Our Terms and Conditions

Please read the Terms & Conditions below. By registering to access our services, including serviced offices, you are deemed to have accepted these Terms & Conditions and any future updates.

Registering for our Service

1. Compliance with Terms
Once you have completed our registration form and paid your initial account, we will activate your services for you.

As long as you continue to pay your invoices on time, and you comply with the Terms & Conditions in this document, or any future updates to this document, then those services will remain active and available for your use.

2. Right to withdraw offer of services
Please note that we can choose not to provide you with a service, even if you have completed registration.

Receptionist Services

3. Provision of service
Cleveland Serviced Offices reserves the right to provide receptionist services by the use of telecommunications and/or video calling services.  The team will ensure that you and your visitors receive a professional, courteous and respectful service.

4. Accuracy and readability of messages
We take every reasonable precaution to ensure the accuracy and readability of the messages taken on your behalf. Beyond this, we will not take any responsibility whatsoever for the quality or content of the messages that are received for you.

5. Outgoing messages
We take great care to ensure that all outgoing messages, including emails and text messages, are in a form that can be delivered to you.

Given the myriad technologies used by our clients, we cannot absolutely guarantee that messages we send will be received by you. Therefore, we cannot be held liable where you do not receive messages that we have sent to you.

If you are not receiving messages from us, it is your responsibility to notify us as soon as possible.

5.a Messages not being received
If you find you are not receiving messages from us:

• Notify us as soon as possible via email to support@clevelandservicedoffices.com.au
• If your messages are delivered to you as an email, please provide an alternative email address that is not in the same domain as the address that is not receiving messages, eg: provide us with a Gmail or Hotmail address.
• Advise us of the last date that you received a message from us.

We will:

• confirm that the messages have been sent to you
• add the additional email address to your record so that all future messages also go to the additional email
• resend the missing messages in a single email to your additional email address, and
• assist you with determining why you are not receiving your messages.

Package Terms

6. Acceptance of terms
In registering for our services, you agree to be bound by this document and subsequent updates.

6.a Service Framework
The provision of services by us to you will be within the framework of options advised to you by Cleveland Serviced Offices.

6.b Additional services
If you require additional or alternative services that are not within our service framework, we may choose to charge additional fees. At all times, these fees will not be less than the reasonable cost, plus a profit margin, incurred by us to accommodate your needs.

6.c Changes to instructions
If at any time, your needs change, let us know via an email to support@clevelandservicedoffices.com.au and we will make the changes to your details as soon as possible. It is always best to give us as much notice as possible, but we do understand that this is not always possible. Some changes may incur additional fees if they exceed the services provided under your nominated plan.

6.d Payment of 3rd party costs incurred on your behalf
In signing up for our any of our services, you agree to pay any forwarding charges that may be incurred by us in delivering your incoming mail or parcels to their final destination, if you have requested us to do so. Any such charges will be itemised on your next bill. Please note that we may apply an additional charge to cover our costs of arranging the forwarding.

6.e Setup fee
We may request that you pay a setup fee before we can commence setting up your account with us. This setup fee will depend upon the complexity of your setup. We may, at our discretion, choose to credit the setup fee to your account after your services commence.

Casual Room and Desk Bookings

7. Agreement to pay
If you have requested a booking of one our boardrooms, meeting rooms, casual office, or casual desk, you agree that you will pay for the total cost of the booking as advised to you when your booking is confirmed.

7.a Confirmation of availability
All bookings are subject to confirmation of availability by our team. This applies particularly to booking requests made after-hours.

7.b No guarantee of specific space
You understand that your use of any of our services does not guarantee you the exclusive use of any specified working space (ie meeting room, boardroom, casual desk or casual office) now or in the future.

7.c Right to offer alternative space
We will do our very best to accommodate you where we can and reserve the right to offer an alternative space to you, should the space you requested not be available.

7.d Cancellation of booking
If you wish to cancel a booking, we will require notice of such cancellation as follows:

• For bookings greater than 4 hours – we require 48 business hours notice
• For bookings of less than 4 hours – we require 4 business hours notice

If we do not receive the required notice, we will charge you 50% of the fee. In any case, if we have hired a projector or ordered catering and we are unable to avoid the charges imposed by outside suppliers, we will pass these charges, at cost, onto you.

Virtual Office Address

8. Authorisation to use our address
If you have chosen one of our Virtual Office Address or Premium Office Address options, we will provide you with written authorisation to use one Cleveland Serviced Offices address for your day-to-day business dealings.

Note: clients using the Registered Office Address (only) service are excluded from using the office address for any purpose other than for Registered Office Address with ASIC – see Clause 9 below.

If you are using one or both of our centres for meetings, on either a regular or irregular basis, and you do not subscribe to our Virtual or Premium Office Address service, then you are not authorised to display our address in any way, other than to advise individual customers of a booked meeting location, after you have booked the meeting with our team.

8.a Advice of business names
We’ll need to know, in writing, the business names that you plan to use with your Virtual Office Address from us. If we are not advised that a business name is using our address, mail may be returned to sender or not forwarded to you, so we ask that you notify us as quickly as possible.

The best way to do this is to send an email to support@clevelandservicedoffices.com.au.

8.b Excluding acceptance of certain deliveries
We will accept delivery of all mail and packages for your business names. We cannot be held liable for additional forwarding charges where we have accepted a delivery on your behalf, in good faith.

If you do not want us to accept delivery of certain items, we will need to know this, in writing. Again, the best way to do this is to send an email to support@clevelandservicedoffices.com.au. You should be explicit about what it is that you do not want us to accept.

8.c Provision of additional services
If you request us to undertake any secretarial or other duties on your behalf, either to assist your visitors or to prepare for a visitor to attend the office, we will charge for this service.

These costs are classed as “Overages and outgoings” and will include, but are not limited to:

• printing/copying/scanning costs
• labour costs
• outgoing call costs

8.d Delivery of mail after cancellation
If your service is cancelled for any reason, by you or us, you will no longer have authorisation to use our address/es for any reason. We will no longer accept any deliveries on your behalf. You will need to arrange for collection of all mail or parcels held by us at the close of your account, at your expense. Any further deliveries will be returned to the sender.

If you need time to change your address, then you will need to maintain your account with us until you have finalised your address change with your suppliers and customers.

If your account is paid up-to-date at termination, we may agree to an arrangement where we hold your deliveries for collection, however as a matter of course, we will not advise you when they arrive and it will be your responsibility to check with us if we are holding anything for you.

8.e Unpaid accounts
If your account remains unpaid past the due date, we may withhold sending mail on to you. Once your account is brought up to date, we will send your mail on immediately. Unpaid accounts that are subsequently cancelled by us or you will result in all held mail being returned to sender.

You can avoid such an occurrence by paying your outstanding invoices prior to cancelling your service.

ASIC Registered Office Address

9. Registered Office Address Authorisation

Our Premium Office Address clients have the option to use their Cleveland Serviced Offices address as their ASIC Registered Office Address for one company name only, per account.

For those clients who do not require an address for other business purposes, we offer a specific package to allow the use of a Cleveland Serviced Offices address for ASIC Registration, for one company.

If you have not signed up and paid for this service, then you are not authorised to use our address for this purpose.

9.a Acceptance of Statutory Mail
For clients using our ASIC Registered Office Address service only, we will only accept statutory mail for your company. All other mail will be returned to sender.

If you require us to accept and forward mail from senders other than ASIC, you will require a Premium Office Address service.

9.b Limited to one company name only
Your Registered Office service will allow you to use one company name only for your service.

9.c No document update service
We do not provide a document update service as part of your Registered Office service. It is your responsibility to ensure that any documents and registers, that you require us to hold on your behalf, are kept up to date in accordance with the Corporations Act.

9.d Non payment of annual account
If your annual account remains unpaid after the due date, we may stop accepting statutory mail on your behalf. Mail will be returned to the sender marked as “Not at this address”. You can avoid this by paying your annual account by the due date.

9.e Specific exclusions
For clients using our ASIC Registered Office Address service ONLY, you are not authorised to use our address for any other purpose. Unauthorised purposes include, but are not limited to:

• Displaying our address on your website
• Displaying our address on business cards or other marketing materials
• Implying that the general public or your clients can visit your business at our address unannounced.

If you wish to use our business address for any additional purposes, you will require a Premium Office Address service.

9.f Right to charge for time
Where we are consistently having dealings with your visitors as a result of your unauthorised use of our address, we reserve the right to charge you for our time at our standard secretarial rate, in minimum increments of 15 minutes.

9.g Indemnification
If you are using this service, you may need to provide us with the documentation that may be required by ASIC to be held at the Registered Office address. We will undertake all necessary duties in good faith and with all due care, within reason, in performing this service.

Cleveland Serviced Offices cannot be held liable for any circumstance in relation to this service and by registering for this service you indemnify us from any action whatsoever that results from our provision of the service.

9.h No provision of legal advice
Cleveland Serviced Offices is not able nor qualified to provide any legal advice in relation to this or any other service that we provide.

Your accounts

10. Invoices
We will issue your invoices on a regular basis. Cleveland Serviced Offices invoices are made up of:

10.a Service Charges
Service Charges – these are the charges for your plan and they are payable in advance.

10.b Overages and outgoings
Overages and outgoings – these include any incidental charges incurred by you during the previous billing period. Some examples of the types of charges you might see here are:

• labour costs for assisting your visitors,
• outgoing calls,
• printing or photocopying.

10.c Due Date
Cleveland Serviced Offices invoices clearly indicate the due date for payment. The invoice is due and payable on that date, unless otherwise agreed by us. If you do not pay your account by the due date, we have the right to recover in addition to our outstanding account, any fees expended in relation to recovery of the debt. This will include administration fees, reminder fees, costs of funding and any fees imposed by debt recovery agents. Cleveland Serviced Offices may list payment defaults with credit monitoring agencies such as Creditor Watch and others.

10.d Account disputes
If you wish to dispute any amount that appears on your account, please contact us immediately via an email to support@clevelandservicedoffices.com.au. It is important that you specify the item/s that you are disputing. The undisputed amount of the invoice will still be payable by the due date.

11. Invoice delivery
Cleveland Serviced Offices emails invoices. We do not use Australia Post for the delivery of invoices.
It is your responsibility to notify us, in writing, of the email address to which you require your invoices to be sent.

11.a Non-receipt of invoices
Non-receipt of an invoice is not grounds for refusal by you to pay said invoice. If you have not received an invoice, we can send you a copy. We may agree to extended payment terms to help you pay the invoice.

If you have signed up for a monthly agreement, then you will be aware that fees are due and payable each month, so our invoice should not be a surprise.

Looking after the team

12. Zero tolerance
We must ensure that our staff and contractors are not subject to harassment, bullying or other intimidatory actions in their work. We therefore have a policy of Zero Tolerance for such behaviour.

12.a Right to terminate abusive conversations or calls
Our consultants reserve the right to terminate conversations or calls where the visitor or caller has become personally abusive, threatening or is using obscene language in such a manner as to cause distress to the consultant.

• We will document the termination and advise you as soon as possible after the visit or call has ended.
• We reserve the right to suspend or terminate your services if we encounter repeated abuse from your visitors or callers.

13. No abuse from clients
Likewise, you agree not to harass, bully or otherwise intimidate our staff, by way of telephone calls, emails or other. We reserve the right to cancel a service immediately should such behaviour be encountered.

If you have a grievance, please advise us of the facts via an email to support@clevelandservicedoffices.com.au.

14. Dispute Resolution

If either party disputes any matter contained in these Terms and Conditions then the following procedure is to be followed:

14.a The party disputing the matter must give a notice to the other party setting out the dispute. (“Dispute Notice”).

14.b If the parties cannot subsequently resolve the dispute within 14 days from the Dispute Notice being served, either party may ask the President of the Law Society to appoint an independent expert to determine the dispute.

14.c The decision made by the expert will be final.

14.d The parties to the dispute must share the costs of the expert equally.

15. Warranties and Disclaimers

15.a Warranties by vendor and covenantor

Subject to the disclosures in this agreement:

Cleveland Serviced Offices warrants and represents to you that each of the statements set out below is true, complete and accurate, both at the date of this agreement and at the completion date (except that where a warranty refers to only one of those dates, that warranty is given only as at that date).

15.b Solvency

• Cleveland Serviced Offices is not insolvent.
• You are not an undischarged bankrupt.
• No receiver, receiver and manager or other controller or administrator has been appointed nor is the appointment of a receiver, receiver and manager, other controller or administrator threatened, in relation (as applicable) to Cleveland Serviced Offices or any part of the undertaking or assets of the Cleveland Serviced Offices and no event has occurred which entitles (or would, with the giving of notice or the lapse of time, entitle) any person other than the company, to appoint or seek the appointment by a court of a receiver, receiver and manager, other controller or administrator.
• Cleveland Serviced Offices has full power and authority to own its property and assets, including the sale interest, and to conduct any business in Australia.

15.c Accuracy of information
All information which has been given by or on behalf of Cleveland Serviced Offices to you and all information which is known by Cleveland Serviced Offices which has been disclosed to you are true, complete and accurate in all respects.

15.d Compliance with law and absence of litigation
There is no claim, action, proceeding or demand which may give rise to litigation involving Cleveland Serviced Offices.

15.e Basis of warranties
The warranties given by Cleveland Serviced Offices are given to the best of Cleveland Serviced Offices’s knowledge and belief after Cleveland Serviced Offices has made enquiries reasonable in the circumstances.

15.f Duration of warranties
The warranties in this clause remain in full force and are binding and where before that date the client gives Cleveland Serviced Offices notice of a claim for a breach of a warranty, that warranty does not cease on that date and continues after that date to the extent required to enable the client to prosecute that claim.

15.g Your warranties
You warrant and represent to Cleveland Serviced Offices, that:

• the execution and delivery of this contract have been properly authorised by all necessary corporate action of you, the client;
• you have full corporate power and lawful authority to execute and deliver this contract and to consummate and perform or cause to be performed your obligations under this contract;
• this contract constitutes a legal, valid and binding obligation on you enforceable in accordance with its terms by appropriate legal remedy;
• this contract does not conflict with or result in the breach of or default under any provision of its constitution or any material term or provision of any agreement or deed or any writ, order or injunction, judgment, law, rule or regulation to which it is a party or is subject or by which it is bound;
• there are no actions, claims, proceedings or investigations pending or threatened against you or to your knowledge by, against or before any person which may have a material effect on the sale and purchase of the assets in accordance with this contract;
• you are not subject to any form of insolvency procedure and you have the financial capacity to promptly pay in full each tranche of the price that is payable under this contract and the deferred price.

Cancelling your service

16. How you can cancel your service
Unless otherwise agreed in writing, you may cancel your service by notifying Cleveland Serviced Offices in writing at least three business days prior to the next service billing date . The service will continue until the billed period expires. We will not provide any refunds for early cancellation of any service.

NOTE: If you have a specific agreement with us for the provision of services, the notice period will be detailed in the agreement document.

16.a Charges may still be incurred
You will remain liable for charges incurred until your service is terminated. Examples include, but are not limited to:

• Postage charges
• Outgoing call charges
• Labour for attending clients

Cancellation by Cleveland Serviced Offices

17. When we can cancel or suspend your service
We will cancel or suspend your services if we encounter the following:

17.a Unpaid accounts
When your account is in arrears:

If your account is unpaid after the due date, we may suspend your service until we receive payment.

17.b Abuse
If you, your callers, or your visitors are persistently abusive or aggressive. Dealing with this behaviour is unnecessarily stressful for our team and impacts on the quality of service to our other clients.

17.c Excluded activities
If we have reason to suspect that the service we provide to you is being used for activities that are illegal, derogatory, racist, abusive, threatening, obscene, hateful or in any other way objectionable to others.

17.d Breach of Terms and Conditions
If you breach any of the Terms and Conditions in this document and future updates to this document. Any resolution of the breach will be pursued in accordance with clause 14 of the Terms and Conditions.

17.e Cancellation of suspended accounts
We reserve the right to cancel suspended accounts. If you wish to have your account re- activated, a reconnection fee will apply and will be payable prior to re-activation.

17.f Withdrawal of service
Cleveland Serviced Offices reserves the right to cancel and withdraw services where continuing to provide the service would place Cleveland Serviced Offices at risk of non-compliance with applicable laws or claims from third parties. At all times, Cleveland Serviced Offices will endeavour to provide adequate notice to its affected clients.

Other information you need to know

18. We work hard to ensure continuity of your service. To this end, we have built redundancies into our systems and processes to overcome minor outages. However, we will not be liable to you or any other person for the failure of any of our services where it is a direct consequence of an outage affecting one or more of our external service providers.

19. We use all reasonable endeavours to ensure security and privacy of your information, in accordance with our privacy policy, but we cannot control and will not be liable for:

19.a Performance, reliability and security of any internet based, or other, applications used by you, or us on your behalf.

19.b Your competence in the use of technology and/or the internet.

19.c Security of any information transmitted on the internet.

19.d The competence or efficiency of telecommunications companies and internet service providers that you use.

20. Insurance
Cleveland Serviced Offices is not responsible for any insurance requested or required by client. You are responsible for obtaining your own insurance which is required for your individual needs.

21. We will not be liable for any claims of whatsoever kind or nature (including claims for negligence) that might arise directly or indirectly out of any act or omission, use or misuse of any of the services by you or for anything else done or not done by Cleveland Serviced Offices. If this clause fails to fully and completely exclude any claim and/or if any third party seeks to make any claim against Cleveland Serviced Offices that is in any way related to your use or misuse of our services, or anything done or not done for you by Cleveland Serviced Offices, then you hereby indemnify Cleveland Serviced Offices against any and all liabilities losses, expenses and costs that might be suffered or incurred by Cleveland Serviced Offices as a direct or indirect consequence of any such claims being made.

22. Cleveland Serviced Offices hereby excludes all and any liabilities, costs, damages, losses or expenses of whatsoever kind or nature which may be claimed by you or any third party against Cleveland Serviced Offices including claims for negligence in relation to any matter whatsoever arising from this Agreement.

23. In the event of investigation by Commissioner of Corporate Affairs or other regulatory body, we will not be held responsible for any matters that are of the concern to the Commissioner or other, in regard to the activities of you or your business. We furthermore will be at liberty to provide any and all information in our possession to the aid of the Commissioner.

24. These terms and conditions will be governed by and construed pursuant to the laws of Queensland, Australia and the parties agree to submit to the jurisdiction of the Courts of Queensland Australia in connection with any dispute relating to these terms and conditions.