Parties 

• Genesis Offices Pty Limited, ABN 43 097 610 645     (“the Provider”), and

• You, the user of the Virtual Office Services, (“the User”).

2. The Virtual Office Services 

The Virtual Office Services are:

• Dedicated telephone and fax number
• CBD Business address with mail forwarding
• Call management and transfer
• Any Additional Services applied for by the User 

3. Liability 

a) The Provider gives no warranty and makes no representation to the User that the Virtual Office Services are suitable or adequate for the User’s purposes.  

b) The User uses the Virtual Office Services at the User’s sole risk.  

c) To the fullest extent permitted by law, the total liability of the Provider, whether in contract, tort (including negligence) or otherwise and whether in connection with this agreement or any collateral contract, must in no circumstances exceed a sum equal to the User’s average monthly account under this agreement.

d )The Provider’s liability to the User under this agreement will be reduced proportionately to the extent that the User caused or contributed to any loss, damage, injury (including death), cost or expense.

e) To the fullest extent permitted by law, the Provider shall not be liable in any circumstances for any indirect, special or consequential loss or damage, including but not limited to loss of revenue, loss of production, loss of product, loss of contract or loss of profit howsoever arising and whether in an action in contract, tort (including without limitation, negligence), in equity, product liability, under statute, or on any other basis.

4. Indemnity 

The User indemnifies the Provider against any loss, damage, injury (including death), cost and expense (including legal costs and expenses on a full indemnity basis) suffered or incurred by the Provider to the extent that such loss, damage, injury, cost and expense is caused by:

1. a breach of this agreement by the User; 
2. the User’s use or misuse of the Virtual Office Services; and
3. any act or failure to act by the User, including any failure by the User to notify the Provider of any major or continuing defect in the Virtual Office Services.

5. Non-reliance 

The User agrees that, in entering this agreement, either it did not rely on any representations, whether written or oral, of any kind of any person other than those expressly set out in this agreement or, if it did rely on any representations, whether written or oral, not expressly set out in this agreement, that it will have no remedy in respect of such representations and, in either case, the Provider will have no liability otherwise than in accordance with the express terms of this agreement.

6. User Rights and Responsibilities 

a) Access to the premises

The premises are open for access between 9.00 am to 5.00 pm on normal working days.  

b) Meeting Rooms

The minimum booking time is 1 hour.  We will accommodate your request where possible should you need to change or extend a booking.  Adequate time for bookings must be made for the full time including early arrival and the pack down of a meeting.  No shows, or late cancellation will result in the total rate charged.  

c) Emergencies and evacuations

Follow the directions of Genesis staff.

d) General behaviour & your guests

Please respect the community. You are responsible for the behaviour and actions of your guests at all times.   

e) Equipment & property

Please treat equipment and property with respect.  Failure to do so may result in a fee to replace or repair damaged items.  

7. Termination 

a) The Provider may, in its sole and absolute discretion and without prejudice to any other right that it may have pursuant to this agreement or otherwise, terminate this agreement at any time by giving the User not less than 20 days written notice.

b) The Provider may, in its sole and absolute discretion and without prejudice to any other right that it may have pursuant to this agreement or otherwise, terminate this agreement immediately by giving written notice to the User if:

1. the User fails to pay any amount due under this agreement on the due date for payment and remains in default for not less than 28 days after the due date for payment;
2. the User commits a material breach of this agreement (other than failure to pay any amounts due under this agreement) and, if such breach is remediable, fails to remedy that breach within a period of 28 days after being notified to do so; 
3. the User repeatedly breaches this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement; or the User becomes insolvent.

c) On expiry or earlier termination of this agreement, the User must: 

1. immediately cease to hold itself out as having any rights in relation to the Virtual Office Services from the end date or the termination date (as the case may be);
2. cease all activities authorised by this agreement, including use of the Virtual Office Services; and
3. immediately pay to the Provider any amounts due to the Provider under this agreement in full and without demand, set-off or deduction.

d) If the User continues to use the Virtual Office Services after the expiry or earlier termination of this agreement without the prior written consent of the Provider, the User must pay the Provider the liquidated damages for each day (or part thereof) that the Provider continues to use the Virtual Office Services.  

e) The User acknowledges that the liquidated damages are a genuine pre-estimate of the loss that the Provider will incur in the event that the User continues to use the Virtual Office Services after the expiry of the Term or the termination date.

8) Payment Terms

a) Credit card is the standard payment method for all invoices and charges incurred by the User under this agreement.  By agreeing to the terms of this agreement, the User agrees to complete the Credit Card Authorisation Form that is issued following acceptance of this agreement which authorises the Provider to deduct all amounts under this agreement from the nominated credit card at any time during any billing period.

b) The payment of rent under this agreement is payable on a monthly basis and is due by the Rent Due Date. 

c) In respect of each month, the “Rent Due Date” means the 15th day of the month.

d) The User may make account queries including refund requests within 5 days of receiving the relevant invoice (that is the subject of the query).  Any account queries made beyond this period will not be accepted and will be void.  

e) If the User fails to make payment in full by the 6th day after the Rent Due Date, the User’s account under this agreement will be suspended and all mail, telephone and Additional Services will be restricted.  

f) The Provider reserves the right to charge a late payment fee on invoices that are not paid by the Rent Due Date. This late payment fee will be charged to the User if the User fails to make payment before the Rent Due Date and will be charged to the User in the following month in addition to the rent payment due for that month. 

g) Should debt collection be required the User will be charged not only for the outstanding debt plus any late payment fee but they will also be required to pay any associated costs.  Failure to pay these costs will mean the User is in default of this agreement.  

h) Should debt collection be required, the Provider has the right to pass all available information about the User to any third party involved in the debt recovery process. 

i) The Provider reserves the right to seek a freeze on the User’s assets in order to recover any outstanding amounts owed, including costs incurred to recover said amounts. 

j) The User must ensure their contact details are updated with their customers following the termination of this agreement with the Provider.  The Provider reserves the right to continue billing the User for any costs incurred beyond the termination of the agreement due to the User’s failure to notify User customers of the change and update such details with User customers.

k) All payments by credit card, debit card and eftpos will attract a surcharge of 1.5% (GST inclusive) of the total amount paid.

l) If overpayment is made, the Provider may either elect to refund the amount of the overpayment to the User or elect to offset the amount of any such overpayment against subsequent payments to be made to the Provider.

9. Confidentiality

The Provider and User will use their best endeavours to keep the other party’s information confidential. 

10. Governing law and jurisdiction

1. This agreement is governed by the laws of New South Wales.
2. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from any of those courts in respect of any proceedings in connection with this agreement.
3. Each party waives any right it has to object to an action being brought in the courts of New South Wales including, without limitation, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.

11. Dispute Resolution

1. If a dispute arises between the parties in respect of or in connection with this agreement (including the validity, breach or termination of it), then without prejudice to any other right or entitlement they may have pursuant to this agreement or otherwise, the parties will explore whether the dispute can be resolved by agreement between them using informal dispute resolution techniques such as negotiation, mediation, independent expert appraisal or any other alternative dispute resolution technique.
2. The rules governing any such technique adopted may be as agreed between the parties or, if the parties are unable to agree on a technique, such technique as is recommended by the Law Society of New South Wales or as selected by the Australian Disputes Centre.

12. General 

1. This Agreement is personal and is not assignable. 
2. All notices under this agreement must be in writing or email. Notices to either party will be considered served if mailed by registered post or by email to the addresses or emails specified by either party.
3. The invalidity or unenforceability of any provision of this Agreement shall not compromise or impair the validity of any other provision. No waiver of any default of the User shall be implied from any failure by the Provider to take action with respect to such default.