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Properties for Sale.
Business Centre Agreement ... drafted by Divya Kant Mehta
BUSINESS CENTRE AGREEMENT
This Agreement made at Mumbai this ______ day of ________, 200__ BETWEEN
__________________________, hereinafter called the "OWNER" an Adult Indian
Inhabitant resident of ________________________________________
_________________ (which expression shall unless repugnant to the context
or meaning be deemed to mean and include her heirs, executors,
Administrators and assigns) the One Part and __________________________,
hereinafter called the "USER" also an adult Indian Inhabitant, residing at
_______________________ _____________________________________ (which
expression shall unless repugnant to the context or meaning be deemed to
mean and include her heirs, executors, Administrators and assigns) of the
Other Part.
WHEREAS THE Owner is carrying on business at ________________
________________________________________ and running his business service
centre at the said place with all basic facilities and infrastructure.
AND WHEREAS the Owner temporarily permitted the User to avail the
facilities of the said business centre for a period of ___________
weeks/months
AND WHEREAS the said period of ____ weeks/months commencing from
____________ AND WHEREAS the Owner has consented to the said proposal of
the User and the parties hereto are desirous of recording the terms and
conditions of the said agreement.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:-
1. The User shall pay a non-refundable membership fee of Rs.________/-
(Rupees _________________ only) to the Party of the First Part for
becoming member of the Business Service Centre.
2. The Party of the One Part is running the said business service centre
at its aforesaid premises at
______________________________________________
____________________________________________________ having the facilities
mentioned in Schedule-“I” hereunder to this agreement. The User is in need
of such facilities to a limited extent and for a temporary period until
the Party of the second Part makes its own permanent arrangement.
3. The Party of the Second Part has clearly understood that the provisions
of such facilities will be subject to availability, use and requirement.
It is also made clear that the office will be kept open by the Party of
the First Part and will remain open only during office hours. The office
will also remain closed on Sundays and Public Holidays.
4. The period of this Agreement and arrangement is for _____ Weeks/months
commencing from ______________ to _______________.
5. The User shall pay to the Party of the First Part the sum of
Rs.__________/- (Rupees ________________________________ only) per
week/month as fees for such facilities and use and Rs._______/- (Rupees
________________________________ only) towards service charges such as
secretarial services, computer services, service of peon etc. The user
shall be liable to pay the aforesaid charges in advance or against the
Bill of the owner. The timely payment of such fees and service charges is
the essence of this agreement.
6. The User shall also deposit with the Owner the Party of the One Part
Rs.___________/- (Rupees _________________________ only) against any
unpaid Bills or damages to the articles or to the premises or in respect
of nuisance or any act which may affect the property or rights of the
Owner. The Deposit shall be interest free and will be returned by the
Owner to the User upon the termination of this Agreement. However, in the
event of any of the above acts occurring the Owner shall be entitled in
his own sole discretion to appropriate and deduct part or whole of the
said deposit accordingly.
7. The User hereby agrees with the Owner as follows:-
(a) To avail of the use of the facilities amenities conveniences and
survives provided and the furniture, fixtures and fittings without in any
way disturbing or interfering with the activities and business of the
Owner.
(b) To have access to and use the said facilities only during the working
days and between the hours herein specified and when opened as stated
above. To keep the said office premises open between the hours of 9.30
a.m. and 6.30 p.m. from Monday to Friday and 9.30 a.m. to 4.00 p.m. on
Saturdays excluding Sundays and Public holidays under the Negotiable
Instruments Act and provided however that this sub-clause shall not
restrict the right of the Owner to close or keep closed without notice the
said office premises on any particular day or part or parts of such days
for reason or cause sufficiently shown.
(c) To carefully use the furniture, fixtures and fittings provided therein
and not to cause any damage thereto or any part thereof. The User may
bring in such extra furniture and moveable articles as required with
written permission of the Party of the Owner but without disturbing the
existing set up and the business activities of the Owner, the Party of the
First Part.
(d) To co-operate and comply with directions issued by the representative
or employee of the Owner who is instructed and authorised by the latter to
look after and take care of the said Office Premises in general and who is
to open and close the Office Premises in general before and after the
prescribed working hours.
(e) To keep Rs.__________/- (Rupees _________________________ only) as
mutually agreed as interest-free deposit for the due performance of this
agreement and such security deposit to be refunded to the User on expiry
of the period of this Agreement provided the User has not committed any
breach of any of the terms of this Agreement and subject to adjustment/
appropriation as stated above.
(f) To bring into the said Business Centre only office records,
correspondence, documents necessary or movable furniture and/or samples
but not to bring in any hazardous and inflammable items or things.
(g) To use the said facilities only for commercial purposes and in a
lawful manner and in no event to make any immoral or illegal use of the
same.
(h) Not to cause or create any disturbance, nuisance or annoyance to the
Party of the First Part or others.
(i) To give any Indemnity Bond separately to keep fully indemnified from
and against all suits, proceedings, actions, claims, demands as may be
made or filed against the Party of the First Part as a result of User
committing any default or breach of this Agreement and also from and
against all costs, charges and expenses as may be incurred by the Party of
the First Part in prosecuting and defending any such suit or proceedings
or other action by or against the Owner.
(j) For the sake of convenience, it is hereby agreed to reimburse the
Party of the First Part forthwith in respect of all charges for use and
consumption the entire bill for electricity and telephones during the
period of this Agreement.
(k) To comply forthwith with all and any directions which may be issued
from time to time by the Owner in regard to the cessation of use of any
table or tables or other furniture or fixtures and use in its stead of
such other table or tables or other furniture and on such place or places
which may be indicated or specified from time to time by the Owner.
(l) To use the said office facilities by itself and in any event not to
allow or permit outsiders or third parties save and except bonafide
clients and persons connected with the User to sit in said office premises
or any part thereof or use the said office facilities.
(m) Not to carry out any alterations, additions or improvements of a
permanent or temporary nature in the office premises without the previous
consent in writing of the Owner.
(n) Not to cause damage or injury to the said office premises or furniture
or fixtures, electrical installations other articles in the said office
premises.
(o) On the expiry of this Agreement to remove all its articles, papers,
belongings and things lying in the said office premises and on expiry of
the agreement term not to come upon the said office premises thereafter
and if not removed within two weeks from the determination of the said
agreement the same shall become the property of the owner.
8. It is mutually agreed by and between the parties hereto as follows:-
(a) The term of this arrangement shall be for ____ weeks/months. However
the same can be renewed on mutual agreement of both the parties for a
further period of ____ weeks/months provided the user agree to pay ___%
increases in fees and also in service charges.
(b) The Owner shall submit his bills for services rendered and the same
shall be paid by the User within _____ days or the same shall be adjusted
from the advance payments of the same and/or in any event the same shall
be adjusted against the interest-free security deposit, lying with the
Owner referred hereinabove.
(c) The User agrees to pay to the Owner any increase in the Municipal
Taxes on account of the use of the aforesaid facilities by the User.
(d) The arrangement herein is purely of a temporary nature and entirely to
the User itself and not transferable under any circumstances and the User
shall under no circumstances be entitled to assign or transfer the benefit
of this agreement to any other person or persons on any basis whatsoever.
(e) The User agrees and undertakes that no tenancy, licence or any other
protected rights whatsoever permitting the User or its employees or
servants to come upon and use the said office facilities or the said
office premises is created or intended or sought to be created by these
presents.
(f) In all its correspondence, stationary the User may show its address as
at the address stated above.
(g) On failure of payment of the weekly/monthly fees, service charges,
etc. by the User on time or on expiry of the period the Owner shall be
entitled to prevent access and denying facilities and services to the User
and its servants, employees or other visitors into the said office
premises and the facilities and every part thereof. This authority
reserved to and agreed by the User is irrevocable and constituted the
basis of this agreement and the User shall not be entitled to dispute,
challenge or call into question the validity or reasonableness of this
provision. Any breach of this provision shall entitle the Owner in
addition to other rights accruing to him to claim and recover from the
User such damages.
9. As security for due performance of the provision hereof the User agrees
to deposit Rs._____________/- (Rupees ________________________________
only) as mutually agreed to and the said amount after deducting therefrom
the amount of arrears, charges, dues and damages if any due from the User
to the Party of the First Part shall be refunded by the Owner without
interest on the arrangement herein coming to an end. However, and
wheresoever but only upon and not until the User removes itself, its
servants, agents, from the said Business premises, and not until the
facilities and services have ceased to be used.
10. It is mutually agreed and declared between the parties hereto that the
permission hereto granted by the Owner to the User to use its fixtures and
furniture as aforesaid is incidental to its availing of office facilities
and services provided by the Owner to the User and the User shall not be
entitled to avail of only the permission to use the fixtures and furniture
or avail of the other facilities separately as the arrangement is
composite, impartiable and indivisible.
11. Should any dispute arise between the parties hereto at any time during
the currency of this Agreement or whensoever thereafter, then as soon as
the dispute shall arise the same be referred to the sole arbitration of
any person as may be mutually acceptable by both the parties who shall be
entitled to hear the parties orally, peruse the records produced before
him and decide the dispute summarily without recording any formal evidence
and in a summary manner. If necessary, the Arbitrator may make his own
enquiries or meet the parties hereto or persons conversant with the facts
of the matter separately and in the absence of the other party and
ascertain the true facts and decide the dispute in a summary manner. This
provision has been expressly agreed upon between the parties hereto with a
view to substantially cause justice to being done to the parties without
loss of time and with a view to avoiding time consuming litigation in
Courts of law. The parties hereto shall not be entitled to impeach the
provisions of this arbitration clause on the ground of the summary nature
thereof as the parties hereto have agreed to the same and this also
constitutes the basis for the agreement hereto.
IN WITNESS WHEREOF the Parties hereto have hereunto set and subscribed
their respective hands and seals the day and the year hereinabove written.
SCHEDULE-I
FACILITIES AVAILABLE IN THE BUSINESS PREMISES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
SIGNED, SEALED AND DELIVERED )
by the withinnamed Owner: )
_________________ )
the Party of the First Part )
in the presence of: )
SIGNED, SEALED AND DELIVERED )
by the withinnamed User: )
________________________ )
the Party of the Second Part )
in the presence of: )
RECEIPT
Received of and from the withinnamed user the sum of Rs.__________/-
(Rupees _______________________________ only) by cash/cheque No.________
dated _____________ drawn on ____________________ Bank,
___________________ Branch, to make the total interest free security
deposit of Rs._____________/- along
with the previous deposit of Rs.______________/- already lying with me,
details of which is given hereunder being the deposit mentioned in clause
No.________
Our Brokerage: Rent: Equivalent to one month's rent : Sale: Equal to 2% of
the deal value. Service tax extra (10.2%) Short term let: 15% of the gross.
TDS on brokerage - 5.61% TDS on rent - 16.83%
Lease, sale, franchise, collaborations etc. Residential, Office, Industry,
Retail, School etc. Delhi, Gurgaon, Noida, Faridabad, Ghaziabad.
Email:
swagatamwebsite@gmail.comDisclaimer
