Terms and Conditions

Weston Town Center Executive Suites
Virtual Office Agreement
Terms and Conditions

Virtual services shall be provided by DSW of Weston, Inc, d/b/a Weston Town Center Executive Suites, located at
1792 Bell Tower Ln, Weston, FL 33326. This Agreement, which governs the terms and conditions of your use of the
services, is between DSW of Weston, Inc. d/b/a Weston Town Center Executive Suites (WTCES) and Client. Client certifies that services will only be used for lawful business purposes.

1. Term of Agreement
The commencement date shall be the effective date chosen on the online agreement. The initial term of the Agreement shall be either 6 months or 1 year. The Agreement shall automatically renew for the same term and conditions unless either party notifies the other in writing at least sixty (60) days prior to the expiration of the initial term. WTCES may terminate the Agreement at any time with or without notice should Client be in default.

2. General Services and use of premises
Business address- Client shall be permitted to use the WTCES business address for receipt of mail. Client shall collect mail on a regular basis. WTCES will not be liable to any loss or delay in the mail.

Telephone answering service- WTCES will provide personalized phone answering service per the virtual package selected, during regular business hours of 9.00am- 5.00pm, Monday thru Friday excluding holidays. After hours calls will be forwarded to the Client’s voicemail box or cell phone.

Conference rooms- Client may reserve the use of the conference rooms at WTCES location per fee schedule. If client chooses a package that includes conference room hours, such hours shall not accumulate from month to month. Cancellations must be sent to WTCES by email at least twenty-four hours prior to reservation. If Client does not cancel on time, Client shall be charged the full amount of the reservation.

The premises may only be used for lawful and reputable office purposes by Client, and by Client’s guests and invitees. Such usage shall not disturb other occupants or affect the cleanliness or safety of the premises.

3. Service Fees
In consideration of those services Client chose on the virtual agreement, Client shall pay WTCES the monthly service fee plus applicable sales tax, as set forth in the Agreement. All fees shall be payable on the first day of each month, without deduction and without demand. All fees required under this Agreement shall be payable to WTCES by check (mailed to the following address: WTCES, 1792 Bell Tower Lane, Weston, Florida 33326) or credit card. If the term shall not commence on the first day of a month or end on the last day of a month, then the monthly service fee for such months shall be prorated. In the event Client fails to make payments for fees within five (5) days of the date when due, Client shall also pay to WTCES a late fee of the greater of $25.00 or ten (10%) percent of the total outstanding balance that is due and has not been paid. In the event Client shall make payments for fees or other charges due hereunder in a form or manner uncollectible by WTCES, then in that event WTCES shall have the option to require all future payments to be made in cash and further, Client shall be responsible for all bank charges incurred in connection with any returned check and shall be subject to a service charge of thirty ($30.00) dollars and a late fee shall be due and payable in an amount equal to ten (10%) percent of the amount due.

4. Retainer
A two month security deposit from Client is required in order to activate service under this Virtual Office Agreement. Any remaining retainer will be refunded within thirty (30) days from service cancellation. At the option of WTCES, the retainer may be applied to offset any overdue payment, in which event Client is responsible for immediate replenishment of the retainer.

5. Additional Services
WTCES will make available to Client additional services that Client shall have the option of purchasing at its sole discretion. Such services may involve special telecommunication add-on features, secretarial and administrative support services, photocopying, etc. Client agrees to pay to WTCES the charges set forth in WTCES’s schedule of fees and services, within ten (10) days of receiving an invoice.

6. Liability
WTCES and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to person or damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the premises or any area adjacent to same including but not limited to any parking area. Without limitation of any other provision hereof, Client agrees to indemnify, defend, protect and save WTCES and its respective directors, licensors, officers, agents, servants and employees harmless from and against all liability to third parties arising out of Client’s use of the premises or actions or omissions of Client and/or its agents, employees, contractors, guests and invitees.
Client further agrees that all personal property of Client, its agents, employees, contractors, and invitees, within or about the premises or the Building shall be at the sole risk of Client.

7. INDEMNIFICATION OF WTCES.
Client shall indemnify and save harmless WTCES against and from all liabilities suits, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys’ fees on behalf of any person which may be imposed upon or incurred by or asserted against WTCES by reason of the occupancy, possession or use of the premises by Client, its employees, agents, contractors, guests, customers, invitees, or visitors. WTCES is not responsible for, nor has insurance for Client’s personal supplies or equipment kept or left at the Building.

8. No Assignment-This Agreement is not a lease and therefore is not subject to sublet or assignment. If Client is a corporation or other entity and if any transfer, sale, pledge, or other disposition of the majority of the outstanding stock or evidence of ownership shall occur, then WTCES shall have the right, at its option, to terminate this Agreement.

9. No Waiver-The failure of WTCES to insist upon or enforce strict performance or observance of any covenant, term or condition hereof or to exercise any remedy, privilege, or option, shall not be constructed as a waiver thereof. Any waiver or consent by WTCES on one or more occasions shall not constitute or be deemed a waiver for any future breach or occasion. No acceptance by WTCES of any partial payment shall constitute an accord or satisfaction, but shall only be deemed a part payment on account.

10. Notice-Whenever under this Agreement a provision is made for notice of any kind, it shall be deemed sufficient notice and service thereof if such notice to Client is in writing, addressed to Client at the last known post office address of Client or at the premises, and delivered by hand with an acknowledgement copy requested, or sent by reputable overnight delivery service or by certified mail with postage prepaid. If such written notice is to WTCES, it shall be addressed to WTCES, 1792 Bell Tower Lane, Weston, Florida 33326.

11. Brokers-Client warrants and represents that, to the Client’s knowledge, there is no real estate or business broker involved in this Agreement and that Client has had no dealings with any broker or salesman in the negotiation of this Agreement.

12. Parties-All promises, covenants, and Agreements set forth in this Agreement shall be binding upon, apply to, and inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, personal representatives, successors, and assigns.

13. No Smoking-The premises are a non-smoking facility. Client, its guests, invitees, customers, etc, are prohibited from smoking anywhere on the premises.

14. Governing Law-This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. WTCES and Client agree that in the event of any litigation arising out of the terms of this Agreement, the venue for such litigation shall be Broward County, Florida. The parties stipulate that for the purposes of WTCES’s enforcement rights, this is a service Agreement and not an Agreement for rental of office space.

15. Partial Invalidity-If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

16. Miscellaneous-No oral statement or prior written matter shall have any force or effect. Client agrees that it is not relying on any representations or Agreements other than those contained in this Agreement. This Agreement shall not be modified or cancelled except in writing subscribed by both parties

NO INTEREST IN REAL PROPERTY. THIS AGREEMENT IS NOT INTENDED TO CREATE ANY INTEREST IN REAL PROPERTY, INCLUDING ANY LEASEHOLD INTEREST, IN FAVOR OF THE CLIENT, BUT MERELY CREATES A REVOCABLE LICENSE IN ACCORDANCE WITH THE TERMS HEREOF.