Service Agreement
By clicking ‘I agree,’ you (the “Client”, you”, “your”) are entering into a legally binding agreement (“Agreement”) with The Office Agents to abide by the terms and conditions (“Terms”) set forth in this Agreement, which govern the use of our Services.
Agreement Acceptance
By clicking ‘I agree,’ you acknowledge that you have had an opportunity to review the Terms provided below. Your acceptance of this Agreement is voluntary, and you agree to be bound by its Terms. If you do not agree with these Terms, you should not use our Services.
You understand and agree that clicking ‘I agree’ constitutes a legally binding Agreement between you and the Company. You further understand that failure to comply with the Terms of this Agreement may result in legal consequences and obligations.
I agree
By clicking ‘I agree,’ you acknowledge that you have read, understood, and agreed to the Terms set forth in this Agreement.
WHEREAS, The Office Agents provide a website for listing and searching flexible office spaces across Australia and facilitate communications between clients seeking office spaces and service providers offering such spaces;
WHEREAS, the Client desires to use the services of The Office Agents to search for and secure flexible office spaces in accordance with the terms and conditions set forth in this Agreement;
WHEREAS, The Office Agents will facilitate introductions and communications between the Client and service providers but will not be a party to any license agreements entered into between the Client and service providers;
THEREFORE, IN CONSIDERATION for the commitments set forth below, the adequacy of which consideration the Parties hereby acknowledge, the parties agree as follows:
“Agreement” means this service agreement, including all schedules, exhibits, amendments, and other related documents;
“Business Day” means any day other than a Saturday, Sunday, or public holiday in New South Wales, Australia;
“Client” refers to any individual, entity, or organisation that engages the services of The Office Agents for the purpose of identifying, sourcing, and securing office spaces or related services. Clients may access The Office Agents’ Website to search for available office spaces, communicate preferences and requirements, and engage in negotiations with service providers facilitated by The Office Agents;
“Effective Date” means the date on which this Agreement is signed by both Parties;
“License Agreement” means a contractual arrangement between the Service Provider and a Client for the use of office space, distinct from a lease agreement;
“Parties” refers collectively to The Office Agents and the Client;
“Party” refers individually to either The Office Agents or the Client as applicable;
“Service Provider” refers to any individual, entity, or organisation that offers office spaces, facilities, or related services for licensing or leasing to potential clients. Service Providers may include but are not limited to property management companies, coworking spaces, serviced office providers, landlords, real estate agencies, or any other entity or individual acting as a licensor of office spaces. Service Providers may list their available office spaces or services on The Office Agents’ Website for consideration by potential clients seeking office accommodations;
“Website” refers to The Office Agents Website located at www.theofficeagents.com
The Office Agents agree to provide the Client with the following services:
2.1 Retainer Services
By selecting the retainer option, the Client agrees to pay a monthly fee of $2,000 AUD exclusive of Goods and Services Tax (GST) in exchange for the following services:
You can email directly for more information at [email protected]
2.1 Client’s Responsibilities
2.2 Service Provider Listings
The Office Agents allow service providers to list their available office spaces on the Website. The Office Agents facilitate communications between the Client and service providers but do not endorse or recommend any particular service provider or office space.
2.3 Changes to Services
The Office Agents reserve the right to modify or discontinue any of the services described in this Agreement, provided that any such changes will not materially reduce the level of service provided to the Client without prior notice.
2.4 Service Limitations
The Office Agents’ services are provided on an “as-is” basis, and the availability of office spaces is subject to market conditions and the decisions of service providers. The Office Agents shall not be liable for any failure to secure a license agreement for the Client or for any actions taken or not taken by service providers.
3.1 The Office Agents rely on the information provided by service providers for listing office spaces on their Website. The Office Agents do not independently verify the accuracy or completeness of such information.
3.2 The Client acknowledges that the listings provided by service providers may contain inaccuracies or omissions. The Office Agents make no representations or warranties regarding the accuracy, completeness, or reliability of any listings on their Website.
3.3 The Office Agents may provide introductions to third-party service providers. The Client acknowledges that these third-party service providers are not controlled by The Office Agents, and The Office Agents are not responsible for any actions, services, or failures of these third parties.
3.4 The inclusion of any service provider or office listing on The Office Agents’ Website does not constitute an endorsement or recommendation by The Office Agents.
3.5 The Client is responsible for conducting their own due diligence and verifying the suitability of any office space or service provider before entering into any agreement or transaction.
3.6 No Real Estate Agent Services
The Office Agents do not act as a real estate agent or broker. The Office Agents facilitate introductions and communications between the Client and service providers but do not negotiate or execute lease or license agreements on behalf of the Client.
3.7 No Professional Advice
The information provided by The Office Agents is for general informational purposes only and does not constitute professional advice. The Client should seek independent professional advice before making any decisions related to the licensing of office spaces.
3.8 No Guarantee of Outcomes
THE OFFICE AGENTS MAKE NO GUARANTEES OR WARRANTIES REGARDING THE OUTCOME OF ANY OFFICE SEARCHES OR THE SUCCESS OF ANY INTRODUCTIONS TO SERVICE PROVIDERS. THE CLIENT ACKNOWLEDGES THAT THE OFFICE AGENTS DO NOT GUARANTEE THAT ANY OFFICE SPACE WILL BE SECURED OR THAT ANY LICENSE AGREEMENT WILL BE ENTERED INTO WITH ANY SERVICE PROVIDER.
The Client represents and warrants to The Office Agents that:
5.1 The Office Agents may collect and process personal information about the Client in connection with the provision of services under this Agreement. The Client acknowledges and agrees that such personal information may include but is not limited to the Client’s name, contact information, business details, and preferences regarding office spaces. The Office Agents will handle all personal information in accordance with their Privacy Policy, which is accessible at https://theofficeagents.com/privacy-policy/. The Privacy Policy outlines the purposes for which personal information is collected, the legal basis for processing such information, and the rights of individuals regarding their personal data. By entering into this Agreement, the Client consents to the collection, processing, and use of their personal information by The Office Agents in accordance with the Privacy Policy. The Client further acknowledges that it is their responsibility to review the Privacy Policy and understand how their personal information will be handled.
THE CLIENT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OFFICE AGENTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF OR RELATED TO (I) ANY BREACH OF THIS AGREEMENT BY THE CLIENT, (II) ANY VIOLATION OF APPLICABLE LAWS OR REGULATIONS BY THE CLIENT, (III) ANY CLAIMS ARISING FROM OR RELATED TO THE CLIENT’S INTERACTIONS OR TRANSACTIONS WITH SERVICE PROVIDERS INTRODUCED BY THE OFFICE AGENTS, AND (IV) ANY DISPUTES BETWEEN THE CLIENT AND ANY SERVICE PROVIDER ARISING FROM OR RELATED TO A LICENSE AGREEMENT OR FAILED NEGOTIATIONS FOR SUCH AN AGREEMENT.
THE OFFICE AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR IF THE OFFICE AGENTS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE OFFICE AGENTS’ TOTAL LIABILITY TO THE CLIENT UNDER THIS AGREEMENT, FOR ANY REASON WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF RETAINER FEES, IF ANY, PAID BY THE CLIENT TO THE OFFICE AGENTS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
8.1 Term
This Agreement shall commence on the Effective Date and shall continue in effect until terminated as provided herein.
8.2 Termination for Convenience
Either party may terminate this Agreement for any reason by providing written notice to the other Party at least thirty (30) days prior to the intended date of termination.
8.3 Termination for Cause
Either Party may terminate this Agreement immediately upon written notice to the other Party if the other Party materially breaches any provision of this Agreement and fails to cure such breach within ten (10) days of receiving written notice specifying the nature of the breach.
8.4 Effect of Termination
The Client shall immediately cease using The Office Agents’ services, and any access to the Website provided under this Agreement shall be terminated. If applicable, the Client shall pay any outstanding retainer fees up to the date of termination. The retainer fee for the final month shall be prorated based on the number of days remaining in the month. Any unused retainer fees paid in advance for future months shall be refunded to the Client within 30 days of termination.
8.5 Suspension or Termination by The Office Agents
The Office Agents reserve the right to suspend or terminate the Client’s access to their services at any time without prior notice if the Client breaches any provision of this Agreement or engages in conduct that The Office Agents, in their sole discretion, deem to be inappropriate or harmful.
Upon the termination or expiration of this Agreement for any reason, any provisions of this Agreement that, by their nature, should survive termination or expiration, shall continue to remain in full force and effect. Such provisions may include, but are not limited to, provisions related to confidentiality, indemnification, limitation of liability, intellectual property rights, and any other obligations or rights of the parties that are intended to survive beyond the termination or expiration of this Agreement.
10.1 Negotiation
In the event of any dispute or disagreement arising out of or in connection with this Agreement, the Parties agree to first attempt to resolve the matter amicably through good-faith negotiations. Either Party may initiate the negotiation process by providing written notice to the other party outlining the nature of the dispute.
10.2 Mediation
If the dispute cannot be resolved through negotiation within five (5) business days, the Parties agree to submit the dispute to mediation. The mediation shall be conducted in accordance with the rules of a recognised mediation body or the Resolution Institute. The Parties shall jointly appoint a mediator, or if they fail to agree on a mediator within five (5) business days, a mediator shall be appointed by the Resolution Institute. The mediation shall take place at a mutually agreed location within Sydney. The Parties shall participate in the mediation process in good faith and share the costs of the mediation equally.
10.3 Arbitration
If mediation does not result in a resolution within five (5) business days from the commencement of the mediation, or if either Party fails to participate in the mediation, the dispute shall be referred to and finally resolved by arbitration. The arbitration shall be conducted in accordance with the rules of the Resolution Institute, and the seat of arbitration shall be Sydney. The arbitration shall be conducted by a single arbitrator appointed in accordance with the said rules. The decision of the arbitrator shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction.
Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be in writing and may be delivered by email to the following email address
Business:
Founder : Caroline McSorley,
The Office Agents
Email: [email protected]
Any notice, request, demand, or communication shall be deemed properly given if it is delivered as specified above or to such other email address as the Party to be notified may subsequently designate by written notice.
If a provision of this Agreement is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or other provisions in this Agreement.
The failure of The Office Agents to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by epidemics, acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labour disputes, riots or other acts of civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond the performing party’s reasonable control.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the interpretation of this Agreement.
This Agreement constitutes the entire understanding and agreement between The Office Agents and the Service Provider concerning the subject matter herein. It supersedes all prior or contemporaneous agreements, understandings, representations, and discussions, whether oral or written. The parties acknowledge that they have not relied on any representations, warranties, or statements other than those expressly set forth in this agreement. Any modifications or amendments to this agreement must be in writing and signed by both the Parties.
This Agreement and any disputes arising under or in connection with this Agreement, shall be governed by the laws of New South Wales Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in NSW Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
This Agreement may be executed and delivered electronically and in counterparts, each of which will be deemed an original and all of which together will constitute one and the same Agreement. Each party’s electronic signature, whether by digital means or scanned copy, shall have the same force and effect as an original handwritten signature. The use of electronic signatures is deemed a consensual act, signifying the parties’ intent to be bound by the terms of this Agreement.
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