T&C TENANTS

02.06.15

UNLIMITED MEANWHILE LIMITED

Terms of Business between Unlimited Meanwhile Limited and you for the provision of commercial property finding services

This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy) tells you the legal terms and conditions (Terms) on which we provide commercial property finding services (Services) to you, as tenant.

These Terms will apply to any contract between us for the provision of the Services to you (referred to as the “Contract” between us). Before entering into an agreement for Services with us, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to use any Services from our site.

1. Information about us

We operate the website www.cu-cu.co (our site) and the mobile application software (App) available on our site. We are Unlimited Meanwhile Limited, a company registered in England and Wales under company number 08836183 and with our registered office at 88-90 Hatton Garden Suite, 36 Holborn, London EC1N 8PG, trading as “Unlimited Meanwhile”.

2. Contacting us

You may contact us by e-mailing us at support@cu-cu.co

3. Our Services
By agreeing to the Terms you warrant that you have authority to enter into the Contract created by the Terms and also authority to enter into an agreement to lease or licence any commercial property listed on our site by the owner of such property (Property). You warrant that all the information you submit to us as a prospective tenant is true and accurate.

4. Cost of Services

4.1 The fee for the Services is as follows:

(a) a fee for the use of our matching Services, which is payable when you enter into an agreement to lease or licence any property listed on our site (App Use Fee).

(b) a payment equal to 2% of the full contract fee (as the case may be) payable for the duration of the lease or licence of the Property you wish to take a lease or licence of (Property Match Fee), which is payable when you enter into an agreement to lease or licence any property listed on our site (App Use Fee). Cu-cu payments are processed by Stripe accounts. In order to proceed with a payment in Cu-Cu App or website tenants need to set up a stripe account. Stripe is a secure payment provider. Secure interaction with Stripe servers keeps your data safe. More information at https://stripe.com

4.2 The Property Match Fee will be deduced from the Initial Payment – One Off (referred to in paragraph 8.1(b)(ii)) paid to us by you, and the balance (Balance Payment) will be transferred to the landlord of the Property (Landlord) together with the Deposit (referred to in paragraph 8.1(b)(i)) when you entering into a lease or licence of the Property with the Landlord.

4.3 Prices for our Services may change from time to time, but changes will not affect any request for Services you have already placed.

4.4 If you find a Property via our site or App and enter into a lease or license of the Property either on own or jointly another person (whether via an associated person or company) without our knowledge the “Property Match Fee” shall still become due and payable by you to us.

4.5 The price fees for the Service excludes VAT (where applicable) at the applicable current rate chargeable in the UK. However, if the rate of VAT changes between the date of the Contract and the performance of the Services, we will adjust the VAT you pay, unless you have already paid for the Services in full.

5. The Contract

5.1 The Terms constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms.

6. You and your business
You confirm that you have authority to bind any business on whose behalf you use our site or App for the provision of the Services.

7. How the contract is formed between you and us

7.1 The Contract between us will only be formed when we send you a confirmation following your agreement to agree to these Terms and the payment of the App Use Fee. The Contract will terminate once the lease or license of the Property is entered into by you with the landlord and the Balance Payment (defined in paragraph 4.2) is transferred to the Landlord.

8. Your obligations and confirmations

8.1 By entering into this Contract you warrant and undertake as follows:

(a) If you find a Property via our App, you shall enter into our standard form lease or license (the “Lease or License”) with the Landlord.

(b) You will pay to us in cleared funds prior to entering into the Lease or License:

(i) the sum of the deposit required by the Landlord under the Lease or License (Deposit); and

(ii) the sum of the first monthly payment due under the Lease or License, and if the tenancy is for a period of less than one calendar month, the whole sum payable under the Lease or License (Initial Payment). Any further payments in the lease or license will be made by you direct to the Landlord and you shall have responsibility for making all payments agreed to be made under the Lease or License.
This Contract shall automatically terminate if the payments referred to in paragraphs 8.1(b) (i) and (ii) are not made on
entering into the Lease or License.

(c) You will promptly reply to our requests for information (including proof of your contact address and identification) and to any communication we send to you and be available for viewings of the Property.

(d) You confirm that you will have knowledge of the type of property you are searching for and the use to which it will be put prior to arranging viewings with the Landlord.

(e) You confirm that you are able to commit to the payment obligations set out in the Contract prior to arranging viewings.

(f) You will make yourself available for viewings arranged with landlords of the Properties in a timely and punctual manner. Viewing may only be cancelled with 24 hours prior notice given to landlords.

(g) You will liaise with the Landlord in a timely manner in connection with negotiations for the lease or license of the Property.

(h) You will notify us by email promptly after entering into the Lease or License of the Property following which we will release the Balance Payment (referred to in paragraph 4.3 to the Landlord).

(i) After entering into the Lease or License with the Landlord, you will make yourself available for collection of the keys to the Property and any other security details from the landlord in accordance with pre-arrangements made with the Landlord.

(j) It is your responsibility to put in place such insurance cover that a prudent tenant would be expected to put in place and as required under the Lease or the Licence, which as a minimum shall include public liability insurance and employers’ liability insurance.

9. Deposit
We will not be responsible for registering the Deposit with a deposit protection scheme. Once we are in receipt of the Deposit we will transfer the Deposit to the Landlord in accordance with paragraph 4.3, or the Landlord. The Landlord will be responsible for registering the Deposit with a Deposit Protection Scheme.

10. Our right to vary these Terms

10.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

10.2 Every time you request the Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.

11. Disclaimer
We will carry out all services with reasonable care and skill, but do not guarantee or provide any warranty about the suitability of the Landlord. Subject to the terms of this Contract our obligations under this Contract cease 24 hours after the Lease or License of the Property commences.

12. Indemnity

12.1 You agree to indemnify us against any costs, expenses or liabilities incurred or imposed on us which were incurred on your behalf in providing the Services.

13. Cancellation

13.1 If you decide not to proceed with the lease of license of the Property you must cancel your interest with us and the Landlord promptly by email at support@cu-cu.co.

13.2 Cancellation of an agreement can only happen one month in advance of the agreement starting, if later the space user will forfeit the deposit. If the cancellation takes place after you have entered into the Lease or License then you shall automatically forfeit your Deposit.

14. Our liability

14.1 Subject to the fullest extent permitted by law, we will under no circumstances whatever be liable to you or the Landlord, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract or the Lease or License for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.

14.2 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount we receive in connection with the Services provided under the Contract.

15. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control, being any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, failure of public or private telecommunications networks.

16. Other important terms

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

16.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

16.3 If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

16.5 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16.6 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

16.7 If any provision of this Contract is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then such invalidity or unenforceability shall not affect the other provisions of this Contract which shall remain in full force and effect.

17. Complaints Procedure

17.1 Should you be unhappy with the service received please contact us by email at support@cu-cu.co.