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7 Accomodation Service Details
office space in the Suite 1734 GBP
List office fee 2,750.00 Notice Period 2
Term commencement date 17/12/2012 Number of people 1
Initial term ending date 16/12/2013
Term of the agreement 12 Outgoings 300 GBP
Office per month 1,375.00 17/12/2012- 16/08/2013
Office per month 2,750.00 17/08/2013-16/12/2013
Also...This Service Agreement does not automatically end. See section 4 Services continuation clause overleaf. The Agreement can not be terminated by the client during the initial service Agreement term.
Servcorp gives at least one month's written notice to the client demending that it ceases its temporary occupation of the office on the date of expiration of the original term of this service agreement. or
The Client gives at least the required notice (as set out in the item 7 overleaf) to Servcorp IN WRITING to end temporary occupation on the date of expiration and not before the initial Term Ending Date:
This service agreement shall from that date of expiration continue as periodic Searvice agreement (as set out in item 7 overleaf) as a service fee which is appropriate at the time of such renewal as determined by Servcorp in its absolute discretion and notified by it to the client.
Any written notice required or authorized by this Service Agreement:
a. Shall be deemed to have been served on the Client if emailed , delivered to the Office or posted to the latest known address of the Client in the later case shall be deemed to have been served on the second working day after posting
b. Shall be deemed to have been served on Servcorp only if hand delivered or sent by registered post to Servcorp marked attention Manager.
If you were a consumer you could rely on the Unfair Termsin Consumer Contracts regulations http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdfin that the notice required in respect of the landlord giving itto the tenant can be by email but not the other way round. That is unfair by anybody's imagination.
However you are abusiness and therefore you do not have that protection.
It clearly says that notice must be hand-delivered or sent byregistered post however that is with regard to deemed service. If they actuallyaccepted that they had had notice because someone had read it, it doesn'tmatter whether it is served in the correct format or not provided they have it.However they do not accept it seems that they had it so in that respect, youdid not give them sufficient notice.
The fact that the print is small is immaterial provided it islarge enough and clear enough to be read by a normally sighted person with thenaked eye.
If that is not the case, they cannot rely on the small print.
I think you are bound to therefore for two months from when theygot the written notice not the email.
With regard to whether it carries on for a further 12 months,there is nothing in the terms you have sent which says that. The initial termends on 16 December 2013.
Continuation is covered in section 4. It says you cannotterminate during the initial term and the initial term ends on 16 December.
It then goes on to say 4B that from the date of expiration (16thof December) it continues as a periodic service agreement with no mention ofany term because the initial term is quite clearly defined as ending inDecember 2013 and from what you have sent me, there is no mention of anysubsequent terms ending on 16 December in each subsequent year.
On these facts therefore I think you could give notice now orbefore 16 November to finish on 16 January which is the anniversary of themonth start.
Is there something which you haven't sent me which says that ifyou don't give notice, it continues for another 12 months until December 2014?
4B states (last line):
This service agreement shall from that date of expiration continue as periodic Searvice agreement for a period equal to the term of the original term of the Service Agreement (as set out in item 7 overleaf), at a service fee which is appropriate at the time of such renewal as determined by Servcorp in its absolute discretion and notified by it to the client.
Here is what the agent stated in her email:
". Failure to provide the required notice has resulted in the lease being held over for a further 12 month period. The end date of the Rental Agreement is now 16 December 2014 (please refer to Holding Over clause 4(b) of the lease for further clarification)."
I am not sure if anything could be done but Section 13 talks about termination. May be you could see something we can do to end this agreement.
BTW the small print is less than 8 it is probably 6. You have to have 20/20 to be able to read it .
Section 13 termination
a.Servcorp may terminate this Service agreement by giving one month's
written notice to the Client at any time.
b.Servcorp shall have the right to withhold Services (including incoming and outgoing telefone calls and Client access to the Office and or re-enter the office without prior notice and shall have a general lien on all property of the Client physically situated on any premises of Servcorp or alternatively at Servcorp discretion continue this Service Agreement as periodic Service Agreement from month to month:
i. where the client has failed to pay for Accommodation or Services on the respective due dates;
ii.Where the client has brService Agreement and fails to remedy that breach within seven days of being requested by Servcorp to do so.
c.The client has breached any term of this Service Agreement and fails to remedy that breach within seven days of being requested by Servcorp to do so.
d.The client may remove its possessions and shall remove their signs provided that any damage or defacement occasional in the course of such removal shall be remedied by the client immediately and at their own expense.
If it fails to do so Servcorp may do so at client's expense.
e.Upon the termination or determination of this Service Agreement for any cause the client shall promptly and peacefully cease to occupy of the office and leave them in the condition and state of repair required by clause 7 of this Service Agreement, and at the same time hand over all keys and access cards.
f.At time of termination, fee (maximum fee will be two months list Accommodation Service) will be charged for administrative and office costs related to termination of the Service Agreement. This includes but is not limited to the administrative fees, termination of phone and internet connections and make good of the premises (e.g.painting, steam cleaning of carpet, furniture repair, and maintenance to common areas and floor equipment.)
Restoration will be carried out by Servcorp's nominated contractors and personnel . Servcorp may continue to charge accommodation services to the client for the time taken to restore/clean and will be charged at the rate applicable immediately prior to vacation.
g.If the client fails to demand the refund of the security deposit within 360 days after the date of termination of this Service Agreement, the security deposit shall be deemed forfeited to Servcorp absolutely.
h.At the time of termination the client, at servcorp's discretion, will be required to pay a call administration/handling fee equipment to the Platinum Virtual membership for period of 3 months from the date of termination. This membership endeavours to ensure a smooth transition for the client's business out of Servcorp.
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