Terms & Conditions
MSO Booking Terms & Conditions
“Agreement” or “The Terms” – Means this set of Terms &Conditions
“Booking” – a request to utilise The Services on a temporary basis submitted via The Site
“The site” – The website at http://www.maitlandservicedoffices.com.au
“The Services” – Meeting, Conference, Training rooms or Hot-Desking facilities including Catering, Audio Visual and any other services booked or utilised whether on a paid for, or gratis basis
“Us” or “We” – Maitland Serviced Offices Pty Ltd who own and operate The site
“You”, “Your” “Hiree” or “Client” – refers to the person, company or organisation which is applying to use The Services via an accepted Booking via The Site whether acting as an individual or as a representative of an organization or incorporated or unincorporated body
The following terms and conditions “The Terms” relate to the use of The Services provided by Us to You
- The Services are offered to You conditioned on Your acceptance without modification, of the terms and conditions, contained in this Agreement.
- By placing a Booking through The Site you agree to be bound by The Terms. Your initial and ongoing use of The Site & The Services is deemed as ongoing acceptance of The Terms as amended from time to time. The terms and Service fees and charges contained herein may vary from time to time but any such variation shall not negate this agreement and your continued use of The Site and The Services will be deemed to be acceptance of the terms as varied.
- Your use of the Services constitutes Your agreement to the terms and conditions stated in this Agreement. Each person that uses the Services, or that enters into a contract, in writing or online, on behalf of its employer or other third party, represents that such person is authorized to accept these terms on its employer’s or the third party’s behalf.
- The Services are available for use generally by the day, half day or hour from Us, or our Partners.
- Use of The Services will be subject to:(i) availability of The Services; (ii) payment of all fees and charges incurred in reserving and/or using The Services; and (iii) compliance with these Terms
- We reserve the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to You, and We are not obligated to support or update the Service.
- Indemnity, no Warranties or Liability
- We do not warrant that The Services being hired to the Hiree is suitable for the use being considered by the Hiree. You and your employees, contractors, consultants, agents and invitees use The Services at your own risk.
- Liability for loss or damage – Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
- If any guarantee, warranty, term or condition is implied or imposed in relation to this Agreement under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a ‘Non-Excludable Provision’), and we are able to limit your remedy or a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to, at our option, the supplying of the services again, or the payment of the cost of having the services supplied again.
- Subject to our obligations under tenon-Excludable Provisions and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to this Agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to 5% of the fees paid by you under this Agreement for the booking in question.
- In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of any Non-Excludable Provision.
- Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include: (i) special, indirect, consequential, incidental or punitive damages; or (ii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence),in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if we were advised of the possibility of the loss or damage
- Release and indemnity. You release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under this Agreement. This clause survives the termination of this Agreement.
- Warranty and Suitability
- We and/or its affiliates make no representations about the suitability of The Service for any purpose. The Site is provided “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. The room images presented may or may not depict the room being hired and should not be used as the basis for submitting a Booking.
- In no event shall We be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise)arising in any way out of use of The Site or The Service, even if advised of the possibility of such damage.
- We will not be liable for any loss sustained as a result of any mechanical breakdown, strike, delay or failure of any staff, manager or caretaker or 3rd party to perform their duties.
- This agreement will be governed by the laws in the state of New South Wales.
- agreed Use
- The Hiree agrees to use the venue only for the purposes which it is intended forand not to use the Services for any obscene, illegal, immoral or defamatory purposes.
- The Hiree will ensure the function is conducted in a proper, orderly and lawful manner and will be respectful of other Hiree’s and Clients using The Services at all times.
- You will not damage, deface or alter the meeting space, furniture, furnishings, walls, ceilings, floors, equipment or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the meeting space or the common area facilities.
- You will not cause damage to any part of the building or the property or disturb the quiet enjoyment of any other hirers or occupants of the building.
- Upon conclusion of your reserved time, the meeting space assigned to you, if any, will be in as good condition as when you first occupied it, with the exception of normal wear and tear and we may apply additional charges in case of any damage to the facilities.
- We retain the right to enter your reserved meeting space to inspect it, to make repairs and alterations as we reasonably deem necessary and the cost of any such repair resulting from an act or omission by you or your employees, guests and invitees will be reimbursed to us by you upon demand.
- You assume all risks of loss with respect to your personal property and the personal property of your agents, employees, contractors and invitees, within or about the facilities. You agree to waive any and all acts of recovery against us, or our directors, licensors, officers, agents, servants and employees, for loss of, or damage to your property or the property of others that is under your control to the extent of such loss or damages covered or required to be covered by any insurance policy.
- Bookings& Payment
- Payment or the room & additional services will be required at the time of booking unless we have agreed in writing otherwise. Some services such as catering or specialised services like Video Conferencing may be paid for after the booking.
- You authorise Us to charge your credit card after your booking for any additional services used which relate to Your Booking.
- We reserves the right, at our sole discretion, to change pricing for The Services.
- You warrant that all information You submit is true, valid and accurate(including without limitation Your credit card number and expiration date) and You agree to pay all Booking fees and additional usage fees You incur, plus all any applicable taxes.
- Payment for services and other applicable charges is due at time of purchase and must be made by the valid credit card designated by You. You must promptly notify Us of changes to: (i) the account number or expiration date of Your designated card; (ii) Your billing address; or (iii) cancellation, theft or loss of Your designated card. Any payment in need of reprocessing will be assessed a $25 late payment fee.
- You agree and reaffirm that We are authorised to charge Your designated card.
- You agree that We may (at our option) accumulate charges incurred and submit them as one or more aggregate charges, and that We may delay obtaining authorization from Your card issuer until submission of the accumulated charge(s)
- We reserve the right to charge collection fees incurred by Us which will be added to the unpaid account balance.
- You agree to pay Us 3.5% interest calculated daily on all amounts owing and not paid when due.
- We reserve the right to suspend or terminate Your account or The Service without notice upon rejection of any card charges or if Your card issuer (or its agent or affiliate) seeks return of payments previously made to Us when We believe You are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Us under the terms of this agreement.
- You agree that We may submit charges or additional services used with your booking, without further authorization from You, unless You provide prior notice that You have terminated this authorization or wish to change Your designated card. Such notice will not affect charges submitted before We could reasonably act on Your notice. (Note: We take no responsibility for contacting You prior to charging Your designated credit card for any additional service fees.) If You have any question regarding any charges that have been applied to Your account, You must contact Maitland Serviced Offices within 30 days of the charge date by emailing email@example.com
- You must ensure you adequately protect your username & password that is provided to access The Service. All bookings which are made using your username & password will be deemed to be authorised by You and you will be liable for any charges associated with those bookings.
The following cancellation fees & terms will apply to all Bookings and Services:
- You must advise Us by written notice of cancellation in writing, and this notification must be sent by email addressed to firstname.lastname@example.org
- Cancellation shall be effective, final and binding on the working day that We receive written notice of the cancellation.
- Cancellation charges apply to the total booking value based on the detail in the Booking confirmation.
- If You have also requested additional services such as Video-Conferencing, Audio-visual equipment or catering additional charges may apply and You authorise Us to process these additional charges separately if required.
- If You cancel a Booking, the following charges will apply for charges listed in the Booking confirmation:
Period of notice required prior to the booking date /Cancellation Fee as a percentage of total booking value:
2+ Days notice prior to the booking date = 100% refund
1-2 days notice prior to the booking date = 50% refund
Less than 1 days notice prior to the booking date = % refund
- You hereby acknowledges that such cancellation charges are a fair estimate of loss incurred by Us.
- In addition to the cancellation charges due under this clause, You must reimburse Us for any expenditure incurred in respect of any cancelled Booking including (but not limited to) any costs, charges or penalties as a result of us having to make consequential cancellation of our own arrangements with third parties in relation to the Booking.
- Cancellation by Us
- We may cancel the Booking if the Booking may, in our reasonable opinion, prejudice or have a material adverse effect on our reputation or We become aware of any deterioration in Your financial situation such that We reasonably consider You may not be in a position to fulfil Your obligations under The Terms. In the event of such cancellation, the cancellation charges as outlined in The Terms shall apply.
- Security Policy
- We use the Stripe Payment Gateway for our online credit card transactions.
- Stripe processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.
- All online credit card transactions performed on The Site use the Stripe gateway are secured payments.
- Your complete credit card number cannot be viewed by Us or any outside party.
- All transactions are performed under 128 Bit SSL Certificate
- All transaction data is encrypted for storage within Stripes bank-grade datacentre, further protecting your credit card data.
- Stripe is an authorised third party processor for all the major Australian banks.
- Delivery Policy
- Upon successful processing of your Booking You will receive a booking confirmation automatically which confirms your booking to use The Service in accordance with the Terms outlined herein.
- Refunds & Return Policy
Is as per Paragraph 7 (Cancellations) of these Terms.
- If, through circumstance beyond Out control, the hired space becomes unavailable then Your Booking will be relocated to an alternative room within the facility or a facility providing similar services. If a comparable venue is not available for the hire period, We will not be liable for any loss or damage suffered by the Hiree as a result of the unavailability.
- Governing law
- If you use the Service in Australia, this Agreement is governed by the laws of the State of New South Wales.
- If you use the Service outside Australia, the Australian laws will still apply.
- In the event that this Agreement conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain valid and intact;
- The failure of either party to assert any right under this Agreement shall not be considered a waiver of any that party’s right and that right will remain in full force and effect; You agree that without regard to any statue or contrary law that any claim or cause arising out of the use of this Service must be filed within one (1) month after such claim or cause arose or the claim shall be forever barred;
- Any provision found to be unenforceable by a court or tribunal will be severed from this Agreement. Such severance will be as narrow as possible and may not affect the remainder of this Agreement in such action and other actions, unless the court or tribunal also finds, on the request by you that without such provision as originally written, the Agreement is not likely to meet the reasonably commercial expectations of us or you and in such case, the court or tribunal will enter an equitable judgment of rescission, termination or reformation of this Agreement as necessary to reach an equitable result.