present, future, contingent, liquidated or unliquidated) for which the Subscriber may now or later be liable to Clarence pursuant to this Agreement; and
(ii) due, prompt observance and performance of all the Subscriber’s obligations under or in relation to the Agreement or arising from or connected with the Agreement, its subject matter or any relationship referable to either of them or both alone or jointly with any person, firm or corporation (collectively the Guaranteed Obligations).
This guarantee will be a continuing guarantee for the purpose of securing the whole of the Guaranteed Obligations notwithstanding any partial payment or performance.