Schedule 1 – Agreement Information
- Richard Small & Phil Quinton Architects Pty Ltd t/as
- SQC Architecture
- ABN 83 074 611 215
b. Business Address
- First Floor, Unit 3
- 22 Thynne Street
- Bruce ACT 2617
c. Contact Person
Ric Small, Managing Director
d. Contact Details
- Work: 02 6278 8555
- Email: Ric.Small@sqca.com.au
- Mobile: 0417 687 232
a. Full Name or Entity
c. Business Type & Service (if applicable)
d. Period in Business (if applicable)
e. Permanent Address
f. Registered Business
g. Contact Details
Please indicate preference for Short Stay, Long Stay, (or indicate Other):
1.4 Insurance Provider
1.5a Public Liability Cover Amount
1.5b Renewal Date
1.5c Level of Cover
1.5d Please attach Certificate of Currency
See Annex 1.
1.6 Options to Renew
1. No. of business days:
2. No. of business days:
3. No. of business days:
4. No. of business days:
Date day of 20
Signed for and on behalf of
Richard Small and Phil Quinton Architects Pty Ltd
t/as SQC Architecture
ABN 83 074 611 215
In the presence of:
Print name of Witness
(Signature of Witness)
Signed for and on behalf of the Guest (insert name)
In the presence of:
Print name of Witness
(Signature of Witness)
Certificate of Currency
Schedule 2 – Fees and Payment
a. Business Day
- 8:00am – 6pm,
- Monday – Friday (but not including Saturday, Sunday, any public holiday, 27- 31 December, or the Host? office shutdown periods)
b. Short Stay
- $50 per business day
- Minimum booking: 4 business days
- Payment is due and payable 5 business days in advance from the commencement of the Term.
c. Long Stay
- $200 per week (where one week is equivalent to 5 business days)
- Minimum booking: 10 business days
- Payment is due and payable 10 business days in advance from the commencement of the Term.
d. Guest Preferred Stay
- The Guest may apply for their preferred length of Stay (Other Stay).
- Other Stays are at the Host’s discretion and by prior agreement only.
e. Administrative Set-up
Charge (Non Refundable) – $50.00
f. Security Deposit
A security deposit of $100 is payable upon signing the Agreement.
g. Workspace Inclusions
Each Workspace includes:
- All utilities
- Ergonomic Chair
- 1 Workstation
- Lockable Mobile Pedestal
- 1 Phone Handset
- Access to Internet including Wifi and a laser printer
- Access to a small meeting table for one invitee of the Guest
- Reasonable use of a fully equipped kitchen and lunchroom facilities
- Shower and locker facilities
- Weekly cleaning
- The option to hire a Small or Large Meeting Room depending
* Long Stay Guests have the option of a dedicated landline number allocated for their exclusive use during the Term.
h. Additional Charges
- The use of Meeting Rooms or large print jobs, will incur additional charges.
i. Meeting Rooms
- The Bruce Serviced Offices offer two meeting rooms for hire on an hourly rate depending on availability.
- Small Meeting Room Hire – $25 p/hr within business hoursPrivate meeting room for up to 6 people includes access to a speaker phone.
- Large Meeting Room Hire – $50 p/hr within business hours
- Private room for up to 12 people includes phone conferencing capability, glass chalkboard for presentations, 70 inch HD monitor, and Wifi Connectivity.
j. Print Charges
Occasional minor quantities (A4) are included in standard charges.
Larger print runs, collating and binding are available and subject to additional costs. Charges are subject to volume.
Available units are:
- B&W A4
- B&W A3
- Color A4
- Color A3
- Collate & Staple
- Collate & Bind
Schedule 3 – Terms and Conditions
3.1 Agreement (one workstation (the Workspace) to one guest and location)
This is an agreement to license one workstation (the Workspace) to one guest, in the offices located at Unit 3, Level 1, 22 Thynne Street, Bruce ACT 2617 during the Term of the Agreement.
3.2 The Agreement documents include:
- Schedule 1 – Agreement Information
- Schedule 2 – Fees and Payment
- Schedule 3 – Terms and Conditions
- Schedule 4 – Housekeeping Rules
a. Host Schedule 1.2
b. Guest Schedule 1.3
c. Agreement Date
Schedule 2 (b) & (c)
g. Common Areas
Include the Kitchen/Lunchroom, Reception area, Toilets, Shower, Utility and Store rooms, Carpark, Main Foyer, Hallways and Lift, outdoor areas within the Building boundary.
h. Security Deposit – Schedule 2(g)
i. Short Stay – Schedule 2(b)
j. Long Stay – Schedule 2(c)
k. Preferred Stay – Schedule 2(d)
3.4 Comply with the Agreement and Host’s
The Guest and any of its visitors, staff and/or contractors must abide by the Agreement and applicable Housekeeping rules.
The Guest and any of its visitors, staff and/or contractors must at all times observe and comply with any reasonable directions which the Host may from time to time give in connection with the use and operation of the Workspace.
The Guest agrees to pay the Host the Fees, Security Deposit, Administrative Setup Charge, and all additional charges incurred from time to time for the use of the Workspace.
3.6 Workspace Use and Access
The Host grants the Guest a non-exclusive license to occupy the Workspace, which shall be allocated by the Host in its sole discretion to the Guest, for the Term in accordance with the terms of this Agreement.
The Guest must not use the Workspace licensed to it under this Agreement for other than for general office purposes only.
The Guest cannot carry on any illegal activities, or use the Workspace in violation of the law, the Housekeeping rules, or any other applicable rules, policies, codes or regulations during the
The Guest must not do, omit to do, or permit to be done any act, matter or thing which is or may be a nuisance or annoyance, or which otherwise is or may disturb the quiet enjoyment of the Host or any other guests or occupants of the Building, or causes or may cause an obstruction to the Host, other guests or occupants of the Building.
3.7 Maximum Occupancy
The Workspace is for one occupant only and the Guest must not exceed maximum occupancy. Additional workspaces are subject to a separate agreement.
3.8 No alterations
The Guest must not alter the Workspace in any way, or make additions or improvements to the Workspace.
3.9 No hazardous materials
The Guest must not use or handle hazardous materials in the Workspace or Building.
3.10 Access to Workspace
The Host may access the Workspace at any time to carry out any works and as a courtesy will make reasonable efforts to inform the Guest in advance.
3.11 Duty to take good care
The Guest must take good care of the Workspace and will not cause any damage to the Workspace, Common Areas, or the Building. If any damage occurs the Guest must notify the Host as soon as reasonably practicable.
On expiry or earlier termination of the Agreement the Guest must deliver the Workspace and any of the Host?s Property in a similar condition at commencement of the Agreement.
(a) The Guest acknowledges that no promise, representation or warranty was given by or on behalf of the Host to the Guest or its agents, representatives or employees and the Host makes no warranty regarding the present or future suitability or adequacy of the Workspace, the Building, or Workspace Inclusions, or the fixtures, fittings, furnishings, plant, machinery, equipment provided by the Host or the benefit thereof to the Guest or any limitations with regard to any of them for:
i) the actual or intended use by the Guest; or
ii) the actual or intended business conducted by the Guest.
(b) Any warranties implied under the general law or by statute are excluded under this Agreement and nullified to the extent permitted by law.
(c) The Host reserves the right to licence other Workspaces to persons carrying on the same or a similar type of business or activity as that conducted by the Guest.
The Guest is given non-exclusive use of the areas of the Building designated as Common Areas (except for Meeting Rooms which are provided for use on a pre-paid booking system).
3.14 Housekeeping Rules
The Host can make any changes to its Housekeeping rules or policies without any reference or notice to the Guest.
No keys or access cards are issued to the Guest, and the Guest cannot make any changes to the Host?s locks on any doors, windows, or entryways.
The Guest cannot place any signage anywhere in the Workspace, Common Areas, or on the Building.
3.17 Mail and Packages
Mail and Packages are not to be delivered to the Workspace or Building unless otherwise agreed.
The Guest must comply with the Host?s equal opportunity employer policies.
The Guest shall not participate in any type of verbally or physically harassing or abusive behavior to employees of the Host and any of the Host’s contractors, clients, or visitors.
The Host can terminate the Agreement immediately without penalty if the Guest behaves in any behavior that the Host deems contrary to its policies.
The Workspace is an open plan office environment and the Guest acknowledges that either party may be in receipt of non public information and must not disclose any information obtained to any person.
The Guest shall ensure that the public risk insurance required to be taken out in the amount stated in Schedule 1.5a covers those parts of the Building licensed to the Guest under this Agreement.
3.21 Conflict Resolution
(a) Subject to paragraph
(b), the parties must not file any initiating process with any court in respect of any dispute arising out of this Agreement ‘Dispute’ until:
i) they have complied with paragraph (d); or
ii) if the dispute has been referred to mediation in accordance with paragraph (e), those mediation proceedings end.
(b) Paragraph (a) does not apply to applications for urgent injunctive, declaratory or other interlocutory or equitable relief before an appropriate court.
(c) If a party believes there is a Dispute, that party may notifythe other party, in writing, of the nature and substance of the Dispute.
(d) The parties must attempt to resolve any Dispute notified under paragraph (c) through good faith negotiations.
(e) If a party believes that the Dispute has not been resolved in accordance with paragraph (d) within 20 Business days of notice being given in accordance with paragraph (c), they may give the other party a written notice requiring that the Dispute be referred to mediation.
(f) If a notice is given under paragraph (e), the mediator will be:
i) as agreed between the parties or such other person as appointed by the Institute of Arbitrators and Mediators of Australia; and
ii) appointed by both parties within 20 business days of the date of the notice.
(g) Each party in the dispute must pay an equal share of the costs of mediation unless a Court of appropriate jurisdiction subsequently orders otherwise.
3.22 Payment and Cancellation
All Fees are to be paid in advance as follows:
(a) Short Stay Guests: 5 business days before the Term commences.
(b) Long Stay Guests: 10 business days in advance from the date of commencement and thereafter each 10 days in advance.
Short Stay Guests
(c) On cancellation will receive a full refund of all Fees paid in advance together with the Deposit, provided written notice has been given to the Host 5 business days in advance.
(d) If the Term has commenced, the Guest will not be entitled to receive a refund of Fees paid in advance and the Host reserves the right to retain the Security Deposit.
Long Stay Guests
(e) On cancellation will receive a full refund of any Fees paid in advance along with the Security Deposit, provided the Guest has given written prior notice of 5 business days to the Host before the Term has commenced.
(f) If the Term has commenced, the Guest must give 5 business days written notice to the Host and will be entitled to receive a pro-rata refund of the remaining Fees thereafter. The Host reserves the right to retain in whole or in part the Security Deposit.
3.23 Default Immediate Termination
(a) Unless the Host agrees otherwise in writing, this Agreement automatically and immediately ends if an Insolvency Event happens in relation to the Guest. An Insolvency Event means:
i) a liquidator, provisional liquidator, receiver, trustee in bankruptcy, or any form of external administrator is appointed in respect of the Guest;
ii) the Guest proposes a scheme of arrangement with its creditors; or
iii) the Guest is deemed insolvent or bankrupt under any relevant law.
Termination for default
(b) The Host may, by written notice to the Guest, immediately terminate this Agreement if the Guest:
i) fails to pay to the Host the Fee within 5 days of the due date, whether or not demanded by the Host;
ii) commits a breach of this Agreement and the failure is not capable of remedy; or
iii) fails to remedy a breach of this Agreement that is capable of remedy, within 5 days of receiving written notice from the Host specifying the breach and requiring it to be remedied.
(c) The right of termination under paragraph (b) will continue for the whole of the Term and any holding over or extension until exercised by the Host or waived by the Hosting writing.
Consequences of Termination
(d) On expiry, or termination, of this Agreement the Guest will:
i) remove all of the Guest?s possessions from the Workspace leaving it vacant;
ii) leave the Workspace in a neat, clean and tidy condition;
iii) repair any damage to the Workspace, Common Areas and Building caused by the Guest at the Guest’s costs;
iv) promptly hand back possession of the Workspace and the Workspace Inclusions; and
v) pay the Fees outstanding at the termination date.
(e) If the Guest fails to:
i) leave the Workspace in a neat, clean and tidy condition; or
ii) repair any damage to the Workspace, the Building or the Common Areas caused by the Guest at the Guest’s cost; the Host may rectify these breaches and the cost of doing so will be due and payable to the Host by the Guest as reimbursement.
(a) Notices must be in writing and in English, and may be given by an authorised representative of the sender.
(b) Notice is deemed to be received by a person:
i) when left at the person’s address;
ii) if sent by mail, 3 business days after posting;
iii) if sent by facsimile or email, at the time and on the day shown in the sender?s transmission report, if it shows that the whole notice was sent to the person’s facsimile number or email address last notified.
iv) If the notice is deemed to be received on a day which is not a business day or after 5pm, it is deemed to be received at 9am on the next business day.
3.25 Security Deposit
The Security Deposit is held as security during the Term for performance of the Guest’s obligations under the Agreement. The Host can apply any portion of the Deposit to amounts owed to the Host for any damage to its Property, the Workspace or surrounding areas and to the Shared Facilities and Building.
If there are any overdue Fees or other amounts owing, the Host can apply any portion of the Security Deposit to meet the costs of the Guest’s default solely at the Host?s discretion.
The Security Deposit, less any amounts validly deducted from the Security Deposit by the Host under this clause, will be refunded to the Guest’s nominated bank account within 5 business days on expiration of the Term or earlier termination of the Agreement, provided the Guest has complied with all the terms of the Agreement and the Housekeeping rules, has remitted all amounts due and payable, and surrendered the Workspace in good condition.
The Guest must give intention to renew no later than 5 business days prior to the expiry of the Term.
The Guest may reschedule their booking at any time prior to the commencement of the Term at no extra cost provided the rescheduled booking is for the same duration. If the booking is for a different duration, the Fee will be calculated on a pro-rata basis.
(a) The Guest agrees to indemnify the Host from and against liability, loss, damage, expense or claim which the Host may incur during or after the Term, including a third party claim, is respect of or arising from:
i) Any breach of the Guest’s obligations under this Agreement;
ii) Loss, damage or injury to property or person occurring within the Workspace, the Common Areas or the Building as a result of the Guest’s use of the Workspace;
iii) The negligent use or misuse by the Guest or any of the facilities or utilities in the Workspace, the Common Areas or the Building;
iv) The overflow; leakage or escape of water, gas, electricity, fire or other materials or substances into or from the Workspace caused or contributed to by the Guest;
v) Loss, damage or injury to property or person caused or contributed to by the Guest’s negligence arising out of the use of the Workspace;
vi) The Guest’s failure to notify (to the extent that it is aware) the Host regarding a defect in the facilities or utilities in or to the Workspace.
(b) The indemnities under this clause include penalties, fines, legal and other costs incurred by the Host and arising out of the Guest’s occupation of the Workspace, and do not apply to any extent that the loss, damage or injury was caused by the willful or negligent act or omission of the Host.
(c)The Guest agrees to use and occupy the Workspace throughout the Term and any extension and holding over is at the Guest’s risk as regards loss or damage to the Guest, personal injury and the Guest’s property.
3.29 General Rights and Obligations
(a) The Guest will not during the continuation of this Agreement part with possession of the Workspace to any person, whether by assignment, sub-licence or any othermeans.
(b) The Guest may not transfer the license or part with possession of all or part of the Workspace before obtaining the Host’s written consent, which may be withheld at the Host’s sole discretion.
(c) The Guest may not sub-license the Workspace before obtaining the Host’s written consent, which may be withheld at the Host?s sole discretion.
3.30 Liability for Loss
(a) The Host is not liable to the Guest, and is excluded from liability, for damage to the Guest?s equipment and other property, and for loss of profits whilst the Guest is using and occupying the Workspace, including through:
i) any defect in the construction or the condition of the Workspace;
ii) any defect in the construction or operation of facilities or utilities in, around or to the Workspace,
iii) the Workspace Inclusions, and
iv) fire, water or any other cause.
3.31 Suspending Services
If the Building in which the Workspace is located is damaged in a material way or destroyed, or equipment required by the Guest to utilise the Workspace is no longer present and available for any reason, the following will apply:
(a) The Host will not be liable to compensate the Guest in any way;
(b) Any alternative premises for the Guest to utilise will be the sole responsibility of the Guest and no claim may be made against the Host for the cost of relocation;
(c) Use of the Workspace under the terms of this Agreement will resume upon the Host giving the Guest notice during the Term that the damage, destruction or absence of equipment has been rectified; and
(d) The Host may in its absolute discretion terminate the Licence if it does not intend to rectify the damage, destruction or absence or equipment.
(a) The Guest agrees the Agreement is not a lease and the Guest has no interest in any real property.
(b) The Agreement is a revocable license only, and the Host retains legal possession and control of the Workspace at all times.
(c) The Guest:
i) acknowledges that the Host is a sublessee of the land on which the Workspace is located pursuant to a sublease (‘the Sublease’) with the registered proprietor of the land (‘the Head Lessor’);
ii) will abide by all reasonable directions of the Host and the Head Lessor in relation to its occupation of the Workspace;
iii) acknowledges that the Head Lessor’s consent may be required for activities within the Workspace and the land and undertakes to obtain that consent when required;
iv) will allow entry to the Head Lessor as reasonably required; and
v) agrees that this Agreement will immediately terminate if:
a. the Sublease terminates;
b. notice is given to that effect.
(d) The Host agrees that it will give the Guest as much notice as possible should the Sublease be liable to termination.
Schedule 4 – Housekeeping Rules
- 8:00am – 6pm,
- Monday ? Friday (but not including Saturday, Sunday,
any public holiday, 27- 31 December, or the Host’s office shutdown
- Always leave the lunchroom and kitchen facilities in a tidy state.
- Wipe down any surfaces, put dirty office dishes and cutlery into the Dish Drawer, and wash and dry any containers you have brought for personal use.
- Please alert the Office Manager if you notice any major spills or other issues in the common areas so they can be attended to as soon as practicable.
- Operating manuals containing detailed instructions for the oven, microwave, dishwasher and coffee machines are available on request.
- Please place the microwave food covers in the microwave after use and regularly take home your food from the fridge if it has passed its Use By date.
(b) Dish Drawers
- The Dish Drawers are for use by all staff during work hours.
- The Dish Drawer is in progress when the blue light on the ‘Play’ function is lit.
- Please do not open the Dish Drawer while the Dish Drawer is in progress as this will cause the seals to deteriorate.
- If you are the last person to fill the Dish Drawer, place a dishwasher tablet (located in the cupboard under the kitchen sink) in the cutlery tray, and select the Normal or Fast function along the top of the Dish Drawer.
- Close the Dish Drawer and press ‘Play’ button on the top right hand side of the Drawer.
- Remove the magnet on the Dish Drawer and place it on the empty Dish Drawer to indicate the Drawer to be stacked with dirty dishes.
Light and Regular milk is provided for reasonable use and is stored in the middle shelf of the fridge door.
Should you have particular dietary requirements or should you require milk in larger quantities for personal use, please provide your own milk and store it (labelled) on the lowest shelf of the fridge door.
(d) Biscuits, Tea,
These items are all provided for common use.
(e) Coffee Machine – Please see the Office Manager if you need help operating the coffee
(f) Desk Bins – Please do not discard items that once contained food or liquids in the
bins under your desk. These bins are for co-mingled recycling only.
(g) Recycling – Please dispose of general recycling in the double stainless steel bin or
plastic storage tub in the store room.
(h) Tea Towels – Located in the second drawer down, directly to the left of the fridge. Please place used tea towels in the plastic bag hanging from the wall in the store room.
4.3 Bathroom Facilities
Please leave the toilets and shower in a clean and tidy condition and report to the Office Manager if any of the facilities need attention.
Spare toilet paper, cleaning and other items are located in the cupboards below the basins, or in the storeroom located directly to the right of the Ladies Toilet.
There is free car parking on site and free public car parking within a short walking distance of the Bruce Serviced Offices.
Guests and their visitors must park in the unmarked car park areas. Unmarked carparks are located in the middle rows of the car parking area.
Car parks clearly marked Childcare or otherwise signposted and are not to be used.
If dedicated guest parking is required please enquire with the Host to discuss your requirements.
4.5 Guests Use of Workspace
The Workspace is located within an open plan office environment and the Guest must consider other Guests and the Host at all times.
The Guest will use common sense and be respectful of others when using the Workspace by ensuring the least possible disturbance wherever
The Guest will be limited to one visitor at any one time, unless a Meeting Room with capacity for extra visitors has been booked.
The Guest and one visitor may use the meeting table located in the area near the Workspace. The Guest acknowledges the Host cannot guarantee privacy and conversations may be overheard.
The Guest will be responsible for the actions or damage to the Workspace, Building or the Common Areas caused by its visitors.
While the Host provides a reasonable level of security, the Host will not be responsible for any loss, theft, or damage of any kind.
It is the Guest’s responsibility to ensure valuables are locked away and any material containing sensitive information including passwords is secure.
Please make all bookings, recurring payments of Fees, and security deposits on the BSO website by credit card. Should you wish to make alternative payment arrangements, please contact the Bruce Services Offices Manager.
4.8 Desk Tidy Policy
Guests must keep the Workspace reasonably tidy during the Term.
Guests are to vacate the Workspace in substantially similar condition to the commencement of the Agreement.
The Guest will receive an office induction on commencement of the Term which includes the location of fire exits and the first aid kit, and an evacuation procedure plan as marked on the office plan.
4.10 Internet and Wi-Fi
Wi-fi is available for Guests in the Workspace during the Term.
A password will be assigned to the Guest during the induction which will be available for the Term.
4.11 Photocopying, Scanning, Printing
Guests have access to reasonable use of the A4 Laser Printer in the Workspace for no extra cost during the Term.
For larger jobs, please approach the Office Manager who will coordinate your print or scan job.
Version: P88-BSOagreement.doc/ 17.11.17/
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