T&C SPACE OWNERS
02 – 07 – 2015
UNLIMITED MEANWHILE LIMITED
Terms of Business between Unlimited Meanwhile Limited and you for the provision of tenant finding services
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 acquire 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 Suite 36, 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 firstname.lastname@example.org.
3. Our Services
3.1 In accordance with these Terms, you agree to instruct us in relation to the marketing (via our site and App) for the lease or licence of your commercial property or commercial trading space (Property).
3.2 By agreeing to the Terms you warrant that you have authority to enter into the Contract created by the Terms, and also the authority to enter into a tenancy agreement to lease or a license of the Property to a tenant (Tenant) and warrant that all the information you submit to us in your Property listing is true and accurate.
4. Cost of Services
4.1 The fee for the Services (Commission Payment) will be as follows: (a) the fee will be a single commission payment equal to 10% of the full contract fee (+ VAT) payable for the Property for the term of the tenancy.
4.2 The Commission Payment will deducted from the initial payment of fee by the Tenant to us and the balance (Balance Payment) will be transferred to you within 24 hours of you entering into a tenancy agreement (referred to in paragraph 8) with the Tenant for the Property. Cu-cu payments are processed by Stripe accounts. In order to proceed with a payment in Cu-Cu App or website users will 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. Stripe charges 2.4% + 20p per successful charge
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 Tenant for your Property via our site or App to lease or licence your Property either on their own or jointly with another person, whether via an associated person or company, the Introduction Fee; (defined below) becomes 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
6.1 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 Our process allows you to check and amend any errors before submitting your details for listing your property on our site (Listing)
7.2 After you have submitted your Listing, we will confirm our acceptance to you by sending you an e-mail confirming that the Listing is online (Services Confirmation)
7.3 The Contract between us will only be formed when we send you the Services Confirmation and it will terminate once a tenancy agreement (referred to in paragraph 8) is entered into by you with the Tenant and the Balance Payment (defined in paragraph 4.2) is transferred to you.
7.4 If you require copies of the references we have obtained from tenants (for the purposes of proof of address only) we shall provide you with copies on request, but will not be liable for the contents of any references which we have obtained.
7.5 You will provide Cu-cu proof of ownership when required during the listing. Cu-cu might ask for proof of business rates in order to approve your listing
8. Tenancy Agreements
8.1 If we introduce a tenant to you in accordance with paragraph 3, you shall enter into our standard form lease or licence (Meanwhile Use Lease or License) with the Tenant.
8.2 By agreeing to the Terms you warrant and undertake:
(a) that the Property you are Listing it is in line with all permitted uses, that the Property details you have registered with us are true and accurate
(b) that you fully understand that our listings aren’t about rent. Space fee are a participation fee to use the space by the tenant (space fee) to make sure it covers your expenses including business rates + utilities + extra fee. See FAQ for more detail
(c) that you will promptly reply to our requests for information and to any communication we send to you, be available for viewings of the Property, have the calendar updated and make keys accessible to the Tenants after entering into a tenancy agreement with the Tenant;
(d) to make yourself available for viewings by interested tenants in a timely and punctual manner. Viewing may only be cancelled with 24 hours prior notice given to interested tenants. If the event of any breach of this procedure and you fail to make your self available for viewings on any three occasions without reasonable justification your profile and Listing will be removed from our site.
We will not be responsible for registering the deposit payable by the Tenant under the tenancy agreement (Deposit). Once we are in receipt of the Deposit for the Tenant we will transfer the Deposit to you, or the landlord or space owner (as directed by you), it will remain to you subject to no issues being been raised by the Tenant after 24 hours tenant access the space. You (or the landlord or space provider (as the case may be) will then be responsible for registering the Deposit with your nominated 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.
We will carry out all services with reasonable care and skill, but do not guarantee or provide any warranty about the suitability of the Tenant or any guarantors, timely rental payments. Subject to the terms of this Contract our obligations under this Contract cease 24 hours after the lease and/or license of the Property commences.
In the event a space owner cancels a confirmed agreement before the space user enters the space a cancellation fee will apply.
13.1 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.
13.2 If the you or the landlord or the space owner (as the case may be) decides not to make the Property available to interested tenants, you should promptly contact us to cancel the profile for the Property and we will remove it from our site on receipt of your instructions.
13.3 If you or the landlord or the space owner (as the case may be) decides not to enter into the tenancy agreement with the Tenant for the Property, you shall still be obliged to pay to us the Commission Payment referred to in paragraph 4.1.
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 Tenant, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract or the tenancy agreement 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 for the Property.
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 Should you be unhappy with the service received please contact us by email at email@example.com.