THIS AGREEMENT OF BUSINESS SERVICES made at _______ this ____ day of ________ 200___ BETWEEN A.B.C. proprietor of
M/s.A.B.C. Business Centre, of _________, Indian Inhabitant, having address at _______________________________________ hereinafter called “THE PROPRIETOR” (which expression shall unless it be repugnant or contrary to the meaning thereof shall mean and include his heirs, executors, administrators and assigns) of the ONE PART; and XYZ, also of __________, Indian Inhabitant, having address at __________ ______________________________ hereinafter called ‘THE CLIENT’ (which expression shall unless it be repugnant or contrary to the meaning thereof shall mean and include his heirs, executors and administrators) of the OTHER PART;
WHEREAS:—
(a) The
proprietor is the absolute owner of the premises being No._______, admeasuring
________________ sq.ft. situate
at _________________________________________(hereinafter referred to as “the
said Premises”);
(b) The
Proprietor has furnished the said premises and has installed furniture,
fixtures and fittings, Air conditioners, Computers, photo copying Machine and
Communication System therein and has also provided other amenities and
convenience which are hereafter collectively referred to as “the said business
facilities” (list of furniture, fittings, air-conditioners, electrical
installation etc. is attached herewith).
(c) The
Proprietor is running a business services centre to provide ready common office
facilities and services including office arrangements, messages and address
facilities and other services in the said premises and permit interested
parties who are interested in availing on sharing non-exclusive basis ready
office working arrangement, the said facilities and services in common with other
parties to conduct their respective businesses on similar basis by means of
facilities and services allotted to them in the said office premises.
(d) The
client has approached and requested the proprietor to permit the client to use
the Business Service Facilities in a portion of the said premises namely 200
sq.ft. of built up area.
(e) The
Proprietor has agreed to provide “Business Service Facilities” to the
Client upon the terms and conditions hereinafter mentioned.
NOW IT IS HEREBY AGREED AND
RECORDED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:—
1. The
Proprietor shall make available to the Client business service facilities,
amenities and convenience in a portion of the said premises for a period of
eleven months commencing on and from the ____ day of ________ 200____ on the
terms and conditions appearing hereinafter.
2. In
consideration of the client being granted the benefits of the business service
facilities by the Proprietor of Business Centre, the Client shall pay to the
proprietor a sum of Rs.______/- (Rupees ___________________________ only) per
month as and by way of service charges or fees without any reduction or
deduction to be paid in advance on or before the 10th day of each month for
which the same is due. In case of any delay the client shall pay to the
Proprietor interest @ of 15% per annum on the outstanding amount for the
delayed period. The aforesaid service charges/Fee shall be inclusive of
electricity charges, property taxes and water charges but excluding of
telephone and fax bills which will have to be paid by the client to the
proprietor on actual basis. If there is any increment in taxes the same shall
be borne by the client.
3. The
Client shall on execution hereof deposit an amount of Rs._________/- (Rupees
____________ only) with the Proprietor as and by way of refundable Security
Deposit to be held by the Proprietor free of interest and the Proprietor shall
return the said deposit to the Client on expiry of the tenure under this
agreement after deducting any amount due and payable by the Client to the
Proprietor or on expiry of this agreement by efflux of time or on earlier
determination under the terms mentioned herein. The Proprietor shall repay the
said deposit after permissible deductions (if any) only against the Client
removing itself its goods, articles and staff from the said premises and not
otherwise.
4. In the
event the Client desires to bring in its own additional facilities, amenities,
equipments, fittings, telephones/equipments, computers, telemachines, fax machines
or other articles at its own cost, amount and expenses, the Client shall be
allowed to do so only with prior express permission in writing of the
Proprietor, which shall not be unreasonably withheld.
5. The
Proprietor has agreed to render the following services to the Client in the
said premises—
(a) The
Client shall use the Business Centre Facility for itself, its employees,
customers and visitors as may be required for the Client’s bonafide business
interest only.
(b) The
Client shall be permitted to use the telephone and fax lines installed in the
said premises and shall pay for the same on actual basis during the subsistence
of this Agreement.
(c) The
Proprietor shall provide to the Client further facilities which at his sole
discretion he considers necessary. The Proprietor shall be entitled at his sole
option to employ or engage on Contractual basis such number and grade of
employees for carrying out the aforesaid services.
(d) The
Client shall use the said portion of premises and facilities provided therein
by the Proprietor with due care and caution and shall make compensation for any
damage done or for any articles missing (reasonable wear and tear excepted).
The Client shall not make any alterations or additions in the said premises
without specific and written consent of the Proprietor.
6. The
Client shall ordinarily be permitted to use the said portion of premises
between 8.00 A.M. in the morning to
8.00 P.M. in the evening on week days and from 8.00 A.M. in the morning to 2.30
P.M. in the afternoon on Saturdays. The Proprietor shall not provide the said
facilities on Sundays and Bank Holidays and normally the Business Centre shall
remain closed on those days. The Proprietor shall alone be in Control and
charge for keeping the said premises opened and making available the said
portion together with facilities to the Client. However, on special request of
the Client, the Proprietor may at his sole discretion provide the said
facilities to the Client on non-working days or outside working hours. In the
event of non-payment or delayed payment the proprietor shall be fully entitled
to disconnect and/or suspend the said services to
the client.
7. The
Client is allowed to carry on his permissible Commercial activities in the said
premises subject to the terms and conditions of this Agreement.
8. The
Client shall be allowed to display his name board outside the said premises
along with the name board of the Proprietor, his associates and/or his other
Clients who may be also using the Proprietor’s Business Centre facilities.
9. In the
event of the Client committing any breach of the terms and conditions herein
contained and failing within fifteen days to rectify or make good such breach
on receipt of notice in writing from the Proprietor, then the Proprietor shall
be entitled to terminate this Agreement in which event the Client shall cease
to use the said premises and facilities on expiry of fifteen days from the
receipt of notice of such termination.
10. On the
expiry of duration of the period as provided in this agreement and/or earlier
termination of this agreement by the Proprietor, the Client shall remove
himself and the persons using the said Premises as also all their belongings,
articles and things from the said premises and until such time the Client shall
be liable and hereby agrees to pay to the proprietor compensation and/or mense
profit of Rs.____/- (Rupees ______________ only) per day for the use of the
said premises. The Client’s liability to pay the aforesaid compensation per day
shall be unconditional and absolute and in no case and in no circumstances he
shall be entitled to dispute the same. The said compensation shall be payable
every day and in case of default the client shall pay to the Proprietor
interest @ of 15% per annum on such amount. If the client fails to pay the
aforesaid compensation per day, in that event the Proprietor shall be entitled
to adjust the same against the said security deposit.
11. The
client hereby covenants with the proprietor as under:
(a) To pay
regularly and punctually as provided hereinabove the fee/service charges and
other amounts payable by him.
(b) To use
the business centre facilities therein for the purpose of business only and use
the said premises/facilities in a prudent manner.
(c) Not to
injure or harm any of the walls, partition walls, flooring and ceiling of the
said premises or any of the proprietor’s furniture, fixtures, fittings and
articles therein and to keep the same in good order and condition (save and
except reasonable wear and tear).
(d) Not to
hold the Proprietor responsible for or liable for any loss or damage suffered
by the Client on account of any theft, fire or other destruction caused to or
in the said premises or to any articles/equipments brought by the Client in the
said premises.
(e) To make
good to the Proprietor any loss or damage that may be caused to the said
premises and equipment or any other fittings, furniture, fixtures, articles or
property of the proprietor therein as a result of negligence on the part of the
Client, his servants, employees, agents, customers, visitors and/or other
persons calling at the said premises in connection with the business of the
Client.
(f) Not to
do or permit to be done in or upon the said premises anything which may be or
become a nuisance to the Proprietor or the other occupants of the said
Building.
(g) Not to
bring or store in the said premises any combustible materials or otherwise
dangerous things as may hamper the safety of the said office premises and the
building or as may increase the premium of insurance of the said office
premises and/or the building or render the existing insurance void.
(h) To
perform and observe strictly the provisions hereof and also the provisions of
law of the country for the time being and from time to time in force and also
the rules and regulations and bye-laws of the society of the said building for
the time being and from time to time in force for the user of the said
premises.
(i) No
tenancy or other right, title or interest and/or possession whatsoever is
created or intended to be created by this agreement in favour of the Client or
employees or servants or any other persons claiming through the Client. The
sole and exclusive possession of the said premises shall always remain with the
Proprietor and the Client is only permitted to use and enjoy the said premises
together with business centre facility therein. It is the express intention of
the parties hereto that this agreement is mere permission for use and enjoyment
of the said “Business Centre Facilities”.
(j) The
Client shall at its own cost insure all the equipments, articles, belonging to
the Client, stored and or lying in the said premises.
(k) The
client shall maintain the said premises together with furniture, fittings,
fixtures, air-conditioners throughout in good and working condition.
12. The
client shall under no circumstances be entitled to assign or transfer the
benefit of this agreement to any other person/s on any basis whatsoever.
13. The
stamp duty and registration charges (if applicable) and all incidental expenses
of these presents shall be borne and paid by the Client alone.
IN WITNESS WHEREOF, the parties hereto have
executed this agreement, in duplicate, the day and year first hereinabove
written.
SIGNED SEALED AND DELIVERED )
by the within named “THE PROPRIETOR” )
A.B.C. Proprietor of M/s. A.B.C.
)
Business Centre in the presence of:- ... )
SIGNED SEALED AND DELIVERED )
by the within named “THE CLIENT” )
XYZ in the presence of. ... )
RECEIPT
Received of and from the within named
the client a sum of Rs.________/- (Rupees ______________________________only)
being Security Deposit as mentioned hereinabove by Cheque No._________ dated
_______ drawn on ________________________, ____________ Branch.
I
SAY RECEIVED
ABC
Proprietor of M/s. A.B.C.
BUSINESS
CENTRE
(PROPRIETOR)
WITNESS:
1.
2.
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