DEFINITIONS
The definitions and rules of interpretation set out in this clause apply to these terms and conditions:
Accommodation: a co-working workstation and the immediate surrounding area as set out in the Booking together with such office furniture provided by the Authority.
Act of Insolvency:
the taking of any step in connection with any voluntary arrangement or any other compromise or arrangement for the benefit of any creditors of the Member; or
the presentation of a petition for a bankruptcy order or the making of a bankruptcy order against the Member.
Authority: the Peak District National Park Authority
Booking: a booking of Accommodation made through the Amelia/Wordpress plug in platform via the https://www.peakdistrictbusinesshub.co.uk/ or any replacement platform notified to the Member by the Authority from time to time.
Building: Aldern House, Baslow Road, Bakewell, Derbyshire DE45 1AE.
Common Parts: (1) the kitchen in the Reception Area of the Building (2) toilets in the Reception Area of the Building (3) the breakout space in the Reception Area (4) the Meeting Room (5) the Car Park and (6) access to these areas along such routes as shall be designated by the Authority from time to time.
Damage: damage caused by the Member or anyone at the Building with the express or implied authority of the Member.
Insured Risks: fire, lightning, explosion, impact, earthquake, storm, tempest, flood, bursting or overflowing of water tanks or pipes, damage to underground water, oil or gas pipes or electricity wires or cables, subsidence, ground slip, heave, riot, civil commotion, strikes, labour or political disturbances, malicious damage, aircraft and aerial devices and articles dropped accidentally from them, and such other risk against which the Authority may reasonably insure from time to time, and Insured Risk means any one of the Insured Risks.
Car Park: the car park adjoining the Building.
Meeting Room: the room designated by the Authority for use as a meeting room by the Member(s).
Member: the member or user using the Accommodation pursuant to a Booking
Permitted Use: offices in connection with the Member’s business only as an office in connection with the Member’s day to day business within Use Class E(C) or (G) of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 or its replacement from time to time.
Permitted Hours: 09.00am to 18:00 Mondays to Fridays other than days which are bank holidays or public holidays in England.
Reception Area: the reception area in the Building.
Rights: The rights granted by the Authority to the Member in Clause 3.1.
Service Media: all media for the supply or removal of heat, electricity, gas, water, sewage, energy and all other services and utilities and all structures, machinery and equipment ancillary to those media.
Services: (1) heating, lighting, decorating and maintain the Common Parts and the Accommodation (2) supplying hot and cold water, soap, paper towels for any lavatories, kitchens and utility areas in the Common Parts, (3) supplying reasonable amounts of tea and coffee to the kitchen (3) manning of the Reception area between 9.00am and 5.00pm Mondays to Fridays other than days which are bank holidays or public holidays in England.
Terms and Conditions: these terms and conditions
GENERAL AGREEMENT
The Member is permitted to use the Accommodation and the Rights for the duration of the Booking subject to compliance with these Terms and Conditions.
At all times the Building remains in the possession and control of the Authority. The Member accepts that a Booking creates no tenancy interest, leasehold estate or other real Accommodation interest in the Member’s favour.
The Authority reserves the Reservations.
The Member agrees to comply with the Building Rules.
The Member warrants that it has all necessary right, power and authority to make a Booking
The Booking includes the Services.
RIGHTS GRANTED
The Authority grants the Member the following rights:
the right during the Permitted Hours to access the Accommodation, Meeting Room, Common Parts and the Reception Area along such routes determined by the Authority; and access for the purposes of vehicular and pedestrian access to and egress from the Car Park, subject to the member complying at all times with the Authority’s requirements and instructions in relation to access;
the right to use (1) the kitchen in the Reception Area of the Building (2) toilets in the Reception Area of the Building (3) the breakout space in the Reception Area and (4) the Car Park (being part of the Common Parts in the Building) Provided That the right to access the Reception Area shall be limited to those hours that the Reception is manned (9am to 5pm Monday to Friday excluding bank holidays and until 3pm on Christmas Eve and New Years’ Eve);
the right to park private cars or motorbikes belonging to the Member, or its employees within the Car Park are subject to availability and reasonable use;
the right to use the bike area adjoining the Building for keeping bicycles belonging to the Member (at its own risk);
the right to use the bins in the kitchen (being part of the Common Parts) at the Building;
The Rights are granted in common with the Authority and any other person authorised by the Authority.
The Member shall exercise the Rights only in connection with its use of the Accommodation for the Permitted Use and in accordance with any regulations made by the Authority.
Rights reserved to the authority
The following rights are excepted and reserved to the Authority for the benefit of the Building:
the right to use, connect into, install and construct Service Media at the Building;
the right to erect scaffolding at the Building;
the right to attach any structure, fixture or fitting to the boundary of the Building in connection with any of the Reservations;
The Authority reserves the right to enter the Accommodation upon reasonable notice (except in the case of emergency, when no notice shall be required):
to inspect the condition of the Accommodation;
to repair, maintain, install, construct, re-route or replace any Service Media or structure relating to any of the Reservations;
for any other purpose mentioned in or connected with:
the Booking;
the Reservations; and
the Authority’s interest in the Accommodation or the Building.
The Authority may give the Member a notice of any breach of any of Terms and Conditions. If the Member has not remedied the breach within two weeks following that notice or if the Member is not remedying the breach with all due speed, then the Authority may enter the Accommodation and remedy the breach. The reasonable costs properly incurred by the Authority in carrying out any works pursuant to this clause (and any professional fees and any VAT in respect of those costs) shall be a debt due from the Member to the Authority and payable on demand.
The Authority shall not be liable for any interruption in, or disruption to, the provision of any of the Services for any reason that is outside the reasonable control of the Authority.
Insurance
The Member shall:
comply at all times with any requirements or recommendations of the Authority’s insurer that relate to the Accommodation or the use by the Member of the Common Parts;
give the Authority notice immediately that any matter occurs in relation to the Member or the Accommodation that any insurer or underwriter may treat as material in deciding whether or on what terms, to insure or continue insuring the Building; and
give the Authority notice immediately that any damage or loss occurs that relates to the Accommodation or Common Parts.
In relation to any insurance arranged by the Authority under this clause, the Member shall not do or omit to do anything and shall not permit or suffer anything to be done that may:
vitiate the insurance contract; or
cause any money claimed under the insurance to be withheld; or
cause any premium paid for the insurance to be increased or cause any additional premium to be payable.
The Authority may give the Member notice terminating the Booking with immediate effect if the Accommodation is damaged or destroyed or the Common Parts are damaged or destroyed so as to make the Accommodation inaccessible or unusable.
It is the Member’s responsibility to arrange insurance for any property which it brings into the Building and for the Member’s liability to its employees and third parties.
BUILDING RULES
The Member shall keep the Accommodation clean and tidy and shall not cause any Damage to the Accommodation, Common Parts or Building.
The Member shall not decorate the Accommodation or attach any sign, board, poster or advertisement to the Accommodation.
The Member shall not make any alterations (including, but not limited to, internal non-structural or minor alterations) to the Accommodation. The Member must not install any cabling, IT or telecom connections.
The Member shall not install nor alter the route of any Service Media at the Accommodation, nor do anything that may affect the Service Media.
The Member shall not assign, underlet, charge, part with or share possession or share occupation of the Accommodation.
At the end of the term, the Member shall remove from the Accommodation all property belonging to or used by it. The Member irrevocably appoints the Authority to be the Member’s agent to store or dispose of any property which has been left by the Member on the Accommodation for more than ten working days after the end of the Booking. The Authority shall not be liable to the Member by reason of that storage or disposal. The Member shall indemnify the Authority in respect of any claim made by a third party in relation to that storage or disposal.
The Member shall not use the Accommodation for any purpose other than the Permitted Use. The Accommodation can only be used by one individual and not multiple individuals.
The Member shall not use the Accommodation outside the Permitted Hours except with the prior approval of the Authority.
The Member shall not use the Accommodation for any illegal purpose nor for any purpose or in a manner that would cause loss, damage, injury, nuisance or inconvenience to the Authority, the other Members or occupiers of the Lettable Units or any owner or occupier of neighbouring Accommodation.
The Member shall not overload any structural part of the Building nor any Service Media at or serving the Accommodation.
The Member shall not change its company registered address to the address of the Building. The Member may not use the name of the Authority in any manner in connection with the use of the Accommodation.
The Member shall comply with all laws relating to the occupation and use of the Accommodation, the use of the Common Parts, Building and the Service Media.
The Member shall not apply for any planning permission for the Accommodation.
As soon as the Member becomes aware of any defect in the Accommodation, it shall give the Authority notice of it. The Member shall indemnify the Authority against any liability under the Defective Premises Act 1972 in relation to the Accommodation by reason of any failure of the Member to comply with any of it.
The Member may, by prior arrangement, subject to availability and in accordance with the Authority’s room booking rates and conditions (supplied to the Member), use the Meeting Room at any one time during the Permitted Hours. By prior arrangement, Member meetings may involve a third party and only during the Permitted Hours and where accompanied by the Member at all times. The Member will be responsible for the visitor at all times.
The Authority shall control the Member’s access to the Building at all times. One swipe fob will be issued for each of the Member’s staff. All visitors for the Member will only be permitted in the Building during times when the Member is present and the visitors will be issued with a visitor pass at the Reception Area. The Member will be responsible for the visitor at all times. The Member must limit any excessive visits by visitors.
The Member will not bring any furniture, equipment, or property into the Building or the Accommodation without the consent of Authority.
The Member’s visitors will sign-in the visitor book situated in the Reception (as per other visitors).
In the event that the Member is invited to respond to any procurement request for the provision of goods, services or works to the Authority by (1) any member of the Authority’s staff or (2) any contractor or subcontractor responding to a procurement request issued by the Authority, the Member shall ensure that any response (whether by e-mail or in writing) includes a declaration of interest of the Member stating that the Member occupies the Accommodation.
The Member may only make contact with the Authority’s staff engaged or connected with the Authority’s legal, cultural heritage or planning department by way of formal appointments and meetings. All other contact with any member of the Authority’s staff or Authority members shall be wholly via the Authority’s manager.
The Authority will remain responsible for all health & safety issues relating to the Building and the Car Park and their use. The Member, its staff, visitors and agents, will comply with the Authority’s Health & Safety requirements and immediately notify the Authority of any breach.
The Member’s staff and visitors (limited to a reasonable number) will be allowed to park in the car park at the Building at their own risk. The Authority will not accept responsibility for any claim for damage or loss. The Member shall immediately on request give to the Authority details of the vehicles (including registration numbers) which will be parked in the Car Park and the names of the owners and drivers of such vehicles and to notify the Authority prior to any change in such.
The Member, its staff, visitors and agents shall not impede in any way the Authority or its officers servants or agents in the exercise of the Authority’s rights of possession and control of the Building and every part of the Building and Car Park.
The Member shall ensure so far as is possible that all of its staff, visitors or agents visiting or using the Accommodation, Common Parts, Building or the Car Park behave appropriately and the Member will not allow access to the Accommodation, Common Parts, Building or the Car Park by any person to whom reasonable objection is taken by or on behalf of the Authority. At the request of Authority’s Member manager the Member shall remove any person who in the opinion of Authority’s Member manager is guilty of behaviour prejudicial to the conduct or the interests of the Authority. The Authority shall not in any circumstances be liable in relation to such action or removal.
The Member acknowledges that they may have access to certain information and materials concerning the Authority or the Authority’s technology and products that is confidential and of substantial value to the Authority, which value would be impaired if such information were disclosed to third parties. The Member may also from time to time be provided with information that shall be treated as confidential. All such information is confidential (“Confidential Information”). The Member undertakes to treat Confidential Information as confidential and secret, and that it will not use in any way for its own account, except as provided in this Licence, nor disclose to any third party, any such Confidential Information. The Member acknowledges that unauthorised use or disclosure of Confidential Information could cause the Authority irreparable harm that could not be compensated by monetary damages. Accordingly, the Member agrees that the Authority will be entitled to seek injunctive and preliminary relief to remedy any actual or threatened unauthorised use or disclosure of its Confidential Information. The Member’s obligation of confidentiality shall not apply to information that is or becomes public knowledge other than as a result of the Member’s conduct.
The Member shall comply with the Data Protection Act 2018 and the Authority’s data protection protocols and policies, so far as they relate to the Member’s use or occupation of the Accommodation and Building.
When the Booking ends the Member must vacate the Accommodation immediately, leaving it in the same state and condition as when the Booking commenced. If the Member continues to use the Accommodation after the end of the Booking, the Member is responsible for any loss, claim or liability that may be incurred by the Authority as a result.
These Terms and Conditions may be amended from time to time by the Authority.
Authority obligations
The Authority shall use reasonable endeavours to supply the Services. However, Authority shall not be obliged to provide the Services temporarily where it is prevented from doing so by circumstances beyond its reasonable control. The Services in question cannot reasonably be provided as a result of works of alteration inspection or repair or any other works being carried out at the Building or the Car Park; the Member has failed to give the Authority written notice of the failure of the Services in question; or as a result of Damage. In such circumstances the Authority shall use reasonable endeavours to restore the relevant Service in question as soon as reasonably practicable.
The Authority cannot make any representation and cannot guarantee any maintained level of connectivity to its network or to the internet, nor the level of security for IT information or data that the Member places in it. The Member must adopt any security measures it considers appropriate for its business. The Member’s sole and exclusive remedy in relation to such issues which are within the reasonable control of the Authority shall be for the Authority to rectify the issues within a reasonable period following notice.
The Authority shall keep the Building equipped with all fire prevention, detection and fighting machinery and equipment and fire alarms which are required under all relevant laws.
Occasionally, to ensure the efficient management of the Building, the Authority may need to allocate different Accommodation to the Member, but it will be of a reasonably equivalent size and the Member will be notified of such different Accommodation in advance.
Indemnity
The Member shall keep the Authority indemnified against all expenses, costs, claims, damage and loss (including any diminution in the value of the Authority’s interest in the Building and loss of amenity of the Building) arising from any breach of any Member of the Terms and Conditions, or any act or omission of the Member, or their respective workers, contractors or agents or any other person on the Accommodation or the Common Parts with the actual or implied authority of any of them.
Termination
The Authority may terminate the Booking with immediate effect by giving written notice if any of the following occurs:
any breach of any of the Terms and Conditions; or
an Act of Insolvency;
the Member behaves in a way that the Authority, acting reasonably, considers to be contrary to prevailing community standards, or may be regarded by the public as unacceptable, or which may be detrimental to the general reputation of the Authority or by its continued association with the Member.
Liability
To the maximum extent permitted by applicable law, the Authority shall not be liable to the Member in respect of any loss or damage suffered by the Member in connection with the Booking, including without limitation, any loss or damage resulting from the Authority’s failure to provide the services, unless the Authority has been negligent.
The Authority will not in any circumstances have any liability to the Member for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss.
The Authority’s liability in all cases is limited:
Without limit for personal injury or death;
Up to a maximum of £1,000,000 for any one event or series of connected events for damage to the Member’s property;
In respect of all other damage or loss, up to a maximum of 125% of the Booking costs.
At any time when the Member is more than one person, then in each case those persons shall be jointly and severally liable for their respective obligations arising under the Booking.
Governing law and jurisdiction
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their 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.
Contracts (Rights of Third Parties) Act 1999
A person who is not a party to the Booking shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
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