These are our terms of business. They apply to the service agreement between us. If two or more of you have signed the agreement your liabilities are joint and several. Your agreement supersedes any previous agreement you may have with us for the same services and constitutes the entire agreement between us save as where indicated otherwise in this agreement.
STANDARD SERVICES AND FACILITIES
We will provide the number of serviced and fully furnished offices or cabins for which you have agreed to pay in your agreement, and access to the lounges for you and a maximum of 3 guests at any one time. This facility is offered 24 hours a day, 7 days a week for all membership levels. We will also provide high speed internet, wireless printing and priority restaurant and terrace booking all day to all membership levels.
We will also provide the following services and facilities during normal business hours of 07.00am to 19.00pm Monday to Friday and 9:00am to 17:00pm Saturday and Sundays, except for public and bank holidays.
These facilities can be provided outside normal business hours upon separate agreement.
Additional services are available. Please refer to your Etiquette Book for a comprehensive list of these services, together with the rates if any, at which they are charged.
You must not use the lounges or any part of the club, for any purpose other than that of your stated business or some other purpose agreed with us in advance.
Your name and address
You may only carry on business in the name specified overleaf or another name if previously agreed with the General Manager. You must not put up any signs, posters or advertisements within the club. Whilst you may use the address of the residence as your business or trading from address, you must not use it as your registered office.
Taking care of our property
You must use the lounges and all other parts of the club and all equipment, fixtures and fittings therein in a reasonable manner. You must not alter any part of it. You are liable for any damage caused by you or anyone in the club with your permission or at your invitation.
Office furniture and equipment
You must not install any furniture or office equipment, cabling, IT or telecom connections without our consent, which we may refuse at our own absolute discretion. You also agree and accept that any telephone numbers provided to you shall at all times remain our property.
Keys and security
Any keys or entry cards which we may let you use remain our property at all times. You must not take any copies of them or allow anyone else to use them without our consent. Any loss must be reported to us immediately and you must pay the cost of replacement keys or cards (£5.00 per key card) and changing locks, if required.
Comply with the law
You must comply with all the relevant laws and regulations in the conduct of your business. You must not do anything illegal. You must not do anything that may interfere with the use of the club either by us or by others, cause any nuisance or annoyance, increase the insurance premiums we have to pay, or cause loss or damage to us, or to the owner of any interest in the club.
Comply with house rules
You must comply with the house rules which we impose generally on users of the club whether the reasons be for health and safety, fire precautions or otherwise. You must not bring animals onto the premises. You may not play music or use amplification equipment in a way which can be heard by other members. You must not use appliances which may overload the electricity supply.
It is your responsibility to arrange insurance for your own or any other property which you bring into the club and for your own liability to your employees and to third parties.
PROVIDING THE SERVICES
Use of the lounges
We will provide furniture in lounges for you to use for meetings and work spaces, however these spaces are taken on a first come first served basis. We cannot guarantee availability but will do everything possible to accommodate you.
Food and Beverage
Food and beverage (including alcoholic beverages) purchased outside of Pavilion cannot be consumed on the premises.
The start of the agreement
If for any reason we are unable to provide access to the club or lounges as stated in your agreement by the due date for commencement we have no liability to you or for any loss or damages so arising, however, you will have the option of cancelling the agreement without penalty. We will not charge you for the use of the membership services until they become available.
Suspension of services
We may by notice suspend the provision of services (including access to the lounges and the club) for any reasons or events beyond our control, in which case payment of the agreement fee will also be suspended for the same period.
The extent of your rights of occupation under this agreement
This agreement gives you the commercial equivalent of an agreement for accommodation in a hotel. The whole of the club remains our property and in our possession and control. You accept that you have no interest in the property save for the right to share the use of it so that we can provide the services to you. The agreement is personal to you and not capable of being transferred to anyone else. We however reserve the right to transfer the benefit of this agreement along with our obligations under it at any time.
Your agreement lasts for the period of one year from the commencement date and will then automatically be renewed for successive periods of one month until brought to an end by either you or us.
Terminating your agreement
Either of us can terminate the agreement at the end of the first year and not before, by giving at least one month’s written notice to the other.
Terminating your agreement immediately
We may terminate your agreement immediately upon notice if:
Please note that termination of the agreement for any of the above reasons does not negate any outstanding obligations you may have and you must comply with those obligations, i.e.
When your agreement ends
You must vacate the club immediately. If you leave any of your own property in the club we may dispose of it in any way we choose without any liability to you.
If you continue to use the club after your agreement has ended, you are responsible for any loss, claim or liability we incur as a result of your failure to vacate on time. We may, at our discretion, permit you an extension subject to surcharge on the agreement fee. This must however be agreed in advance.
While your agreement is in force and for a period of six months after it ends, you must not solicit or offer any employment to our staff. If you do, we estimate our loss at the equivalent of one year’s salary of the employees concerned and you must pay us damages equal to that amount. You agree that this is a genuine pre-estimate of damage.
All formal notices must be in writing and addressed to the General Manager, Pavilion 96 Kensington High Street, London W8 4SG. If we are giving notice to you we will give it to you in person or send it to the last address we have for you.
The terms of your agreement are confidential. Neither of us must disclose them without the other’s consent unless required to do so by law or by an official authority. This obligation continues for a period of one year after your agreement ends.
You must indemnify us in respect of all liability, claims, damages, loss and expenses, which may arise where,
You also agree to pay any costs, including reasonable legal fees, which we incur in enforcing your agreement.
If for any reason we cannot provide you with any service our liability is limited to crediting or returning to you a fair proportion of the relevant fee. To the extent permitted by law, we have no liability whatsoever for any consequential loss as a result of anything we or our staff do or fail to do.
We both agree that English law shall apply to your agreement.
Where we have agreed monthly payments, the membership fee plus VAT, is payable in advance in full on the 15th of each month. For any period of less than one month this fee will be apportioned on a daily basis.
Additional services and facilities
Fees for additional services are invoiced in arrears and payable on the 15th day of every month following the calendar month in which the additional services are provided.
You will be required to pay a deposit equivalent to one month’s agreement fee on entering into this agreement. This will be held by us, as security for performance of all your obligations under your agreement. The deposit, or any balance after deducting outstanding fees and other costs due to us will be returned to you within 60 days of termination of your agreement. We may however require you to pay an increased deposit where:
Initial Payment (deposit and first month’s agreement fee): Cleared funds must be received by Pavilion prior to occupation.
Standard Services: All payments are to be made by direct debit.
Additional Services: All payments are to be made by direct debit.
Variation of fees
We reserve the right to increase the agreement fee and additional service charges upon written notice. The deposit will be increased in line with any increases to the agreement fee.
If you do not pay fees when due, we may charge interest at the rate of 2% per month on the amount outstanding. If you dispute any part of the invoice you must pay the amount not in dispute by the due date.
We may withhold services (including for the avoidance of doubt, denying you access to the lounge and club) where you are liable for any outstanding fees and interest, or you are in breach of your agreement.
We are not liable for any loss as a result of our failure to provide any services or facilities referred to in this agreement which is due to any cause beyond our control. This includes but is not limited to acts of God, strikes, power or mechanical failure or failure by members of staff. In addition you are to inform us immediately of any such failure and must give us a reasonable time to put it right.